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Personal
Born October 5, 1940, Cortland, New York
Married, Two Children
Bar Membership
Michigan Bar
Legal Education
Wayne University School of Law, J.D., Class of 1966
Law Review, Junior Staff Member
Note and Comment Editor
Member, Editorial Board
Burton Scholarship
Graduate Professional Scholarship
Member, Free Legal Aid Clinic
Member, Omicron Delta Kappa, National Honorary Leadership Fraternity
Graduate Education
LL.M. New York University (1967) (Concentration in Jurisprudence and Criminal Law)
Pre-Legal Education
Wayne State University, Detroit Michigan, B.A., June 1963
Major: English Literature
Professional Positions
Professor of Law 1977 to present (Villanova)
Visiting Professor of Law Summer 1979 (Southwestern)
Visiting Professor of Law 1976 CLEO Summer Institute (Cincinnati)
Professor of Law 1974-1977 (DePaul)
Associate Professor of Law 1972-1974 (DePaul)
Assistant Professor of Law 1969-1972 (DePaul)
Research Associate, 1967-1969 (Duke)
Rule of Law Research Center
Courses Taught
Constitutional Law (28 years)
Torts I and II (29 years)
Administrative Law (3 years)
Conflicts of Law (6 years)
Federal Courts (2 years)
Privacy (23 years)
Criminal Law (1 year)
Antitrust (1 year)
Products Liability (1 year)
Jurisprudence (2 years)
Language Analysis and the Law (1 year) (Seminar)
First Amendment Freedoms (1 year) (Seminar)
Philosophical Issues in Constitutional Law (2 years) (Seminar)
Publications Books
Teacher's Manual for Privacy: Cases and Materials, Turkington & Allen, West Group Eagan, MN (August 2000)
Privacy: Cases and Materials, Turkington & Allen, West Group, Eagan, MN (1999).
Chapter, Confidentiality and Privilege in Psychiatry, co-authored with Robert Wettstein, M.D., Lippincott-Raven Publishers (Summer 1997).
Editor, Contributing Author, HIV: A Medical Legal Handbook, (1995) published jointly by the Pennsylvania Bar Association and the Pennsylvania Medical Society.
Privacy: Cases and Materials, Turkington, Trubow & Allen, John Marshall Publishing Company, Houston, TX (1992).
Contributing Author, AIDS, A Medical Legal-Handbook, (1991), published jointly by the Pennsylvania Bar Association and the Pennsylvania Medical Society.
Contributing Author, AIDS, Law and Society, Report of the Pennsylvania Bar Association Task Force on Acquired Immune Deficiency Syndrome - (Section on Confidentiality and AIDS) - Second Edition, 1989.
Contributing Author, AIDS, Law and Society, Report of the Pennsylvania Bar Association Task Force on Acquired Immune Deficiency Syndrome - (Section on Confidentiality and AIDS) - May 1988.
Cases and Materials on the Constitutional Process, 3d Ed. (1976) 2 Vols. 1200 pages, offset printing co-authored with Jeffrey M. Shaman, privately published. Currently out of print.
Publications Articles
"Medical Records Confidentiality Law, Scientific Research, and Data Collection in the Information Age," Journal of Law, Medicine & Ethics, 25 (1997); 113-129.
Introduction - "Safe Harbors and Stern Warnings: FCC Regulation of Indecent Broadcasting." Vol. III, Villanova Sports & Entertainment Law Journal, 1-14 (1996).
"Impact of Digital Technology on Personhood, Autonomy and Privacy Rights," 429, Vol. 5, Challenges to Law at the End of the 20th Century. International Association for Philosophy of Law and Social Philosophy. (1995)
Contributing Author, "The New Bio-Technology: Does Patient Protection Require a Legislative Response to Genetic Testing?," 65 Pa. Law Quarterly, 86-90 (Vol. 2 1994).
