Craig Konnoth

  • Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law

Craig Konnoth writes in health and civil rights, as well as on health data regulation. He is also active in LGBT rights litigation, and has filed briefs in the U.S. Supreme Court and the Tenth Circuit on LGBT rights issues. His publications have appeared or will appear in the Yale Law Journal, the Stanford Law Review, the Hastings Law Journal, the University of Pennsylvania Law Review, the Iowa Law Review, the online companions to the Penn law review and the Washington & Lee Law Review, and as chapters in edited volumes. In 2022, he was named UVA’s John T. Casteen III Faculty Fellow in Ethics, a program that supports integrating ethical analysis and reasoning into courses. In 2021, he was awarded a Greenwall Foundation Fellowship, which is the nation’s foremost fellowship in bioethics for early career scholars.

Konnoth formerly was an associate professor at the University of Colorado, where he ran the Health Law Certificate Program. Prior to Colorado, he was a Sharswood and Rudin Fellow at the University of Pennsylvania Carey Law School and New York University Medical School, where he taught health information law, health law, and LGBT health law and bioethics.

Konnoth has also served as a deputy solicitor general with the California Department of Justice, where his docket primarily involved cases before the U.S. Supreme Court, and also before the California Supreme Court and the Ninth Circuit Court of Appeals. His cases involved the contraceptive mandate in the Affordable Care Act, sexual orientation change efforts, Facebook privacy policies and cellphone searches. Before moving into government, Konnoth was the R. Scott Hitt Fellow in Law and Policy at the Williams Institute at UCLA Law School, where he focused on issues affecting same-sex partners, long-term care and Medicaid coverage issues, and drafted HIV rights legislation. He clerked for Judge Margaret McKeown of the Ninth Circuit Court of Appeals.

Education

  • J.D.
    Yale Law School
    2010
  • M.Phil.
    Cambridge University
    2007
  • B.A.
    Fordham University
    2005

Forthcoming

Panel Discussion on How to Become a Full-Time Law Professor (with al. et), Journal of Legal Education (2020).

Book Chapters

SMITH V. RASMUSSEN (with Heather Walter McCabe), in Feminist Judgments: Rewritten Health Law Opinions, Cambridge University Press, 237–263 (2022).
Normative Bases of Medical Civil Rights, in Disability, Health, Law and Bioethics, Cambridge University Press, 200–210 (2020).
Transparency versus Informed Consent: The Patient/Consumer Paradigms, in Transparency in Health and Health Care in the United States: Law and Ethics, Cambridge University Press, 75–87 (2019).
Reclaiming Biopolitics: Religion and Psychiatry in the Sexual Orientation Change Therapy Cases and the Establishment Clause Defense, in Law, Religion, and Health in the United States, Cambridge University Press, 276–287 (2017).

Articles & Reviews

The Problem of “Relevant Experience”, 23 American Journal of Bioethics 36–38 (2023).
Health Data Federalism, 101 Boston University Law Review 2169 (2021).
Race and Medical Double-Binds, 121 Columbia Law Review Forum 135 (2021).
Privatization's Preemptive Effects, 134 Harvard Law Review 1937–2024 (2021).
Can Electronic Health Records Be Saved? (with Gabriel Scheffler), 46 American Journal of Law & Medicine 7–19 (2020).
Medical Civil Rights as a Site of Activism: A Reply to Critics, 73 Stanford Law Review Online (2020).
Medicalization and the New Civil Rights, 72 Stanford Law Review 1165–1268 (2020).
Narrowly Tailoring the COVID-19 Response, 11 California Law Review Online 193–208 (2020).
Privatized Preemption, 45 Administrative & Regulatory Law News 10–12 (2020).
Regulatory De-Arbitrage in Twenty-First Century Cures Act's Health Information Regulation, 29 Annals of Health Law 135–152 (2020).
Drugs' Other Side-Effects, 105 Iowa Law Review 171–238 (2019).
Keynote: The Protection of LGBT Youth, 81 University of Pittsburgh Law Review 263–286 (2019).
Ethical Issues in Gender-Affirming Care for Youth (with Laura L. Kimberly et al.), 142 Pediatrics (2018).
Data Collection, EHRs, and Poverty Determinations, 46 Journal of Law, Medicine & Ethics 622–628 (2018).
An Expressive Theory of Privacy Intrusions, 102 Iowa Law Review 1533–1580 (2017).
Health Information Equity, 165 University of Pennsylvania Law Review 1317–1376 (2017).
Classification Standards for Health Information: Ethical and Practical Approaches, 72 Washington & Lee Law Review Online 397–408 (2016).
Spelling Out Spokeo (with Seth Kreimer), 165 University of Pennsylvania Law Review Online 47–62 (2016).
Revoking Rights, 66 Hastings Law Journal 1365–1442 (2015).
Created In Its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s-1970s, 119 Yale Law Journal 316–372 (2009).
Book Note (reviewing Daniel Terris, Cesare P.R. Romano, & Leigh Swigart, The International Judge) 33 Yale Journal of International Law 525–528 (2008).
Botulinum Neurotoxin Type B and Physical Therapy in the Treatment of Piriformis Syndrome: a Dose-Finding Study (with Loren M. Fishman & Bernard Rozner), 83 American Journal of Physical Medicine & Rehabilitation 42–50 (2004).

