Health Law as Private Law
portes grátis
Health Law as Private Law
Pathology or Pathway
Epstein, Wendy Netter; Cohen, I. Glenn; Shachar, Carmel; Robertson, Christopher; Baruch, Susannah
Cambridge University Press
03/2025
320
Mole
9781009480499
Pré-lançamento - envio 15 a 20 dias após a sua edição
Descrição não disponível.
Introduction Susannah Baruch, I. Glenn Cohen, Wendy Netter Epstein, Christopher Robertson, and Carmel Shachar; Part I. What is Private Law? Theory and Structure: 1. Public funds, public functions, private actors: the cognitive dissonance of US health law William Sage; 2. Private ordering is ubiquitous in health care, but why? Barbara J. Evans; 3. Abandoning fiduciaries in health care Lauren R. Roth; 4. European distinctions between private and public law in health care and the emerging influence of private lobbies Barry Solaiman; Part II. Tools of Private Law: Torts, Contracts, and Property as Vehicles of Health Policy: Introduction Wendy Netter Epstein; 5. Data transparency, ERISA preemption, and freedom of contract Craig Konnoth; 6. States as contractor: attempts to drive health care cost containment through state purchasing power Christine H. Monahan, Maanasa Kona and Madeline O'Brien; 7. Adaptation of tort law to modern health care delivery in the restatement of medical malpractice Mark A. Hall; 8. Pandemic harms and private law's limits: a proposal for tort replacement Jill R. Horwitz, Alberto De Diego Carreras and Daniel B. Rodriguez; 9. The human body commons: a private law contribution for the advancement of the right to health Enrique Santamaria Echeverria; Part III .Russian Dolls, Reproduction, and Private Law: Introduction I. Glenn Cohen; 10. Employer-sponsored abortion coverage: private law's role in reproductive freedom Valarie K. Blake and Elizabeth Y. McCuskey; 11 Reproductive innovation and reproductive exceptionalism: how private health insurance coverage of fertility treatment compliments hostile governmental action and expands access to assisted reproduction in the United States Myrisha Lewis; 12. Business Responses to Dobbs: the return to a 'reproductive rights' approach, and suspicions around corporate care Asees Bhasin; 13. Privatizing the creation of equity in women's health Thomas Williams; Part IV. Controlling Costs: Private Law's Impact on Health Care Financing and Pricing: Introduction Christopher Robertson; 14. Federalism, private law, and medical debt Erin C. Fuse Brown; 15. Paying for health care and private law's internal point of view James Toomey; 16. Health law's sheathed sword: why hasn't civil litigation dented health care costs? Jackson Williams; 17. The canary in the coal mine: private antitrust law and new dynamics in health care markets Jaime S. King 18. Health care finance law's relational bias Jessica Mantel; Part V. Private Law Applied: The Pharmaceutical Industry, Nursing Homes, and the End of Life: Introduction Carmel Shachar; 19. Private equity firms and digital clinical trials: tensions between efficiency and drug evidence access Ximena Benavides; 20. Shareholder resolutions and access to medications Rebecca E. Wolitz; 21. The hollowed-out American nursing home: using private law to police poor quality care and expand owner responsibilities Barry Furrow; 22. Health Care organization policies about the California end of life option act: the paper victory of the medical aid in dying movement Megan Wright and Cindy L. Cain.
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Introduction Susannah Baruch, I. Glenn Cohen, Wendy Netter Epstein, Christopher Robertson, and Carmel Shachar; Part I. What is Private Law? Theory and Structure: 1. Public funds, public functions, private actors: the cognitive dissonance of US health law William Sage; 2. Private ordering is ubiquitous in health care, but why? Barbara J. Evans; 3. Abandoning fiduciaries in health care Lauren R. Roth; 4. European distinctions between private and public law in health care and the emerging influence of private lobbies Barry Solaiman; Part II. Tools of Private Law: Torts, Contracts, and Property as Vehicles of Health Policy: Introduction Wendy Netter Epstein; 5. Data transparency, ERISA preemption, and freedom of contract Craig Konnoth; 6. States as contractor: attempts to drive health care cost containment through state purchasing power Christine H. Monahan, Maanasa Kona and Madeline O'Brien; 7. Adaptation of tort law to modern health care delivery in the restatement of medical malpractice Mark A. Hall; 8. Pandemic harms and private law's limits: a proposal for tort replacement Jill R. Horwitz, Alberto De Diego Carreras and Daniel B. Rodriguez; 9. The human body commons: a private law contribution for the advancement of the right to health Enrique Santamaria Echeverria; Part III .Russian Dolls, Reproduction, and Private Law: Introduction I. Glenn Cohen; 10. Employer-sponsored abortion coverage: private law's role in reproductive freedom Valarie K. Blake and Elizabeth Y. McCuskey; 11 Reproductive innovation and reproductive exceptionalism: how private health insurance coverage of fertility treatment compliments hostile governmental action and expands access to assisted reproduction in the United States Myrisha Lewis; 12. Business Responses to Dobbs: the return to a 'reproductive rights' approach, and suspicions around corporate care Asees Bhasin; 13. Privatizing the creation of equity in women's health Thomas Williams; Part IV. Controlling Costs: Private Law's Impact on Health Care Financing and Pricing: Introduction Christopher Robertson; 14. Federalism, private law, and medical debt Erin C. Fuse Brown; 15. Paying for health care and private law's internal point of view James Toomey; 16. Health law's sheathed sword: why hasn't civil litigation dented health care costs? Jackson Williams; 17. The canary in the coal mine: private antitrust law and new dynamics in health care markets Jaime S. King 18. Health care finance law's relational bias Jessica Mantel; Part V. Private Law Applied: The Pharmaceutical Industry, Nursing Homes, and the End of Life: Introduction Carmel Shachar; 19. Private equity firms and digital clinical trials: tensions between efficiency and drug evidence access Ximena Benavides; 20. Shareholder resolutions and access to medications Rebecca E. Wolitz; 21. The hollowed-out American nursing home: using private law to police poor quality care and expand owner responsibilities Barry Furrow; 22. Health Care organization policies about the California end of life option act: the paper victory of the medical aid in dying movement Megan Wright and Cindy L. Cain.
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