Contributing Author, "AIDS: Should Public Fear Dictate National Public Health Policy?" American Journal of Ethics & Medicine, Fall 1991.
Contributing Author, "Caveat: Cells for Sale. Did You Advise Your Patient or Client of His Commercial Rights?," Pennsylvania Bar Association Journal, Fall 1991.
"Legacy of the Warren and Brandeis Article: The Emerging Unencumbered Constitutional Rights to Informational Privacy," 10 North Ill. L. Rev. 479 (August 1990).
"Confidentiality Policy for HIV-Related Information: An Analytical Framework for Sorting Out Hard and Easy Cases," 34 Vill. L. Rev. 872-907 (1989).
"Constitutional Limitations on Tort Reform: Have the State Courts Placed Insurmountable Obstacles in the Path of Legislative Responses to the Perceived Liability Insurance Crisis?," 32 Vill. L. Rev. 1299-1347 (1987).
"Tort Reform: Will It Advance Justice in the Civil System?," 32 Vill. L. Rev. 1211-1318 (1987).
"Legal Protection for the Confidentiality of Health Care Information in Pennsylvania: Patient and Client Access; Testimonial Privileges; Damage Recovery for Unauthorized Extra- Legal Disclosure," 31 Vill. L. Rev. 398-529 (1987).
"Ruminations on Legal Education in the Next Decade," 10 Nova L. Rev. 647-670 (1986).
"The Role of Institutional Coercion to Full or Informed Consent to Medical Experiments in Prisons," 12 Bieheft Neue Folge, A.R.S.P. 192 (1979). RICHARD C. TURKINGTON Page Four
"Huffman v. Pursue: The Federal Court House Door Closes Further," 56 Boston Univ. L. Rev. 907 (1976) co-authored with Jeffrey M. Shaman.
"Equal Protection of the Law in Illinois," 25 DePaul L. Rev. 385-42 (1975).
"Foreseeability and Duty Issues in Illinois Torts: Constitutional Limitations to Defamation Suits Under Gertz," 24 DePaul L. Rev. 243-273 (1975).
"The Non-User Second Collision Plaintiff: Outer Limits of Defective Products Law; Loan Agreement and Equitable Apportionment; The Supreme Court Puts a New
Look on Third Party Rights," 23 DePaul L. Rev. 464-489 (1973).
"Toward a General Negligence Standard for the Owner/Occupier, The Non-User and a Defectively Designed Product; Equitable Apportionment: An Alternative to Active/Passive Indemnity," 22 DePaul L. Rev. 29-50 (1972).
"Introduction; Some Limitations on an Impact Analysis in Equal Protection Cases," 19 DePaul L. Rev. 443-456 (1970).
"Unconstitutionally Excessive Punishments: An Examination of the Eighth Amendment and the Weems Principle," 3 Crim. L. Bull., 145-146 (1967)
Note, "Constitutional Law - Compensation for Appointed Counsel in Federal Courts Under the Fifth Amendment," 11 Wayne State L. Rev. 537-545 (1965).
Monographs, Professional Publications
"The Law of Privacy in Pennsylvania: Implications of the Karen Quinlan Decision and a Review of the 1982 Uniform Determination of Death Act," (1983) CLE Materials, published by Villanova School of Law.
"The Law of Confidentiality in Pennsylvania: A Primer on the Scope of Legal duties and Legal Rights in Respect to the Disclosure or Publication of Confidential Information About Patients and Clients," (1982) CLE Materials, published by Villanova University School of Law.
Report, "Low Financed Minority Recruitment in Urban Law Schools: The DePaul Approach," co-authored with Professor Leigh H. Taylor (by DePaul University 1974).
Professional Activities Public Service
Chair, Section on Defamation and Privacy, Assn. of American Law Schools (AALS), (1995).
Chair, Pennsylvania Interdisciplinary Committee on Health Related Issues, 1994 to 1996. I drafted proposed legislation to protect the confidentiality and privacy of genetic tests and of information acquired from a genetic test.
