Health Law and Policy Commons^™

Addiction And Liberty, Matthew B. Lawrence

Faculty Articles

This Article explores the interaction between addiction and liberty and identifies a firm legal basis for recognition of a fundamental constitutional right to freedom from addiction. Government interferes with freedom from addiction when it causes addiction or restricts addiction treatment, and government may protect freedom from addiction through legislation empowering individuals against private actors’ efforts to addict them without their consent. This Article motivates and tests the boundaries of this right through case studies of emergent threats to liberty made possible or exacerbated by new technologies and scientific understandings. These include certain state lottery programs, addiction treatment restrictions, and smartphone …

The Limits Of Health Care Reform, Ani B. Satz

Faculty Articles

Part I of this Article provides a context for understanding health law in 2008. It discusses the complex relationships between the various actors, at both the federal and state levels, which affect the distribution, provision, and regulation of health care, as well as the role of technological devel­opments in these relationships. Individuals familiar with health law may choose to skip this Part.

Parts II and III address the theoretical underpinnings of basic mini­mum and rationing approaches, respectively. Part II discusses the contractarian foundations of basic minimum schemes. It focuses on the distribu­tion of health care goods as primary goods (goods …