Thomas Wm. Mayo

Thomas WM Mayo

Full-time faculty

Altshuler Distinguished Teaching Professor and Professor of Law

Phone: (214) 768-3767

Email: tmayo@mail.smu.edu

Website: https://sites.google.com/site/tommayo2/

Biography

Following graduation, Professor Mayo was an associate with the Rochester, New York, firm of Nixon, Hargrave, Devans & Doyle (now Nixon Peabody, LLP) after which he served as a law clerk to the U.S. Court of Appeals for the District of Columbia Circuit. He then practiced with the Washington, D.C., firm of Covington & Burling in the areas of antitrust, securities fraud, election law, and communications. In addition to his position at SMU, Professor Mayo is an Adjunct Professor of Internal Medicine at the University of Texas Southwestern Medical School and is a past Director of SMU’s Cary M. Maguire Center for Ethics and Public Responsibility (2005-10). He is a co-founder of the Legal Hospice of Texas, the state's first pro bono legal clinic for persons with HIV/AIDS and terminal illnesses. He is a founding Fellow and past board member of the American Health Lawyers Association, a Fellow in the Dallas Institute for Humanities and Culture, a long-time member of the Council of the Health Law Section of the State Bar of Texas, and a recipient of the Dallas Medical Society’s Heath Award for his contributions to medicine and leadership in Dallas County. He was elected to membership in the American Law Institute in 2012 and was the poetry columnist for the Dallas Morning News from 1998-2008.

Professor Mayo has previously taught Administrative Law, Business Torts, Civil Procedure, Comparative & International Health Law, Constitutional Law I, Constitutional Law II, Family Law, Federal Courts, Land Use, Legislation, and Nonprofit Organizations and currently teaches Law & Medicine: Bioethics; Law & Medicine: Health Care; Law, Literature & Medicine; Legislation & Regulation, and Torts. He has received the law school's outstanding teacher award three times, as well as the University's outstanding volunteer award for for community service, President's Associate award as the outstanding member of the tenured faculty, and the University's Altshuler Distinguished Teaching Award. He has given nearly 300 public lectures on health-law-related subjects and been quoted in over 1,000 media stories around the world.

Areas of Expertise

  • Bioethics
  • Election Law
  • Health Law
  • Non-profit Organizations

Education

B.A., Amherst College
J.D., Syracuse University College of Law

Courses

Law and Medicine: Health Care
Torts
Law and Medicine: Bioethics
Public Health Law and Ethics
Law, Literature and Medicine
Nonprofit Organizations
Legislation & Regulation
 

Books

TELEMEDICINE: SURVEY AND ANALYSIS OF FEDERAL AND STATE LAWS (AHLA, March 2007) (co-authored)

Articles

Brain Dead and Pregnant in Texas, 14 American Journal of Bioethics 15 (2014)
Full-text:  SSRN | SMU Repository

Tax-Exempt Hospitals: Renewed Focus on Indigent Care, 4 Journal of Health & Life Sciences Law 140 (2010)
Full-text:  SSRN | SMU Repository

The Baby Doe Rules and Texas's 'Futility Law' in the NICU
, 25 Georgia State University Law Review 1003-17 (2009)
Full-text:  SSRN | SMU Repository

Three Ways of Looking at a Health Law and Literature Class
, 1 Drexel Law Review 512 (2009)
Full-text:  SSRN | SMU Repository

Living and Dying in a Post-Schiavo World, 38 Journal of  Health Law 587 (2006)
Full-text:  SSRN | SMU Repository

Sex, Marriage, and Law:  What Hope of Harmony?, 42 Washburn Law Journal 269 (2003)
Full-text:  SSRN | SMU Repository

The First Fifty Years:  Health Law's Greatest Hits, 50 Syracuse Law Review 1261 (2000)
Full-text:  SSRN | SMU Repository

 

Book Chapters

Law, Ethics and Clinical Judgement, in RUDOLPH'S PEDIATRICS, 23rd ed. (Mark W. Kline et al eds., McGraw-Hill Education 2018)
Full-text:  SSRN | SMU Repository

Bioethics, in FUNDAMENTALS OF HEALTH LAW (AHLA, 7th ed., 2018)
Full-text:  SSRN | SMU Repository

