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Full-Text Articles in Law
Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman
Getting The Haves To Come Out Behind: Fixing The Distributive Injustices Of American Health Care, David A. Hyman
Law and Contemporary Problems
Hyman criticizes an article by Havighurst and Richman regarding the distributive injustices of US health care. Hyman also offers a guide for implementing policy reforms based on the analysis by Havighurst and Richman.
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Distributional Considerations In The Overregulation Of Health Professionals, Health Facilities, And Health Plans, Christopher J. Conover
Law and Contemporary Problems
Conover addresses the equity issue in health care spending. Conover concludes that the marginal impact of health regulation is to make the US health system more, rather than less, regressive.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Overregulation Of Health Care: Musings On Disruptive Innovation Theory, Lesley H. Curtis Ph.D., Kevin A. Schulman M.D.
Law and Contemporary Problems
Disruptive innovation theory provides one lens through which to describe how regulations may stifle innovation and increase costs. Basing their discussion on this theory, Curtis and Schulman consider some of the effects that regulatory controls may have on innovation in the health sector.
Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall
Paying For What You Get And Getting What You Pay For: Legal Responses To Consumer-Driven Health Care, Mark A. Hall
Law and Contemporary Problems
No abstract provided.
Measuring Distributive Injustice On A Different Scale, Tom Miller
Measuring Distributive Injustice On A Different Scale, Tom Miller
Law and Contemporary Problems
Miller highlights the importance of education as a powerful contributor to significant differences in health outcomes. Enhancing educational opportunities for lower-income Americans may help to ensure that only no child, but also no patient, is left behind.
Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst
Contesting Anticompetitive Actions Taken In The Name Of The State: State Action Immunity And Health Care Markets, Clark C. Havighurst
Faculty Scholarship
The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses it's application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that …