Mason Marks, M.D., J.D.

Assistant Professor of Law

Dr. Mason Marks is an Assistant Professor at Gonzaga University School of Law. He is the Edmond J. Safra/Petrie-Flom Center Joint Fellow-in-Residence at Harvard University and an Affiliated Fellow at the Information Society Project at Yale Law School....

Mason Marks

Contact Information

Education & Curriculum Vitae

J.D. Vanderbilt Law School

M.D. Tufts University School of Medicine

B.A. Amherst College

Courses Taught

Health Law

Constitutional Law I

Drug Law and Policy

Law and Artificial Intelligence


Dr. Mason Marks is an Assistant Professor at Gonzaga University School of Law. He is the Edmond J. Safra/Petrie-Flom Center Joint Fellow-in-Residence at Harvard University and an Affiliated Fellow at the Information Society Project at Yale Law School.

At Gonzaga, Professor Marks teaches Health Law, Constitutional Law, Drug Law and Policy, and Law and Artificial Intelligence. His research focuses on the intersections of health law, technology, data protection, and FDA regulation. He has presented his work at schools of law and medicine including Harvard, Yale, Oxford, Stanford, the University of Washington, and the University of California, San Francisco. His academic scholarship has been published or is forthcoming in the Yale Journal of Law and Technology, the U.C. Irvine Law Review, the Administrative Law Review, and the NYU Journal of Legislation and Public Policy.

Professor Marks has written essays on law and technology for the Washington Post, the Los Angeles Times, the Guardian, Slate, Wired, Vice News, the Hill, the Seattle Times, and the Houston Chronicle. He is a regular contributor to Harvard Law School’s Bill of Health and Stanford Law School’s RegTrax Initiative on blockchain regulation. His research has been featured by the New York Times, NPR’s All Things Considered, Radio Boston, and German Public Radio.

Professor Marks received his B.A. in biology from Amherst College, his M.D. from Tufts University School of Medicine, and his J.D. from Vanderbilt Law School. After law school, he practiced intellectual property law in San Francisco where he advised clients on securing and defending patent rights. After transitioning into academia, he worked as a research scholar at NYU Law School’s Information Law Institute and a visiting fellow at Yale Law School’s Information Society Project.

Academic Publications: 

Emergent Medical Data: Health Information Inferred by Artificial Intelligence, U.C. IRVINE LAW REVIEW (forthcoming, 2021).

Controlled Substance Regulation for the COVID-19 Mental Health Crisis, ADMINISTRATIVE LAW REVIEW (forthcoming, 2020).

Artificial Intelligence Based Suicide Prediction
, 18 YALE JOURNAL OF LAW & TECHNOLOGY 98 (2020).

Algorithmic Disability Discrimination, in DISABILITY, HEALTH, LAW, AND BIOETHICS (Cambridge University Press, 2020)

Psychedelic Medicine for Mental Illness and Substance Use Disorders: Overcoming Social and Legal Obstacles, 21 N.Y.U. JOURNAL OF LEGISLATION & PUBLIC POLICY 69 (2018).

Op-eds:

Amid COVID-19, the Americans with Disabilities Act Turns 30. It Needs to be Updated, Los Angeles Times (July 25, 2020).

Websites Need to Become 'Places of Public Accommodation' Under the Americans with Disabilities Act, The Hill (June 8, 2020).

A Right to Digital Self-Defense Will Help Prevent Abuse of COVID-19 Surveillance Apps (with Ido Kilovaty), The Hill (April 19, 2020).

You Shouldn’t Have to Give Google Your Data to Access a COVID-19 Test, Slate (March 17, 2020).

The Right Questions to Ask About Google’s Project Nightingale, Slate (November 20, 2019).

Tech companies’ dangerous practice: using AI to mine hidden health data, STAT First Opinion (September 17, 2019).

DEA’s Restrictive Cannabis Proposal Will Hinder Research and Favor Corporate Interests
, Seattle Times (September 13, 2019).

At Cannabis Shops, Face Recognition is Already a Thing, Motherboard (August 2, 2019).

Online Content Moderation as Public Health Regulation,
Harvard Law School Bill of Health (June 22, 2019).

Censoring Self-Harm on Facebook Might Do More Harm Than Good, Motherboard (March 1, 2019).

Facebook is predicting if you’ll kill yourself. That’s wrong, Guardian (January 30, 2019).

Suicide prediction technology is revolutionary. It badly needs oversight, Washington Post (December 20, 2018).

Artificial Intelligence for Suicide Prediction, Balkinization (October 30, 2018).

DNA Donors Must Demand Stronger Protection for Genetic Privacy (with Tiffany Li), STAT First Opinion (May 2018).

FDA Uses Novel Computer Simulation to Guide Kratom Policy, Harvard Law School Bill of Health (February 2018).

The Opioid Crisis Requires Evidence-Based Solutions, Parts I, II, and III, Harvard Law School Bill of Health (December 2017).

Emergent Medical Data, Harvard Law School Bill of Health (October 2017).

Patents Play a Growing Role in the US Cannabis Industry, published as "Want Your Marijuana Startup to Succeed? Study Patent Law," WIRED (November 2016).