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Contents

Published online by Cambridge University Press:  16 March 2025

Edited by
I. Glenn Cohen ,
Susannah Baruch ,
Wendy Netter Epstein ,
Christopher Robertson  and
Carmel Shachar
I. Glenn Cohen
Affiliation:
Harvard Law School, Massachusetts
Susannah Baruch
Affiliation:
Harvard Law School, Massachusetts
Wendy Netter Epstein
Affiliation:
DePaul University, Chicago
Christopher Robertson
Affiliation:
Boston University
Carmel Shachar
Affiliation:
Harvard Law School, Massachusetts
Type
Chapter
Information
Health Law as Private Law
Pathology or Pathway
 , pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2025
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. List of Contributors

  2. Acknowledgments

  3. Introduction

    Susannah Baruch, I. Glenn Cohen, Wendy Netter Epstein, Christopher Robertson, and Carmel Shachar

  4. Part IWhat Is Private Law? Theory and Structure

    1. 1Public Funds, Public Functions, Private Actors: The Cognitive Dissonance of US Health Law

      William Sage

    2. 2Private Ordering Is Ubiquitous in Health Care, but Why?

      Barbara J. Evans

    3. 3Abandoning Fiduciaries in Health Care

      Lauren R. Roth

    4. 4European Distinctions between Private and Public Law in Health Care and the Emerging Influence of Private Lobbies

      Barry Solaiman

  5. Part IITools of Private Law: Torts, Contracts, and Property as Vehicles of Health Policy Introduction

    Wendy Netter Epstein

    1. 5Data Transparency, ERISA Preemption, and Freedom of Contract

      Craig Konnoth

    2. 6States as Contractor: Attempts to Drive Health Care Cost Containment through State Purchasing Power

      Christine H. Monahan, Maanasa Kona, and Madeline O’Brien

    3. 7Adaptation of Tort Law to Modern Health Care Delivery in the Restatement of Medical Malpractice

      Mark A. Hall

    4. 8Pandemic Harms and Private Law’s Limits: A Proposal for Tort Replacement

      Jill R. Horwitz, Alberto De Diego-Habel, and Daniel B. Rodriguez

    5. 9The Human Body Commons: A Private Law Contribution for the Advancement of the Right to Health

      Enrique Santamaría Echeverría

  6. Part IIIRussian Dolls, Reproduction, and Private Law Introduction

    I. Glenn Cohen

    1. 10Employer-Sponsored Abortion Coverage: Private Law’s Role in Reproductive Freedom

      Valarie K. Blake and Elizabeth Y. McCuskey

    2. 11Reproductive Innovation and Reproductive Exceptionalism: How Private Health Insurance Coverage of Fertility Treatment Complements Hostile Governmental Action and Expands Access to Assisted Reproduction in the United States

      Myrisha S. Lewis

    3. 12Business Responses to Dobbs: The Return to a “Reproductive Rights” Approach, and Suspicions around Corporate Care

      Asees Bhasin

    4. 13Privatizing the Creation of Equity in Women’s Health

      Thomas W. Williams

  7. Part IVHow Private law Can and Cannot Control Costs: Introduction

    Christopher Robertson

    1. 14Federalism, Private Law, and Medical Debt

      Erin C. Fuse Brown

    2. 15Paying for Health Care and Private Law’s Internal Point of View

      James Toomey

    3. 16Health Law’s Sheathed Sword: Why Hasn’t Civil Litigation Dented Health Care Costs?

      Jackson Williams

    4. 17The Canary in the Coal Mine: Private Antitrust Law and New Dynamics in Health Care Markets

      Jaime S. King

    5. 18Health Care Finance Law’s Relational Bias

      Jessica Mantel

  8. Part VPrivate Law Applied: The Pharmaceutical Industry, Nursing Homes, and the End of Life Introduction

    Carmel Shachar

    1. 19The Financialization of Digital Clinical Trials: Tensions between Efficiency and Scientific Evidence Accessibility

      Ximena Benavides

    2. 20Shareholder Resolutions and Access to Medications

      Rebecca E. Wolitz

    3. 21The Hollowed-Out American Nursing Home: Using Private Law to Police Poor Quality Care and Expand Owner Responsibilities

      Barry R. Furrow

    4. 22Health Care Organization Policies about the California End of Life Option Act: The Paper Victory of the Medical Aid in Dying Movement

      Megan S. Wright and Cindy L. Cain

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