Elizabeth (Liz) McCuskey, JD
Professor (appointment pending)
Boston University School of Public Health
Dept of Health Law, Policy & Management

JD, University of Pennsylvania Law School

Pronouns: she/her/hers
favorite icon LinkedIn

Professor McCuskey's research focuses on regulatory reforms for health equity and courts’ roles in securing those reforms. She has nationally-recognized expertise in state-level health reforms and the role of employer-sponsored insurance in universal access plans, especially ERISA preemptions issues. She advises state legislative task forces on preemption issues in the design of health reforms. Her scholarship appears in legal academic journals including The University of Pennsylvania Law Review, The University of California Davis Law Review, The Ohio State Law Journal, Temple Law Review, Nevada Law Journal, and Nebraska Law Review, in addition to the peer-reviewed interdisciplinary Journal of Law, Medicine, & Ethics, the Journal of Legal Medicine, and the N.Y.U. Review of Employee Benefits and Executive Compensation. Her work on ERISA preemption and state health reform was featured on Health Affairs Forefront and she has covered FDA preemption for SCOTUSBlog. The American Society for Law, Medicine, & Ethics selected Professor McCuskey as a 2016 Health Law Scholar and she serves as an adjunct of Saint Louis University’s Center for Health Law Studies.

Professor McCuskey also brings both academic and practice experience to the classroom, where she teaches Public Health Law, Health Law & Policy, Health Insurance & the ACA, Health Care Antitrust, and Food & Drug Law. She previously served as Professor of Law at UMass, and directed the University of Toledo College of Law’s health law program and inter-professional joint degree programs combining law with medicine and public health. Before her academic career, Professor McCuskey practiced law with Drinker, Biddle, & Reath LLP, specializing in antitrust and appellate litigation for health care clients. In addition, she has served as a board member and advocate with Philadelphia Legal Assistance, a litigation assistant for Hale and Dorr LLP’s representation of Boston Scientific, an intern for then-Chief Judge David Faber on the U.S. District Court for the S.D.W.V., and a member of Advisory Committee to the U.S. District Court for the N.D.O.H.

Publications listed below are automatically derived from MEDLINE/PubMed and other sources, which might result in incorrect or missing publications. Faculty can login to make corrections and additions.

iCite Analysis       Copy PMIDs To Clipboard

  1. Elizabeth Y. McCuskey. State Cost-Control Reforms and ERISA Preemption. The Commonwealth Fund. 2022. View Publication
  2. McCuskey EY, Wiley L. Health Reform Reconstruction. University of California Davis Law Review. 2021.
  3. McCuskey EY, Fuse Brown EC. The Implications of Rutledge v. PCMA For State Health Care Cost Regulation. Health Affairs. 2020. View Publication
  4. Fuse Brown EC, Lawrence MB, McCuskey EY, Wiley LF. Social Solidarity in Health Care, American-Style. J Law Med Ethics. 2020 09; 48(3):411-428. PMID: 33021180
  5. McCuskey EY. ERISA Reform as Health Reform: The Case for an ERISA Preemption Waiver. J Law Med Ethics. 2020 09; 48(3):450-461. PMID: 33021183
  6. Fuse Brown EC, McCuskey EY. Federalism, ERISA, and State Single-Payer Health Care. University of Pennsylvania Law Review. 2020; 168. View Publication
  7. Morrison AS, McCuskey EY. Is the Preemption Clause of ERISA Unconstitutional?. New York University Review of Employee Benefits and Executive Compensation. 2019. View Publication
  8. McCuskey EY. Big Waiver Under Statutory Sabotage. Ohio North University Law Review. 2019. View Publication
  9. McCuskey EY. On Drugs: Preemption, Presumption, and Remedy. J Leg Med. 2018 Jul-Dec; 38(3-4):365-385. PMID: 31307348
  10. McCuskey EY. The Body Politic: Federalism as Feminism in Health Reform. Saint Louis University Journal of Health Law & Policy. 2018; 303. View Publication
Showing 10 of 18 results. Show More

This graph shows the total number of publications by year, by first, middle/unknown, or last author.

Bar chart showing 18 publications over 11 distinct years, with a maximum of 4 publications in 2020


2018 University of Toledo College of Law: Eastman & Smith Faculty Achievement Award
2018 University of Toledo College of Law: President’s Award for Outstanding Contribution in Scholarship
2016 University of Toledo College of Law: 2016 Health Law Scholar
2014 University of Toledo College of Law: Beth Eisler Award for First-Year Teaching
Contact for Mentoring:

715 Albany St
Boston MA 02118
Google Map

McCuskey's Networks
Click the "See All" links for more information and interactive visualizations
Similar People
Same Department