Twyla Tharp Goes to Law School:  On the Use of the Visual and Performing Arts in Professional Education
, in  BEYOND TEXT IN LEGAL EDUCATION -- VOL. II:  THE MORAL IMAGINATION AND THE LEGAL LIFE (Ashgate Press, 2012)
Full-text:  SSRN | SMU Repository

Futility:  My Life, in THE PICTURE OF HEALTH:  MEDICAL ETHICS AND THE MOVIES (H. Colt, S. Quadrelli & L. Friedman, eds.) (Oxford Univ. Press 2011)
Full-text:  SSRN | SMU Repository

Bioethics, in HEALTH LAW PRACTICE GUIDE (Gosfield et al., eds., 3d ed. 2011)
Full-text:  SSRN | SMU Repository

Bioethics, in  FUNDAMENTALS OF HEALTH LAW (5th ed., 2011)
Full-text:  SSRN | SMU Repository

Bioethics, in HEALTH LAW PRACTICE GUIDE (Gosfield et al., eds., 2d ed. 2009)
Full-text:  SSRN | SMU Repository

Bioethics, in FUNDAMENTALS OF HEALTH LAW 411-430 (4th ed. 2008)
Full-text:  SSRN | SMU Repository

Living Greatly in the Law:  Three Lessons, in  LAW, CULTURE AND ECONOMIC DEVLOPMMENT:  A LIBER AMICORUM FOR PROFESSOR ROBERTO MacLEAN, CBE, STUDIES SERIES IN INTERNATIONAL FINANCIAL ECONOMIC, AND TECHNOLOGY LAW (Vol 8 2007: Successor to the Yearbook of International Financial and Economic Law)
Full-text:  SSRN | SMU Repository

Ethical Aspects of Neurosurgical Practice, in TEXTBOOK OF NEUROLOGICAL SURGERY, Batjer & Loftus, eds. (Lippincott Williams & Wilkins, 2002) (with Howard Morgan, M.D.)
Full-text:  SSRN | SMU Repository

Bioethics, in FUNDAMENTALS OF HEALTH LAW (3d ed., 2004)
Full-text:  SSRN | SMU Repository

Bioethics, in FUNDAMENTALS OF HEALTH LAW (2d ed., 2000)
Full-text:  SSRN | SMU Repository

Determination of Death:  Legal and Ethical Issues, in ESSENTIALS OF PEDIATRIC INTENSIVE CARE (Levin & Morriss, 2d ed., 1997)
Full-text:  SSRN | SMU Repository

Withholding and Withdrawing Life-Sustaining Treatment:  Legal Issues, in ESSENTIALS OF PEDIATRIC INTENSIVE CARE (Levin & Morriss, 2d ed., 1997)
Full-text:  SSRN | SMU Repository

Section Editor, SECTION 15, Ethical and Legal Issues, in ESSENTIALS OF PEDIATRIC INTENSIVE CARE (Levin & Morriss, 2d ed., 1997) (8 chapters)
Full-text:  SSRN | SMU Repository

Fifth Circuit, in SANCTIONS UNDER RULE 11 AND OTHER POWERS (ABA 2d ed. 1988) (covering period from 1985-1987)
Full-text:  SSRN | SMU Repository

Fifth Circuit, in SANCTIONS UNDER RULE 11 AND OTHER POWERS (ABA 1986) (covering period from 1983-1985)
Full-text:  SSRN | SMU Repository

 

Other Publications

Health Care Law, Survey of Texas Law, 63 SMU Law Review 607 (2010) (coauthored)
Full-text:  SSRN | SMU Repository

Health Care Law, Survey of Texas Law, 62 SMU Law Review 1245-66 (2009) (co-authored)
Full-text:  SSRN | SMU Repository

Active Surveillance Cultures and Contact Precautions for Control of Multidrug-Resistent Organisms:  Ethical Considerations
, 47 Journal of Clinical Infectious Diseases 110-16 (2008) (coauthored)
Full-text:  SSRN | SMU Repository

Managing and Reporting Community Incidents:  Ethical Considerations, 25 Pediatric Infectious Disease Journal 937 (Oct. 2006)
Full-text:  SSRN | SMU Repository

Getting Political with Science, 13 SMU Research 21 (2006)
Full-text:  SSRN | SMU Repository

Medical Futility in the NICU:  Hope for a Resolution
, 116 Pediatrics 1219 (2005) (with Robert L. Fine et al.)
Full-text:  SSRN | SMU Repository

