Gail B. Agrawal

Office University of Kansas School of Law Email: gagrawal@ku.edu 1535 West Fifteenth Street Lawrence, Kansas Professional Employment July 2006- Dean and Professor of Law Present University of Kansas School of Law

“KU Law School” is a public law school with an overall annual budget of approximately $12 million. It is situated within a research-extensive state-assisted University with a student population of approximately 30,000. The Law School has a student-body of 515 students pursuing the JD, two-year JD for international lawyers, LLM in Elder Law, or S.J.D degrees. The faculty currently consists of thirty-two tenured and tenure-track faculty, six clinical faculty, and four legal research and writing instructors. During my tenure as dean, the first-year curriculum was revised for the first time in two decades and an upper-level professional skills requirement was added. The upper-level curricular is currently under faculty review. An extracurricular series entitled “Preparing for the Profession” was instituted for students. A differential teaching package was adopted, along with revised policies for faculty evaluation, faculty appointments, and promotion and tenure. The faculty workshop series was reinvigorated, and a young faculty exchange program and an early-idea workshop created. Expenditures for faculty research grants and awards increased. One new clinic was added, the Medical-Legal Clinic, funded entirely with private grants. Two new centers were created; the “Shook, Hardy & Bacon Center for Advocacy” was funded with private gifts, and the Center for International Trade and Agriculture will be funded with a federal seed grant. Private giving increased each year. The gender and ethnic diversity of the faculty, staff, and student-body improved. A zero-based budget program was adopted and the budget office reorganized. The administrative structure was reorganized including the creation of staff positions for an associate dean for student affairs, a director of communications, a director of diversity initiatives, and a director of external relations.

2005-2006 Interim Dean and Professor of Law University of North Carolina Law School

“Carolina Law” is a public law school situated with a research-extensive public university. It had a student body of approximately 700 students, forty-five

tenured and tenure track faculty members and two full-time legal research and writing directors, and a budget in excess of $18 million. As interim dean, I led the law school and prepared it for its next dean, developing an across-the-board needs assessment. During that nine-month period, the Center for Poverty, Work and Opportunity, formally announced the year before, began operations. With the newly named faculty director, we selected a staff director, worked with an interdisciplinary board of directors, appointed by the provost, to develop the mission and research agenda, and hosted several interdisciplinary programs. Fundraising responsibilities included the near-final year of a capital campaign and seeking private funding for the new Center. Secured a commitment of private funds to retire a $1.2 million debt owed the University. Created a monthly law-school-community lecture series for faculty and students. Successfully hired two faculty members, appealed the denial of tenure at the University-level of a candidate who had full support of the Law School faculty, and secured tenure and promotion for a second candidate.

2004-2005 Senior Associate Dean and Professor of Law

University of North Carolina Law School As senior associate dean reporting to the dean, I directly supervised the internal operations of the law school, including student affairs, admissions, career services, facilities, information technology, communications, and budget and finance. My duties also included the traditional responsibilities of the associate dean for academic affairs and informal mentoring of junior faculty. Achievements included reorganization of the administrative staff of the law school, creating positions for the assistant dean for administration and the assistant dean for information technology and formalizing a budgetary process for the school. Led a faculty initiative to create and adopt a unitary tenure standard for clinical faculty. Served on the Faculty Appointments Committee ex officio (with vote).

2003-2004 Associate Dean for Academic Affairs and Professor of Law

University of North Carolina Law School As associate dean for academic affairs, I prepared the academic schedule, advised students, selected and trained new adjunct faculty members, and interfaced with students with academic or other difficulties. Duties also included chairing the Academic Affairs Committee, which, during my tenure, revised the upper-level writing requirement, adopted a program of “pro bono honors,” and revised requirements for graduation with academic honors. During this year, I also participated in an invitation-only yearlong seminar on academic leadership and attended a week-long program at the Center for Creative Leadership.

2001-2002 Professor of Law (tenured and promoted) 1997-2002 Associate Professor of Law University of North Carolina Law School

Taught courses in health care law and regulation, torts, contracts, and professional responsibility. Served on the Admissions Committee and the Academic Affairs Committee. Regularly guest lectured at the School of Public Health. Served as a master thesis advisor and on doctoral dissertation committees for the School of Public Health. Member of the search committee for the dean of the School of Pharmacy.

1996-1997 University of Michigan Law School

W. M. Keck Visiting Professor of Law and Legal Ethics Courses taught were Legal Profession and Legal Ethics and a seminar in the Law and Regulation of Managed Care.