Reports & Datasets

U.S. Supreme Court Amici Curiae Brief of Law & History Professors in Support of Respondents in R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, No. 18-107 (with others) (2019).
U.S. Supreme Court Amici Curiae Brief of Colorado Organizations and Individuals in Support of Respondents in Masterpiece Cakeshop v. Colorado Civil Rights Commission, No. 16-111 (with others) (2017).
U.S. Supreme Court Brief for Respondent in Riley v. California, No. 13-132 (with others) (2014).
U.S. Supreme Court Brief of Amici Curiae California et al. Supporting Petitioners in Hobby Lobby Stores, No. 13-354 (with others) (2013).
U.S. Supreme Court Brief of Amici Curiae California et al. Supporting Respondent, No. 12-462 (with others) (2013).
Extending Medicaid Long-Term Care Impoverishment Protections to Same-Sex Couples (with Christy Mallory, Jennifer Pizer & Brad Sears), Report to Services and Advocacy for GLBT Elders (2012).
U.S. Supreme Court Brief of Respondent in Opposition to Certiorari in National Association of Optometrists & Opticians v. Harris, No. 12-461 (with others) (2012).

Op-Eds, Blogs, Shorter Works

Intersectionality in the Opioid Crisis: Anti-Black Racism and White, Pregnant, Opioid Users, JOTWELL (May 12, 2020).
Polis Right to Issue Eviction Moratorium, The Denver Post 13A (May 4, 2020).
No Matter How the Masterpiece Cakeshop Case Is Decided, Gay Rights Win, Washington Post (December 6, 2017).
The Constitutionality of a Special Health Care Deal for Alaska, Huffington Post (September 22, 2017).
Colbert May Support Gay Right, But That Doesn't Mean He Gets to Make Gay Jokes, Washington Post (May 3, 2017).
The Orlando Shootings and Homophobia in Healthcare, The Health Care Blog (June 25, 2016).
Confusion over HIPAA Causes Grief in Orlando (with Arthur Caplan), The Health Care Blog (June 14, 2016).
Comment on the Confidentiality of Substance Use Disorder Patient Records, Federal Register, Docket ID SAMHSA-4162-20 (2016).
Extending Medicaid Long-Term Care Impoverishment Protections To Same-Sex Couples (with Christy Mallory, Jennifer C. Pizer & Brad Sears) (2012).
Non-Citizen, Binational and Naturalized Same-Sex Couples in the United States (with Gary Gates), report to Immigration Equality (2011).
Spending on Weddings of Same-Sex Couples in the United States (with M.V. Lee Badgett & R. Bradley Sears), The Williams Institute, University of California School of Law (2011).
Testimony of the Demographic Characteristics of Gay, Lesbian and Bisexual Latinos and Latinos in Same-Sex Couples, to the American Bar Association Commission on Hispanic Rights & Responsibilities (2011).
The Fiscal Impact of Creating Civil Unions on Colorado's Budget (with M.V. Lee Badgett & Jody L. Herman), The Williams Institute, University of California School of Law (2011).
The Impact of Creating Civil Unions for Same-Sex Couples on Delaware's Budget (with M.V. Lee Badgett & Jody Herman), The Williams Institute, University of California School of Law (2011).
The Impact on Rhode Island's Budget of Allowing Same-Sex Couples to Marry (with M.V. Lee Badgett & Jody L. Herman), The Williams Institute, University of California School of Law (2011).
Outcome of Attorney General's Race May Affect Gay Marriage Case, Sacramento Bee A13 (November 9, 2010).

Current Courses

Medicalization and the Law
Sexuality and the Law

All Courses

  • Health Law and Policy
  • Property
  • Sexuality and the Law
  • Sexuality, Gender Identity and Law

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