Health Insurance and Cardiac Transplantation:  A Call for Reform
, 45 Journal of American College of Cardiology 1388 (2005) (with Louise P. King et al.)
Full-text:  SSRN | SMU Repository

U.S. Supreme Court to Decide Whether HMOs Can Be Sued for Negligent Treatment Decisions
, 8 Mealey’s Managed Care Liability Report 26-29 (March 2004)
Full-text:  SSRN | SMU Repository

Commentary, Changing Professional Values, 22 Pediatric Infectious Diseases Journal 1096-1098 (Dec. 2003)
Full-text:  SSRN | SMU Repository

Health Care Law, Survey of Texas Law
, 56 SMU Law Review 1767-1782 (2003)
Full-text:  SSRN | SMU Repository

Resolution of Futility by Due Process:  Early Experience with the Texas Advance Directives Act, ACT, 138 Annals of Internal Medicine 743-746 (May 2003) (with Robert Fine, M.D.)
Full-text:  SSRN | SMU Repository

U.S. Supreme Court to Review Kentucky's "Any Willing Provider Law," Mealey’s Managed Care Report (2002)
Full-text:  SSRN | SMU Repository

"Health Law," Survey of Texas Law, 55 SMU Law Review 1113 (2002)
Full-text:  SSRN | SMU Repository

"Health Law," Survey of Texas Law
, 53 SMU Law Review 1101 (2000)
Full-text:  SSRN | SMU Repository

Symposium on Statutory Interpretation:  Forward, 53 SMU Law Review (2000)
Full-text:  SSRN | SMU Repository

Qui Tam on the Lam:  Fifth Circuit Fire the First Salvo - Will the Supreme Court Be Next?
, Matthew Bender Health Care Law Monthly (Dec. 1999)
Full-text:  SSRN | SMU Repository 

Life-and-Death Decisions, 75 Texas Medicine 64 (Nov. 1999) (with Robert Fine, M.D.)
Full-text:  SSRN | SMU Repository

“Health Law," Survey of Texas Law, 52 SMU Law Review 1259 (1999)
Full-text:  SSRN | SMU Repository

Texas' New Physician Collection Bargaining Statute - Helping to Fatten Physicians' Wallets and Make Patients' Leaner
, Matthew Bender Health Care Law Monthly 3 (Sept. 1999)
Full-text:  SSRN | SMU Repository

Treatment Alternatives for the Dying Patient:  Medical Ethics and the Law
, 11 Baylor University Medical Center Proceedings 175 (1998) (with Robert Fine, M.D.)
Full-text:  SSRN | SMU Repository

“Health Law,” Survey of Texas Law
, 50 SMU Law Review 1275 (with Max Maxwell, 1997)
Full-text:  SSRN | SMU Repository

 

Presentations

Medical Futility in Texas: Myths and Misconceptions
Ethics Grand Rounds
UT-Southwestern Medical Center
Dallas, TX (April 8, 2014)

Medical Futility: Back to the Future? Or Déjà vu All Over Again?
Annual Bioethics Grand Rounds
Ochsner Health System
New Orleans,LA (November 26, 2013)

Donation after Circulatory Death: A Lesson in How Not to Make Medico-Legal Policy
Inaugural Stuart Reuter Lecture
Annual Meeting, American College of Legal Medicine
Dallas, TX (February 28, 2014)

Practical and Ethical Aspects of DCD
Kidney Transplant and Dialysis Update 2013
UT-Southwestern Medical Center
Dallas, TX (September 13, 2013)

Medical Futility in Texas: It Ain't All That It's Cracked Up To Be (And That Might Be a Good Thing)
Pedi-Hope 2013
Texas Pediatric Palliative Care Consortium
Austin, TX (August 9, 2013)

Health Care in [the Supreme] Court: The Patient Protections and Affordable Care Act on Trial UT-Southwestern Medical School
Dallas, TX (November 15, 2011)

The Trustee's Challenge: Mission, Money and Medicine
Annual Meeting, Texas Healthcare Trustees
Fort Worth, TX (July 29, 2011)

End-of-life Decisions: What Patients and Families Need to Know
43rd Annual Haltalin Seminar
Children's Medical Center
Dallas, TX (April 29, 2011)

Is There a Duty to Die in Texas?
University of Texas at Dallas
Dallas, TX (March 29, 2011)

