Faculty Profile

Jennifer Herbst

Jennifer L. Herbst

Professor of Law and Medical Sciences


MBIO, JD, University of Pennsylvania
AB, Dartmouth College
LLM, Temple University
Areas of expertise

Health Care Law
Professional Responsibility

Law School Academic

Phone Number

(203) 582-6474

Mail Drop




Jennifer L. Herbst is currently a Professor of Law & Medical Sciences at Quinnipiac University's School of Law and Frank H. Netter MD School of Medicine. She also serves as a community member on the adult ethics committee for Yale-New Haven Hospital and the Human Subjects Committee for Yale University’s Human Research Protection Program.

Prior to joining the Quinnipiac faculty, she taught at Temple University's Beasley School of Law as an Abraham L. Freedman fellow. Earlier in her career, she worked as defense counsel for hospitals, health care providers, and pharmaceutical companies at a law firm in Philadelphia.

Her research looks at the intersection between health, ethics, law, and money. Her work has been published by the Journal of Law, Medicine & Ethics, the Hastings Center Report, Public Health Reports, Temple Law Review, BMC Medical Ethics, and Health Matrix. Her current research projects include looking at when, if ever, it may be ethical and/or good policy for a physician, hospital, or health care system to "fire" a patient, the ethics of using microbiota transplants for antibiotic stewardship purposes, and the ethical framework for loved ones making health care decisions for others.

Calvin Sung & Jennifer L. Herbst, The Ethics of Caring for Hospital-dependent Patients, 18 BMC MEDICAL ETHICS 75 (2017).

Jennifer L. Herbst, Permanent Patients: Hospital Discharge Planning Meets Housing Insecurity, 47 HASTINGS CENTER REPORT 6 (2017).

Jennifer L. Herbst, Victoria E. Richards, Mary E. Schramm & Angela Mattie, First Amendment Protection of Evidence-Based Promotion of Prescription Drugs: A Study of Published Clinical Evidence Supporting Off-Label Promotion in the USA, 31 PHARMACEUTICAL MEDICINE 309 (2017).

Jennifer L. Herbst, Public Health Law as a Way to Explore and Develop Professional Identity, 44 J.L. MED. & ETHICS 45 (Special Supplement to Issue 1) (2016).

Jennifer L. Herbst, Off-Label Promotion May Not Be Merely Commercial Speech, 88 TEMPLE L. REV. 43 (2015).

Jennifer L. Herbst, How Medicare Part D, Medicaid, electronic Prescribing, and ICD-10 Could Improve Public Health (But Only If CMS Lets Them), 24 HEALTH MATRIX 209 (2014).

Mary E. Schramm, Jennifer L. Herbst & Angela Mattie, The False Claims Act: a Review and Policy Recommendations, 18 INT'L. J. OF PHARMACEUTICAL & HEALTHCARE MARKETING 295 (2014).

Jennifer L. Herbst, Prescription Drug Coverage: Medicine or Science?, 43 (4) HASTINGS CENTER REPT. 9 (2013).

Jennifer L. Herbst, The Short-Sighted Value of Inefficiency: Why We Should Mind the Gap in the Reimbursement of Outpatient Prescription Drugs, 2 Case W. Res. J.L. Tech. & Internet 1 (2011).

Jennifer L. Herbst & Jon F. Merz, MOLECULAR DIAGNOSTICS FOR THE CLINICAL LABORATORIAN, Ethical, Social, and Legal Issues Related to Molecular Genetic Testing, 2d ed. 545 (Humana Press 2006).