Member, Pennsylvania Bar Association Task Force on AIDS, 1987 through 1993. As part of my activities with the AIDS Task Force, I helped draft state legislation that protects the confidentiality of HIV-related information. The legislation was enacted into law in 1991 and is called, "The Confidentiality of HIV-Related Information Act."
Member, Pennsylvania Bar Association Interdisciplinary Committee on Health Related Issues, 1993 to present.
Vice-Chair of the Interdisciplinary Committee, 1994-1995. Chair, Interdisciplinary Committee, 1995 to present.
Papers, Presentations
Speaker, "The Privacy Primer" at the Second Office of General Counsel University, Hershey, PA August 10, 2000
Speaker, testified before the Pennsylvania Senate Judiciary Committee on behalf of the Penna. Bar Association in support of Senate Bill 16, The Genetic Testing Confidentiality Act.
Moderator, presenter, prepared programs and materials on, "Current Developments in Medical Records Confidentiality Law After the Health Insurance Portability and Accountability Act (HIPAA)", Annual meeting of the Pennsylvania Bar Association Meeting, May 5, 1999
Moderator, presenter, for program entitled,"Confidentiality of Medical Records in Pennsylvania," sponsored by the LORMAN Education Services, Philadelphia, PA, April 29, 1999
Speaker, presenter of paper, "Medical Record Confidentiality and Data Collection in the Emerging Health Information Infrastructure," at The Frontier Science Technology Research Foundation, Inc., Longboat Key, Florida, April 22-26, 1997.
Speaker, presenter of paper, "Privacy and Autonomy in Cyberspace," at the Rochester Institute of Technology, April 18-19, 1996.
Speaker, presenter of paper, "The Impact of Digital Technology on Personhood, Autonomy, and Privacy Rights," at 17th IVR World Congress, Bologna, Italy, June 16-21, 1995.
Program Chair, "Privacy Issues in the Age of Digital Communications, "Association of American Law Schools (AALS), January 6, 1995, New Orleans, LA.
Moderator, participant, "Revealing That Your Client Has AIDS," program of the annual meeting of the Pennsylvania Bar Association, Williamsburg, VA, November, 1994.
Moderator, speaker, "Current Issues in Computers and Privacy," annual meeting of the American Society of Information Science, Alexandria, VA, October 19, 1994.
Program Coordinator, speaker, "The Right to Die," sponsored by the Pennsylvania Association of Home Health Agencies, September 21, 1994, Pittsburgh, PA.
Moderator, Speaker, "Liability for Nurse Educators," sponsored by the Pennsylvania Nurses Association October 19, 1993.
Speaker, Cambridge Institute, "Landmine Privacy Issues for the 1990s," (with special emphasis on e-mail, voice mail, and fax transmissions, April 1993).
Speaker, "Privacy in the Information Age: The Technological Assault," seminar sponsored by the Bill of Rights Committee of the Philadelphia Bar Association, October 3, 1992.
Speaker, "Implications of the AIDS Confidentiality of HIV-Related Information Act," seminar sponsored by Hahnemann Hospital, April 23, 1991, Philadelphia, PA.
Speaker, University of Pennsylvania School of Dental Medicine, :Legal Issues Involving AIDS and the Dentistry," April 18, 1991.
Speaker, presenter of paper, "Court and Family Choices for Permanently Incompetent Persons," presented at a conference on "The Family," held at Pace University, October 20-23, 1989.
Speaker, annual meeting of the Pennsylvania Bar Association, on Confidentiality and AIDS, May 1989.
Speaker, University of Florida Law School, "AIDS and the Law: Phase One, AIDS' Initial Impact on Public Policy and the Law," (part of University of Florida Visiting Scholarship Faculty Enrichment Program), February 16, 1989.
Speaker, The Lehigh Law Educational Institute, No. 13. A major speaker on Confidentiality and Child Abuse, March 25, 1986.