Advance Directives: Crossing the T's, Dotting the I's, and Minding your P's & Q's
The Senior Source
Dallas, TX (January 5, 2011)

Professionalism & Poetry
Intersections: Literature + Medicine
Texas Health Presbyterian Hospital & SMU
Dallas, TX (October 15, 2010)

Is Brain Death Dead?
Annual Meeting, Texas Association of Neurological Surgeons
San Antonio, TX (March 6, 2010)

Is There a Duty to Die in Texas?
Dr. Kenneth Street Law Symposium
Austin College
Sherman, TX (February 23, 2010)

Physician Misconduct: Ethical and Legal Considerations
Ethics Grand Rounds
UT-Southwestern Medical School
Dallas, TX (February 9, 2010)

National Health Insurance: Prospects & Pressure Points
UT-Southwestern Medical Center
Dallas, TX (July 28, 2009)

Twyla Tharp Goes to Law School: Incorporating Dance (and Painting and Sculpture) in a Course on Professionalism
Beyond Text
University of Edinburgh School of Law
Edinburgh, Scotland (June 21, 2009)

Death & Dying: Ethics & Law
Leadership Dallas
Dallas Chamber of Commerce
Dallas, TX (March 6, 2009)

Futile Care Debate and Baby Doe: Resolving difficult cases when further treatment may be considered futile
Georgia State Law Review Symposium
“The 25th Anniversary of the Baby Doe Rules: Perspectives from the Fields of Law, Health Care, Ethics, and Disability Policy,”
Atlanta, GA (February 13, 2009)

Ethical and Legal Aspects of End-of-Life Decision-making
American Health Lawyers Association
Annual Hospitals and Health Systems Program
Phoenix, AZ (February 10, 2009)

Teaching Health Law Through Literature
Panelist
American Society for Law, Medicine & Ethics’ 31st Annual Health Law Professors Conference
Philadelphia, PA (June 6, 2008)

The Future of Medical Futility in Texas After the Schiavo Case
Grand Rounds
Department of Pediatrics
Children’s Medical Center
Dallas, TX (May 14, 2008)

The Texas Advance Directive Act: A Futile Law?
Annual Meeting, Pediatric Academic Societies
Honolulu, HI (May 5, 2008)

Introduction to End-of-Life Decision-making for Elder Law Attorneys
Advanced Elder Law Course
State Bar of Texas
(March 6, 2008)

Ethical and Legal Aspects of Uncompensated Care
2008 Spring Orientation and Workshop: Money, Mission, & Medicine
Texas Healthcare Trustees
Dallas, TX (February 29, 2008)

The End-of-Life: Ethical Issues for Surgeons
Annual Meeting,
North Texas Chapter, American College of Surgeons
Dallas, TX (February 23, 2008)

Legal and Ethical Aspects of End-of-Life Decision-making for Children with Neuromuscular Disease
30th Annual Carrell-Krusen Neuromuscular Symposium
Dallas, TX (February 20, 2008)

Notifying the Patient and Their Family of Medical Error
Denton Regional Medical Center
Denton, TX (February 8, 2008)

The Future of Medical Futility in Texas After the Schiavo Case
Pediatric Hematology-Oncology Grand Rounds
Children’s Medical Center of Dallas
Dallas, TX (January 29, 2008)

An Introduction to End-of-Life Decisions for Probate and Estate Lawyers
Dallas Bar Association
Probate, Estate, and Trust Section
Dallas, TX (January 22, 2008)

The Future of End-of-Life Decision-making in Texas
Department of Urology Grand Rounds
UT-Southwestern Medical School
Dallas, TX (January 11, 2008)

The Texas Advance Directives Act: Legal and Ethical Update
2nd Annual End of Life Care Conference
Legal Hospice of Texas
Plano, TX (September 28, 2007)

End-of-Life Decision-making in Texas after the Schiavo Case
CSI Dallas: Social Workers in Health Care/Annual Social Work Conference
Presbyterian Hospital
Dallas, TX (September 21, 2007)

Medical Futility and Texas Law
Medical Ethics and Humanities Seminar
Department of Neurology
UT-Southwestern Medical School
Dallas, TX (June 26, 2007)

Legislative and Case Law Update on Futility and Advanced Directives Law
Annual Meeting, State Bar of Texas
San Antonio, TX (June 22, 2007)

