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& Me

A work in progress

There was some inexplicable force that compelled me to study law. Another powerful force draws me back home to the bayou, and yet another urges me to venture onward and away. I find some connection here in writing about it all.

Education

2017-2023

Dr. Jur. (Ph.D in law equivalent)

2005-2008

Juris Doctor (J.D.)

University of Passau, Faculty of Law (Passau, Germany)

Dissertation: Liability for Negligent Healthcare Clinical Risk Management in the United States and Germany

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University of North Carolina, School of Law (Chapel Hill, NC, USA)

2001-2005

Bachelor of Arts (B.A.)

Political Science

Louisiana Tech University (Ruston, LA, USA)

Academic Appointments, Fellowships, & Law Practice

2023 - current

Maastricht University, Faculty of Law (Maastricht, Netherlands)

Assistant Professor of Private law 

2022 - 2024

Penn State Dickinson Law, Carlisle, PA, USA

Researcher for EU Horizon Grant Project CLASSICA

2021 - 2023

New York University, School of Law (New York, NY, USA)

Acting Assistant Professor of Lawyering

Summer 2022

Bucerius Law School (Hamburg, Germany)

Joachim Herz Fellow

2017 - 2023

University of Passau (Passau, Germany)

PhD Researcher & Lecturer

2016 - 2017

Alexander von Humboldt Foundation (Bonn, Germany)

German Chancellor Fellow

2008 - 2021

Practicing Attorney

Licensed in the State of Illinois and State of Louisiana, USA

Writings

Privacy of Personal Data in the Generative AI Lifecycle

13(2) NYU Journal of Intellectual Property & Entertainment Law 219 (2024) (first author with Sara Gerke & Konrad Kollnig). Full text available here.

Articles

Surgical Video Data - "In," "Out," or "Shake It All About" the Medical Record

Annals of Surgery. E-pub ahead of print - 8 May 2024. doi: 10.1097/SLA.0000000000006336. (with Ronan Cahill & Sara Gerke). Full text available here

Artificial Intelligence and Medical Liability in Gastrointestinal Endoscopy

22(6) Clinical gastroenterology and hepatology 1165 (2024) (with Sami Elamin, Tyler Berzin, Mark Geissler & Sara Gerke). Full text available here

Decoding US Tort Liability in Healthcare’s Black-Box Era: Lessons From the EU

27 Stanford Technology Law Review 1 (2024) (first author with Sara Gerke). Full text available here.

Health Care AI and Patient Privacy—Dinerstein v Google

JAMA. Published online February 19, 2024. doi:10.1001/jama.2024.1110. (first author with Sara Gerke). Abstract available here.

Generative AI in Health Care and Liability Risks for Physicians and Safety Concerns for Patients 

JAMA. Published online July 06, 2023. doi:10.1001/jama.2023.9630 (first author with Sara Gerke). Abstract available here.

Ethical perspectives on surgical video recording for patients, surgeons and society: systematic review

7(3) BJS Open. Published Online May 05, 2023. doi: 10.1093/bjsopen/zrad063. PMID: 37354452 (with Walsh R, Kearns EC, Moynihan A, Gerke S, Corrales Compagnucci M, Minssen T, Cahill RA). Full text available here.

The Proposed EU Directives for AI Liability Leave Worrying Gaps Likely to Impact Medical AI

6(1) npj Digital Medicine 1 (2023) (first author with Sara Gerke). Full text available here.

Malpractice by the Autonomous AI Physician

2023 U. Ill. J.L. Tech. & Pol’y 1 (2023). Full text available here.

Are You My Doctor? Defining the physician-patient relationship in the age of e-health

28:2 Tulane Journal of International & Comparative Law 311 (2020). Full text available here.

Filling Voice Promotion Gaps in Healthcare through a Comparative Analysis of Error Reporting and Learning Systems and Open Communication and Disclosure Policies in the United States and Germany

44 American Journal of Law and Medicine 579 (2018). Abstract available here. Pre-publication draft available here.

Repurposing the Affirmative Defense of Comparative Fault in Medical Malpractice Cases to Improve Patient Safety

16:1 Indiana Health Law Review 21 (2018). Full text available here.

Book Chapters

The Autonomous AI Physician: Medical Ethics and Legal Liability

in Multidisciplinary Perspectives on Artificial Intelligence and the Law (Henrique Sousa Antunes & Arlindo Oliveira eds., Springer, 2023) (first author with Dominick S. Giovanniello), full text available here.

Blog Posts

German Telemedicine for an American Patient: The validity of venue selection and choice-of-law clauses in international telemedical contracts

Harvard International Law Journal Blog (August 30, 2019) (with Matthias Haag).

Full text available here.

Can Amazon, Chase, and Berkshire Help Medical Malpractice Victims?

The Health Care Blog (April 3, 3018), available here.

Presentations

Panel Discussions

Barmherzige Brüder Krankenhaus Graz & Project CLASSICA, Roundtable on “AI in Medicine”

Graz, Austria (May 2024)

Roundtable participant and discussion on Liability for AI in Medicine

Justice, Fundamental Rights and Artificial Intelligence (JuLIA) Project – “Artificial intelligence in healthcare and the protection of health as a fundamental right”

Trento, Italy (January 2024)

Presentation and discussion on AI liability in the health sector and the protection of health as a fundamental right

UCALL Conference – “Autonomy, Algorithms and Accountability”

Utrecht, Netherlands (November 2023)

Closing Panel Member

Digital Legal Talks, Panel Discussion – “What Constitutes Progress in Legal Tech?”