Speaker, Main Line Chapter of The American Jewish Congress, "Can There Be Privacy in the Computerized Society of the 1980s?," Spring 1984.
Speaker, Delaware Chapter ACLU, "Can There Be Privacy in a Computerized Society.?" Fall 1983.
Participant, Seminar on Computers in Health Care, February 2, 1982, Villanova University School of Nursing.
Participant , Sixth Plenary Conference of AMINTAPHIL, Consent, Concept, Capacity, Conditions, and Constraints. Amherst College, Spring 1978.
Participant, Center for Democratic Institutions, Seminar on the Gathering of Intelligence, Spring 1976.
Participant, Center for Democratic Institutions, Seminar on Diversity of the Press, Spring 1976.
Speaker, Black American Law Student Association Convention, University of Chicago, Summer 1974.
Professional Activities Membership in
Professional Associations
Chair, Section on Defamation and Privacy Law of the Association of American Law Schools
(AALS), 1994.
Member, Pennsylvania Bar Association Interdisciplinary Committee on Health Law Issues, 1992-present.
Member, Pennsylvania Bar Association Task Force on Acquired Immune Deficiency Syndrome, 1987 to 1990.
Chairman, Human Rights Committee, Norristown State Hospital (1980-1982).
Member, Human Rights Committee, Norristown State Hospital (1978-1979).
Briefs
Amicus Curiae, for the Pennsylvania Bar Association, In Re Application of the Milton S. Hershey Medical Center of the Pennsylvania State University, Appeal of John Doe, M.D., before the Pennsylvania Supreme Court, Nos. 70 & 71 M.D. Appeal, (1992).
Amicus Curiae, Ferri v. Bell, No. 79-2414, before the Third Circuit. Amicus brief noted with appreciation, Ferri v. Bell, 671 F.2d 770 (3rd Cir. 1982); Amicus brief noted, American College of Obstetricians v. Thornburgh, 699 F.2d 644 (3rd Cir. 1983).
Miscellaneous
Course Planner, Villanova School of Law, CLE, The Law of Privacy in Pennsylvania - Implications of the Karen Anne Quinlan Decision and a Review of the 1982 Uniform Determination of Death Act (Nov. 1983).
Course Planner, Villanova School of Law, CLE, The Law of Privacy: The Law of Confidentiality in Pennsylvania (Nov. 1982).
Participating author, Villanova School of Law Self Study, prepared for American Bar Association Inspection, Spring 1982.
Director, Second Summer Course for Minority Students, Summer
1981
Consultant, E.E.O. (Complaints Examiner and Hearing Officer for selective employment discrimination cases); 1980 to 1985.
Teacher of the Year, 1976-77, awarded by the DePaul Student Bar Association.
Award for outstanding contribution to Latino enrollment at DePaul College of Law, 1977, by the Latino Law Student Association.
Teacher, DePaul University sponsored College Program for Police; Subject: Police Responsibilities Under Federal Civil Rights Act, Spring 1972.
Course Coordination and Instructor, Torts Summer Court, 1970, 1971, 1972, 1973 (Supplementary admission device and preparatory course for Black and Latino students).
Participant, AALS Law Teaching Clinic, Summer 1969.
Speaker-Participant, Public Radio and Television - Representative Examples: (1) "Are Term Limits Necessary for an Accountable Congress.?" Panel member in the Constitution and Democracy series of town meetings, Station WHYY-FM, Philadelphia, PA.
(2) Appeared on Radio Times. Station WHYY-FM, Philadelphia, PA. One hour radio program discussing privacy issues arising from the pervasive practice of computerized records in the private and public sphere.
(3) "AIDS: Whose Rights Are to be Protected" - Produced by Rutgers University
(4) Three appearances on Law Journal, a one-hour television program focusing on legal issues, Station WFMZ, Allentown, PA
References
By Request
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