1989-1993 Tulane Law School (part-time) Adjunct Assistant (later Adjunct Associate) Professor of Law

Taught a health law survey course each spring semester.

Tulane School of Public Health and Tropical Medicine Clinical Associate Professor of Public Health (Adjunct), 1989-1993 Taught health care law and regulation to health care professionals enrolled

in the Executive Master of Health Administration program.

Judicial Clerkships 1984-1985 Supreme Court of the United States,

Associate Justice Sandra Day O=Connor. 1983-1984 United States Court of Appeals for the Fifth Circuit,

Senior Judge John Minor Wisdom, 1983-1984. Other Professional Employment 1993-1996 Aetna Inc., Hartford, CT.

Counsel, Head of Medical Management, Law and Regulatory Affairs. Advised national managed care business operations on medical-legal issues and developed positions on proposed federal and state legislation and regulation affecting managed care. Coordinated due diligence for Aetna=s purchase of U. S. Healthcare, Inc., and oversaw a variety of transition-related legal activities for the combined Aetna-U.S. Healthcare operations. Managed a team of lawyers, paralegals, outside counsel, and support staff

1986-1993 Monroe & Lemann, New Orleans, LA.

Member of the firm from November 1989. Managed a small group of lawyers and paralegals with practice limited to health law. Representative clients included an integrated delivery system with a teaching hospital, physician group practice and research foundation, the state organ procurement agency, a state hospital

service district in a rural under-served area, and a regional health maintenance organization.

Education

1983 Tulane School of Law, New Orleans, LA

Juris Doctor summa cum laude, 1983. 1st of 238 (to that date, highest GPA in school history) Order of the Coif.

1983 Tulane School of Public Health and Tropical Medicine,

New Orleans, LA. Master of Public Health (health systems management), Delta Omega (honor society).

1978 University of New Orleans, New Orleans, LA

Bachelor of Arts (sociology). Selected Publications

Gail B. Agrawal, Be Careful What You Wish For: Succeeding in the Dean Candidate Pool, 31 Seattle University Law Review 765 (2007).

Gail B. Agrawal, Tribute to Gene Nichol: Musings of an Associate Dean, 83 North Carolina Law Review 1419 (2005).

Mark A. Hall and Gail B. Agrawal, The Impact of State Managed Care Liability Statutes, 22 Health Affairs 138 (September/October 2003)

Gail B. Agrawal and Mark A. Hall, What If You Could Sue Your HMO: Liability Beyond the ERISA Shield, 47 St. Louis U. L.J. 235 (symposium issue) (2003) (reprinted in part in Lawrence Gostin, “Law, Science, and Medicine” (2004)).

Gail B. Agrawal and Howard R. Veit, The Managed Care Revolution: A Prequel, 65 Law and Contemporary Problems 11 (symposium issue) (2002).

Gail B. Agrawal, Resuscitating Professionalism: Self-Regulation in the Medical Marketplace, 66 Mo. L. Rev. 341 (2001) (reprinted in part in Marsha Garrison & Carl E. Schneider, The Law of Bioethics: Individual Autonomy and Social Regulation (West 2003)

John Billi and Gail Agrawal, co-editors, The Challenge of Regulating Managed Care (monograph) (University of Michigan press) (2001).

Gail B. Agrawal, Managing the Managers: An Introduction to the Challenge of Regulating Managed Care, in The Challenge of Regulating Managed Care (2001).

Gail B Agrawal, Chicago Hope Meets the Chicago School, 96 Mich. L. Rev. 1793 (1998) (reviewing Mark A. Hall, Making Medical Spending Decisions, The Law, Ethics, & Economics of Rationing Mechanisms (1997)).

Selected Presentations and Programs

Succeeding as a Dean Candidate, SALT and Seattle University co-sponsored conference to increase diversity among law deans, 2007. “Trends in Legal Education,” various bar association and related events in Kansas, 2006-2009. Chair, Law Deans’ Summer Workshop, held in conjunction with ABA meeting, August 2009.

