Indiana University

Photo of Robert A. Katz
Robert A. Katz
Professor of Law
John S. Grimes Fellow


Indiana University School of Law - Indianapolis
Lawrence W. Inlow Hall, Room 327
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 278-4791
Fax: (317) 278-3326
E-Mail: rokatz@iupui.edu
Education

A.B. (magna cum laude), 1987, Harvard College
J.D. (Honors), 1992, University of Chicago Law School

Courses

The law of nonprofit and tax-exempt organizations, the corporate and tax aspects of health care organizations, and trusts and estates.

Bio

Robert Katz joined the law school faculty in the fall of 2001. He holds a joint appointment with the law school and the Indiana University Center on Philanthropy at IUPUI, and is on the Affiliate Faculty of the Indiana University Center for Bioethics. Prior to his appointment, he served as a Bigelow Teaching Fellow and Lecturer in Law at the University of Chicago Law School. From 1993 to 1997, he was a trial attorney with the Civil Division, Federal Programs Branch of the U.S. Department of Justice in Washington, D.C. He also served as executive director of a charitable foundation in Massachusetts.

Professor Katz’s research interests include legal issues relating to nonprofit and tax-exempt organizations, charitable giving, healthcare organizations, and the recovery and processing of donated human tissue for use in transplantation. He received his bachelor’s degree from Harvard College and his Juris Doctor from the University of Chicago Law School, where he served as comment editor for the University of Chicago Law Review. He clerked for the Honorable Stephen G. Breyer, formerly Chief Judge of the U.S. Court of Appeals for the First Circuit.

Professor Katz was awarded a Grimes Fellowship in 2007, and was named a Dean's Fellow in recognition of scholarly excellence in 2005-2006.

Publications

Books and Chapters

“`PAGING DR. SHYLOCK...': Jewish Hospitals and the Prudent Re-investment of Jewish Philanthropy," a chapter in David Smith, ed., Giving: For the Love of God (Indiana University Press, Spring 2010).


Law Review and Journal Articles

The Re-Gift of Life: Can Charity Law Prevent For-Profit Firms from Exploiting Nonprofit Tissue Banks and Donated Tissue?, 55 DEPAUL L. REV. 943 (2006), published as part of the DePaul Law Review and Health Law Institute’s Symposium: “Precious Commodities - The Supply and Demand of Body Parts.”

Let Charitable Directors Direct: Why Trust Law Should Not Curb Board Discretion Over a Charitable Corporation's Mission and Unrestricted Assets, 80 CHI.-KENT L. REV. 689 (2005), published as part of the Chicago-Kent Law Review’s 2005 Symposium: “Who Guards The Guardians?: Monitoring And Enforcement Of Charity Governance.”

Too Much Of A Good Thing: When Charitable Gifts Augment Victim Compensation, 53 DEPAUL L. REV. 547 (2003)), published as part of the Depaul Law Review’s Ninth Annual Clifford Symposium On Tort Law And Social Policy: “After Disaster: The September 11th Compensation Fund and the Future of Civil Justice.”

A Pig in a Python: How the Charitable Response to September 11 Overwhelmed the Law of Disaster Relief, 36 IND. L. REV. 251 (2003), published as part of the John M. Olin Program in Law And Economics at Georgetown University Law Center’s 2002 Symposium: “The Law And Economics Of Providing Compensation For Harm Caused by Terrorism."

Can Principal-Agent Models Help Explain Charitable Gifts And Organizations? 2000 WIS. L. REV. 1.

Comment, The Jurisprudence Of Legitimacy: Applying The Constitution To U.S. Territories, 59 U. CHI. L. REV. 779 (1992).


Essays and Reports

The Legal Column: Do tissue banks have a First Amendment right not to tell potential donors about for-profit processors? LAHEY CLINIC MEDICAL ETHICS 4 (Fall 2006).

The Legal Column: Who should capture the value of donated tissue?, LAHEY CLINIC MEDICAL ETHICS JOURNAL 4 (Fall 2005). Republished in David Steinberg, ed., Biomedical Ethics: A Multidisciplinary Approach to Moral Issues in Medicine and Biology 306-308 (University Press of New England, 2007).


