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The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale
The Three Faces Of Retainer Care: Crafting A Tailored Regulatory Response, Frank Pasquale
Faculty Scholarship
Retainer care arrangements allow patients to pay a fee directly to a physician's office in order to obtain special access to care. Practices usually convert to retainer status by concentrating their attention on a small panel and dropping the majority of their patients. Proponents call retainer care a triumph of consumer-directed health care; opponents deride it as boutique medicine. Both sides are deploying a variety of legal tactics in order to attain their goals.
After surveying these conflicts, this article clarifies what is at stake by analyzing the three key features of retainer care: preventive care, queue-jumping, and amenity-bundling. Most …
Technology, Competition, And Values, Frank Pasquale
Technology, Competition, And Values, Frank Pasquale
Faculty Scholarship
Law can advance or retard the distributive effects of innovation and its diffusion in many ways. Certain technologies merit special monitoring because they promote the leveraging of economic advantage into social or cultural advantage without substantially increasing overall social welfare. Others threaten to undermine collective values and perceptions commonly used to evaluate technology. A final category threatens to do both, creating unfair or wasteful competition while blunting our capacity to recognize its morally dubious character.
As new sectors of life become more game-like and competitive, methods of leveling the playing field developed in sports and college admissions might become more …