Utrecht, Netherlands (September 2023)

Panel Moderator

Penn State Dickinson Law, Roundtable Discussion – “Intersection of AI, Intellectual Property, and Healthcare”

Virtual (March 2023)

Presentation and discussion on Black-Box Medical AI: Liability Issues

New York University Law School, Panel Discussion – “Tele-Mental Health & Data Privacy”

New York, NY (March 2023)

Panel Moderator

German Chancellor Fellow Project Marketplace and Roundtable Discussion

Berlin, Germany (July 2017)

Interdisciplinary Group Presentation on Justice for some? Rights, Administration, and Legal Practices

Lectures

2024 Congress of European Association for Endoscopic Surgery (EAES) – “CLASSICA Course”

Maastricht, Netherlands (June 2024)

Presentation on AI in Surgery – liability issues

EUTOPIA Summer School – “Digital Health Technology: Law, Ethics & Regulatory Issues”

Brussels, Belgium (June 2024)

Lecture on Liability for AI in Medicine

Maastricht University Honors+ Lecture – “Law & Technology”

Maastricht, Netherlands (May 2024)

Lecture on Liability for AI Models in Healthcare

IRCAD France Webinar – “Project CLASSICA: Validating AI in classifying cancer in real-time surgery”

Strasbourg, France (March 2024), available here

Lecture on Legal and liability concerns when using AI decision support in the OR

Maastricht University Honors+ Lecture – “Health, Law, and Tech Liability”

Maastricht, Netherlands (March 2024)

Lecture and discussion on Health Law and Tech Liability

Symposia /Colloquia

HIGHTECH Agenda Bavaria, Speinshart Symposium – “Large Health Models: Building Transformers for Public Health”

Spienshart, Germany (March 2024)

Presentation and discussion on Liability for Black-Box Models in Healthcare

Institute of Patient Safety Research Colloquium

Bonn, Germany (April 2017) 

Presentation and discussion on Balancing Patients’ Safety and Patients’ Rights

Workshops

2024 Computers, Privacy & Data Protection (CPDP) – “To Govern or To Be Governed, That is the Question”

Brussels, Belgium (May 2024)

Workshop Organization: AI on Trial: A Cross-Examination of AI “Expertise”

Paper Presentations

Seton Hall Law School Health Law Works-in-Progress Retreat

Newark, NJ (January 2023)

Presentation and discussion of article, Malpractice by the Autonomous AI Physician

NYU Academic Careers Program Scholarship Clinic – Works in Progress

New York, NY (April 2022)

Presentation and discussion of article, Malpractice by the Autonomous AI Physician

University of Hasselt Young Legal Researchers Conference – “Moving forward: Building societal resilience through law”

Virtual (December 2021)

Presentation on Regulating the Autonomous AI Physician

Law and Society Annual Meeting – “Dignity”

Washington D.C. (May/June 2019)

Presentation on Patient-Centered Medical Malpractice Reform: The (Absent) Role of U.S. Health Insurers in the Aftermath of Medical Errors and a German Model for Change

McGill Law Graduate Conference – “Law: Reactive or Proactive?”

Montreal, Canada (May 2019)

Presentation on The Legal Reaction (or absence thereof) to Modern Error Prevention Science: A Duty to Manage Healthcare Risks in the U.S. and Germany

Rijeka Doctoral Conference

Rijeka, Croatia (December 2018)

Presentation on Using the German Model to Improve the Reliability of Medical Malpractice Litigation Outcomes in the United States 

Católica Graduate Legal Research Conference 2018 – “The Future of Health Law”

Lisbon, Portugal (October 2018)

Presentation and discussion of article, Are You My Doctor? Defining the physician-patient relationship in the age of e-health

International Academy of Comparative Law’s XXth International Congress – Younger Scholars’ Forum

Fukuoka, Japan (July 2018)

Presentation on Repurposing the Affirmative Defense of Comparative Fault in Medical Malpractice Cases in the United States to Improve Patient Safety

American Society of Comparative Law – Younger Comparativists Committee Global Conference

Case Western Reserve University, Cleveland, OH (April 2018)

Presentation and discussion of article, Filling Voice Promotion Gaps in Healthcare through a Comparative Analysis of Error Reporting and Learning Systems and Open Communication and Disclosure Policies in the United States and Germany

Press & Media

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Videos

Project CLASSICA Video: Felix Aigner and Mindy Nunez Duffourc explore the intersection of AI and law in the operating room, available here.

May 2023

Discussion on Liability for AI in Surgery

University of Passau Video – Mindy Nunez Duffourc, Humboldt Fellow from New Orleans, USA, available here.

March 2019

Podcasts

Digital Legal Lab Podcast – Project CLASSICA: Validating AI in classifying cancer in real-time surgery, available here.

January 2024

Discussion on Liability challenges for AI-driven technologies in surgery

Digital Legal Lab Podcast – Pervasive Computational Law w/ Dr. Aurelia Tamò-Larrieux & Dr. Clement Guitton, available here.

November 2023

Podcast Host

News

Burcerius Law School News – Meet Mindy Duffourc – "Researcher from NYU," available here.

June 2022

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