Town Hall Meeting: Is Uncontrolled DCD An Untapped Resource for Those Waiting on the List?
Panelist
Annual Meeting, Association of Organ Procurement Organizations
Dallas, TX (June 15, 2007)

Neonatal Bioethics
Grand Rounds
Neonatal Intensive Care Department
Parkland Memorial Hospital
Dallas, TX (June 14, 2007)

Medical Futility at End of Life
Dallas Internists’ Club
UT-Southwestern Medical Center
Dallas, TX (May 3, 2007)

Treating Eating Disorders: The Ethical and Legal Thicket
8th Annual Professional Symposium for the Prevention and Treatment of Eating Disorders
The Elisa Project
Dallas, TX (April 20, 2007)

Religion, Conscience, and Controversial Clinical Practices
Ethics Discussion Forum
Children's Medical Center of Dallas
Dallas, TX  (April 4, 2007)

Legal and Ethical Aspects of Advance Directives
Medical Humanities Consultation
Department of Medical Humanities
Texas A&M Medical School
Salado, TX (March 19, 2007)

Medical Privacy: DOA?
The Institute for the Humanities at Salado
Salado, TX (March 18, 2007)

Mission, Money, and Medicine
Leadership Dallas healthcare program
Dallas, TX (March 2, 2007)

Medical Futility at End of Life
Hermann Memorial Hospital
Beaumont, TX (February 1, 2007)

Ethics of Clinical Decision Making Under Extreme Conditions: Lessons from Hurricane Katrina
Children’s Medical Center Dallas
Dallas, TX (January 4, 2007)
(with Robert Bash, M.D.)

'Doing What . . . And for Whom?,' Navigating End-of-Life Decision-Making
Parkland Nursing Leadership Academy
Dallas, TX (December 11, 2006)
(with John Sadler, M.D., and Katherine Delaney, M.D.)

Litigating Disputes Over Medical Treatment of Minors
Council of Appellate Staff Attorneys Seminar
Dallas, TX (November 11, 2006)

Medical Futility
Parkland Memorial Hospital Leadership Breakfast
Dallas, TX (November 9, 2006)
(with John Sadler, M.D.)

Anatomy of an Ethics Consult
Ethics Discussion Forum
Children’s Medical Center of Dallas
Dallas, TX (November 2, 2006)

End-of-Life Decision-making After the Schiavo Case
Annual Meeting, Texas Society for Social Work Leaders in Health Care
Dallas, TX (October 27, 2006)

Public Policy and Research in Science and Medicine
Lecture in Regulatory and Public Policy Considerations in Research (BSCI 520304)
UT-Southwestern Medical Center at Dallas
Dallas, TX (August 8, 2006)

The Trustee's Challenge: Mission, Money, and Medicine
Texas Healthcare Trustees
San Antonio, TX (August 5, 2006)

Responding to a pandemic: ethical and public health challenges
Panel discussion
UT-Southwestern Medical School
Seventh Annual Critical Care Conference
Dallas, TX (May 4, 2006)

End-of-Life Decision Making
Baylor University Medical Center
Great American Health Care Challenge
Dallas, TX (April 29, 2006)

Darwin, Intelligent Design, and Mr. Jefferson's Wall
Dallas Institute of Humanities and Culture, "The Meaning & Value of Life: Evolutionary Biology and Intelligent Design,"
Dallas, TX (March 22 & 29 and April 5, 2006)

The Ethics of Espionage
Prestonwood Rotary Club
Dallas, TX (March 30, 2006)

Intro to Health Law and Medical Ethics
Panel discussion
Health Journalism 2006: National Conference of the Association of Health Care Journalists
Houston, TX (March 17, 2006)
(with William Winslade, Ph.D.) 

Privacy, the Constitution, and Your Health
Panelist
Planned Parenthood of North Texas
Fort Worth, TX (February 27, 2006)

DNR, Futility, and the Future after Schiavo
National Teleconference
Defense Research Institute
(January 31, 2006)

Doing What . . . and for Whom? Navigating End-of-Life Decision-making
Ethics Grand Rounds
UT-Southwestern Medical School
Dallas, TX (January 10, 2006)
(with Kathleen Delaney, M.D., and John Sadler, M.D.) 

Medicine, Literature & Ethics
Ethics Discussion Forum
Children’s Medical Center of Dallas
Dallas, TX (January 4, 2006)

Media

Interview
KERA-FM, “Think” program
Dallas, TX (February 6, 2007)