Health Law as Private Law

I. Glenn Cohen is the James A. Attwood and Leslie Williams Professor of Law and a Deputy Dean at Harvard Law and the Faculty Director of Petrie-Flom Center for Health Law Policy, Biotechnology & Bioethics. He is one of the world's leading experts on the intersection of bioethics and the law, as well as health law. He also teaches civil procedure. He is the author of more than 200 articles and the author, editor, or coeditor of more than twenty books. Susannah Baruch is the Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. She previously held key leadership roles in nonprofit organizations, academia, and government. Her research focuses on reproductive health law policy and issues surrounding genetics and genomics. Wendy Netter Epstein is Vincent de Paul Professor of Law at DePaul University College of Law and an expert in health care law and policy, with an emphasis on the financing and delivery of health care, and matters of health equity. She has authored dozens of articles and coauthored Contracts: Law in Action (5th ed). Christopher Robertson is N. Neal Pike Scholar and Professor of Law and Public Health at Boston University. He is an expert in health law, institutional design, and decision-making. Robertson has been published in JAMA, NEJM, and Science. Carmel Shachar is Assistant Clinical Professor of Law and the Faculty Director of the Health Law and Policy Clinic at Harvard Law School. She previously served as the Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Shachar is the coeditor of several other volumes including Transparency in Health Care and Disability, Law, Health, and Bioethics.

• 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 Santamaría Echeverría; 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.