Book Reviews

Peter Frumkin, On Being Nonprofit: A Conceptual and Policy Primer, 15 VOLUNTAS: INTERNATIONAL JOURNAL OF VOLUNTARY AND NONPROFIT ORGANIZATIONS 208 (2004)


Other Publications

"The Re-Gift of Life: Who Should Capture the Value of Donated Human Tissue," THE HEALTH LAWYER 14(Vol. 18; No. 4: 2006)(publication of the ABA's Health Law Section).

“Donor Intent,” I PHILANTHROPY IN AMERICA: A COMPREHENSIVE HISTORICAL ENCYCLOPEDIA 120 (2004).

"Zipping It: Lawyers and Doctors Who Help the Poor Should Both Be Able to Speak Their Minds," LEGAL TIMES 75, 77 (May 21, 2001).


Electronic Publications/Products

"Current Developments: The Business in Human Tissue," Indiana University School of Law - Indianapolis, Hall Center for Law and Health E-newsletter(December 2008).

Robert Katz, "Continuing Their Mission, Jewish Hospitals Reinvest in Philanthropy", The Jewish Daily Forward online (June 18, 2008).


Work in Progress

"Freezing-out the Founders: Corporate Law and the Sale of Ben & Jerry’s" (with A. Page)

"The Economic Role of Social Enterprise: A Preliminary Inquiry" (with A. Page).


Presentations

"The Economic Role of Social Enterprise: A Preliminary Inquiry," Symposium on Legal Developments in Social Entrepreneurship, Vermont Law School, South Royalton, Vermont, February 19, 2010 (scheduled).

"The Economic Role of Social Enterprise: A Preliminary Inquiry," Workshop in Multidisciplinary Philanthropic Studies, Center on Philanthropy at Indiana University, Indianapolis, January 26, 2010.

Presenter, "Channeling Towards Charity: Presumed Consent to Organ Donation as a Case Study in Pro-Social Default Rules," 2009 Annual Conference of the Association for Research Nonprofit Organizations and Voluntary Action (ARNOVA), Cleveland, Ohio, November 19, 2009 (for panel on “Presumptions and Default Rules in Nonprofit and Philanthropy Law").

Presenter, “Notion Building: Giving Form to Social Enterprise,” Workshop in Political Theory and Policy Analysis, Indiana University, Bloomington, November 30, 2009.

“Right Now It’s Only a Notion: Giving Form to Social Enterprise”(with A. Page), Midwestern Law and Economics Association annual conference, Notre Dame Law School, South Bend, Indiana, October 10, 2009.

“You Make Me Sick: Repugnance and Efficiency in Human Tissue Transplantation,” Midwestern Law and Economics Association Annual Conference, Notre Dame Law School, South Bend, Indiana, October 9, 2009.

Presenter, "The Community Benefit Standard as an Exercise in Legal Reasoning, Community Benefits Symposium, Hall Center for Law and Health, Indiana University School of Law-Indianapolis, October 22, 2009.

"THE ARTIFICE OF THE DEAL, or When is Competition Among Tissue Banks for Referrals of Potential Donors Illegal, Unethical or Otherwise Problematic?" Presentation at plenary session of the 2008 Annual Meeting of the American Association of Tissue Banks, Chicago, Illinois, September 7, 2008.

"A Critique of the Charitable Trust as a Model for Genomic Biobanks." 2008 Health Law Professors Conference. American Society of Law, Medicine & Ethics. Drexel University College of Law, Philadelphia, PA. June 6-7, 2008 (for panel on "Cutting Edge Issues in Biomedical Research").

“`PAGING DR. SHYLOCK...':Jewish Hospitals and the Prudent Re-investment of Jewish Philanthropy." Indiana University School of Law - Indianapolis. April 1, 2008.

"The play’s the thing: Shakespeare at law school sparks conversation," Indiana Lawyer, March 5-18, 2008.

"`I Only Have Eyes for You': Exclusive Agreements for Referring Tissue Donors to a Tissue Bank." IUPUI Consortium for Health Policy, Law & Bioethics, Indianapolis, Indiana. March 28, 2008.

"When Tissue Banks Compete for Transplant Tissue, Who Wins?”, Midwestern Law and Economics Association, University of Minnesota, Minneapolis, Minnesota, October 12, 2007.