Co-chair, Law Deans’ Workshop, held in conjunction with Conference of State Chief Justices, February 2009. A Fireside Chat with the Honorable Sandra Day O’Connor, Associate Justice of the Supreme Court of the United States, Tenth Circuit Judicial Conference, 2007. Institute of Medicine, Committee on Increasing Rates of Organ Donation, “The Prohibition of ‘Valuable Consideration’ in Organ Procurement,” March, 2005. University of Michigan Program in Society and Medicine, Panelist and Co-Moderator, “Can Managed Care Survive Today’s Challenges.” March 21, 2003. National Comprehensive Cancer Network Cancer Policy Summit, Roundtable Participant, “National Initiative in Quality Cancer Care: Reality, Possibility, or Fantasy?” October 6-7, 2002. An invitation-only health policy summit sponsored by an association of academic medical centers. “Back to the Future: The Managed Care Revolution,” November 2001. Symposium entitled “Is the Health Care Revolution Finished,” Duke Law School. Papers published in Law and Contemporary Problems. “What if you Could Sue Your HMO: Liability Beyond the ERISA Shield?” April 2002. Annual health law symposium, St. Louis University School of Law. Papers published in St. Louis University Law Journal. “Insurance Regulation and Consumer Protections in Managed Care,@ 1999, 2000 and 2001 Summer Institute(s) for Legislative Health Staff Development. A joint project of the National Conference of State Legislatures, UNC-CH School of Public Health and the Cecil G. Sheps Center for Health Services Research.

“Ethical Issues in Counseling Clients under Investigation by Federal Agencies,” North Carolina Health Care Attorneys, 2000 annual meeting.

“Medical Ethics and Managed Care.” American College of Physicians, 2000 annual meeting.

“Managed Care and the ‘Practice of Medicine.’” National Comprehensive Cancer Network, 2000 annual meeting.

“ERISA and Managed Care Liability,” Joint Session of the Tort and Insurance Law Sections, Association of American Law Schools, 1999 annual meeting.

“Utilization Management and the Practice of Medicine,” The 19th Annual Health Law Teachers Conference, June 1998.

“Regulation of Managed Care: The North Carolina Experience,” The Festival of Legal Learning, January 1998 and February 2001. Presenter at a continuing legal education program sponsored by The University of North Carolina at Chapel Hill.

“Issues in Managed Care Liability,@ Masters Program in Managed Care, National Health Lawyers Association, September 1997. Invited speaker at an invitation only program for senior lawyers, policy analysts, and government regulators.

AManaged Care: The Challenge of Regulation,@ the University of Michigan Forum on Health Policy, April 1997. Faculty panelist.

“Professional Ethics: Preserving the Physician=s Values in Managed Care Contracting,@ in a continuing medical education program sponsored by

Blue Cross Blue Shield of Michigan and presented by Faculty of the University of Michigan Medical School, April 1997.

AThe Future of Health Care: A Managed Care Perspective,@ program co-sponsored by Tulane Medical School and Tulane School of Public Health, 1995.

APhysician Selection and Termination by Managed Care Organizations,@ National Managed Care Law Institute, National Health Lawyers Association, 1995.

AThe Use of Physician Financial Incentives in Managed Care,@ Annual Managed Care Law Program, American Association of Health Plans, 1995. APatient Choice and Access to Care in a Managed Care Environment,@ program co- sponsored by Tulane Medical School and Tulane Law School, 1995.

Selected Civic and Professional Activities Member, American Law Institute

Member, Oversight Body, AMA Ethical Force Program (ongoing)

Member, Steering Committee, Governor’s Task Force on Health Care for All Kansans, 2007-2008.

Chair, Secretary’s Advisory Committee on Organ Procurement, U.S. Department of

Health and Human Services, 2006-2008; Committee Member from 2001.

Editorial Board, North Carolina Institute of Medicine, 2004-2006

Health Law Section Council, North Carolina Bar Association , 2000-2003. Medico-Legal Committee, North Carolina Bar Association-North Carolina Medical Society, 2000-2003.

Member, Committee on Women in the Profession, North Carolina Bar Association, 2002-2006, and Co-Chair 2003 Symposium Committee.

Expert Advisory Panel on Healthcare Benefit Determinations, Ethical Force Program of the American Medical Association Institute for Ethics, 1999-2002.

Member, Board of Directors, American Liver Foundation.

Member, Board of Directors, American Health Lawyers Association, 1996-2002. Executive Committee 1998-1999; Vice-Chair, Committee on HMOs and Managed Care, 1997-1999.

Member, Executive Committee, Ochsner Health Plan (governing board of a health maintenance organization), 1991-1993.

Member, Board of Visitors, College of Liberal Arts, University of New Orleans, 1991-1998, and Member, Capital Campaign Committee of the Board of Visitors, 1996-1998.

Member, Board of Advisory Editors, Tulane Law Review, 1988-Present.

Member, Board of Directors, Family Services of New Orleans, 1992-1993.

Member, Dean=s Council, Tulane Law School, 1989-1996.

Vice-Chair, Louisiana State Bar Association-Louisiana Medical Society, Medical/Legal Inter-professional Committee, 1991-1993.

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