"Does Tax-Exempt Law Discriminate Against Religiously-Affiliated Hospitals - or Should Hospitals that Render More Unto God Render Less Unto Caesar?," 2007 Health Law Professors Conference. American Society of Law, Medicine & Ethics. Boston University School of Law, Boston, Massachusetts, June 2, 2007.

Panelist, “On a Collision Course?: Nonprofit Advocacy, Campaign Finance Reform, and the First Amendment.” for Symposium on “No Strings Attached?: The First Amendment and Tax-Exempt Organizations.” University of North Carolina School of Law, Chapel Hill, North Carolina, February 16, 2007.

"Does the First Amendment Protect Nonprofit Tissue Banks from the Mandatory Disclosure of Information to Potential Donors?" Workshop in Multidisciplinary Philanthropic Studies, Center on Philanthropy at Indiana University, Indianapolis, Indiana, February 20, 2007.

Panelist, “Roundtable on Teaching Nonprofit Law,” Section on Nonprofit Law and Philanthropy, Annual Meeting of the Association of American Law Schools, Washington, D.C., January 6, 2007.

"Gimme Some Skin: Defining and Enforcing the Tissue Donor’s Intent in the Absence of `Informed Consent'” Annual Conference. Association for Research Nonprofit Organizations and Voluntary Action (ARNOVA). Chicago, Illinois. November 17, 2006. (for panel on "Charitable Donors and the Legal Construction and Enforcement of Donor Intent").

In an interview with WTHR Channel 13, Professor Katz called for increased oversight of tissue recovery industry.

"Legal Basics of Grantmaking Foundations for New CEOs," Seminar for New CEOs of Foundations. Organized by The Center on Philanthropy at Indiana University and the Council on Foundations. Indianapolis, IN. September 27, 2006.

“Tissue Donation and the Mandatory Disclosure of For-profit Involvement in the Tissue Industry.” New Scholars Workshop. Annual Meeting of the Southeastern Association of Law Schools (SEALS), Palm Beach, FL. July 18, 2006.

“When For-Profit Firms Profit by Processing Donated Human Tissue: An Economic and Legal Analysis.” ARNOVA Annual Conference. Washington, D.C. November 19, 2005. (for panel on “Contracting, Services and Quality”)

“Legal Issues Facing the Nonprofit Sector.” Conference on Philanthropy and the Media. McCormick Tribune Foundation. Wheaton, IL. September 12-14, 2005. (for panel on “Tensions in the Nonprofit Sector”)

“The Tissue Transplantation Industry: A Nonprofit Law Analysis.” Annual Health Law Teachers Conference. American Society of Law, Medicine & Ethics. Houston, TX. June 3-4, 2005. (for panel on “The Sale and Trade of Human Organs and Tissues”).

“Change in Charitable Purpose in Commercial Nonprofit Enterprises.” ARNOVA Annual Conference. Los Angeles, CA. November 19, 2004. (for panel on “Legal Approaches to Nonprofit Accountability”)

“The Relationship Between Nonprofit and For-profit Firms in the Tissue Transplantation Industry: A Nonprofit Law Perspective.” Health Law Scholars Workshop. Saint Louis University School of Law. Saint Louis, MO. September 18, 2004.

“Sticker Shock: The Controversy Over Hospital Discounts, Collections, and Charity Care for the Uninsured.” Department of Values and Ethics, Clarian Hospital. Indianapolis, IN. May 20, 2004.


Other Activities

Member, Indiana Attorney General’s Nonprofit Advisory Committee. Fall 2005-present.

WTHR(NBC affiliate). Interviewed for "13 Investigates" report on "Experts call for oversight of tissue recovery industry," Indianapolis, IN. November 20, 2006.

American Bar Association Section Advisor to Drafting Committee to Revise the Uniform Anatomical Gift Act, organized by the National Conference of Commissioners on Uniform State Laws. Fall 2004 - Summer 2006.

Secretary, Section on Nonprofit Law and Philanthropy, Association of American Law Schools (AALs).

Visiting Scholar, National University of La Plata (UNLP), Buenos Aires, Argentina, Faculty of Law and Social Sciences. Summer (pursuant to a Fulbright Educational Partnership between UNLP and School of Law). Summer 2003.



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