Bibliography

Books

  • Health Care Law and Policy: Readings, Notes and Questions TRUE (2d ed. 1998) Supplement 2002-03 & 2007-08 (with others)
  • Health Care Choices: Private Contracts as Instruments of Health Reform (1995)
  • Teacher's Manual for Health Care Law and Policy: Readings, Notes and Questions (1988)
  • Deregulating the Health Care Industry: Planning for Competition (1982)
  • Competition in a Regulated Health Care System: A Study for the Federal Trade Commission (1977)
  • Regulating Health Facilities Construction: Proceedings of a Conference on Health Planning, Certificates of Need and Market Entry (1974) (editor)
  • Public Utility Regulations for Hospitals (1973)
  • Deferred Compensation for Key Employees (1964)

Issues Edited

Articles and Essays

  • The Provider-Monopoly Problem in Health Care, 89 Oregon Law Review 847-883 (2011) (with Barak D. Richman)
  • Who Pays? Who Benefits?: Unfairness in American Health Care, 25 Notre Dame Journal of Law, Ethics & Public Policy 493-526 (2011) (with Barak D. Richman)
  • Private Health Plans: Where Is the Value? What Is the Point? (2009)
  • Trafficking in Human Blood: Titmuss (1970) and Products Liability, 72 Law and Contemporary Problems 1-15 (Summer 2009)
  • Disruptive Innovation: The Demand Side, 27 Health Affairs 1341-1344 (2008)
  • Antitrust and IPOs in the Supreme Court, 2007
  • Contesting Anticompetitive Actions Taken in the Name of the State: State Action Immunity and Health Care Markets, 31 Journal of Health Politics, Policy & Law 587-607 (2006)
  • Distributive Injustice(s) in American Health Care, 69 Law and Contemporary Problems 7-82 (Autumn 2006) (with Barak D. Richman)
  • Foreword: Health Policy's Fourth Dimension, 69 Law and Contemporary Problems 2-6 (Autumn 2006) (with Barak D. Richman)
  • Libertarian Health Policy, 25 Health Affairs 1740-1741 (2006) (reviewing Michael F. Cannon & Michael D. Tanner, Healthy Competition: What's Holding Back Health Care and How to Free It (Cato Institute, 2005))
  • Reviving Managed Health Care with Health Savings Accounts, 24 Health Affairs 1490-1500 (2005) (with Mark A. Hall)
  • I've Seen Enough! My Life and Times in Health Care Law and Policy, 14 Health Matrix 107-130 (2004)
  • Starr on Corporatization and Commidification of Health Care: The Sequel, 29 Journal of Health Politics, Policy and Law 947-968 (2004)
  • An Apology for Professionalist Regimes, 28 Journal of Health Politics, Policy and Law 159-163 (2003) (reviewing Eliot Freidson, Professionalism: The Third Logic (2001))
  • Foreword: Is the Health Care Revolution Finished, 65 Law and Contemporary Problems 1-9 (Autumn 2002)
  • How the Health Care Revolution Fell Short, 65 Law and Contemporary Problems 55-101 (Autumn 2002)
  • Special Editor, Symposium: Is the Health Care Revolution Finished?, 65 Law and Contemporary Problems 2002 (Autumn 2002)
  • Consumers Versus Managed Care: The New Class Actions, 20 Health Affairs 8 (2001)
  • Evidence: Its Meanings In Health Care and In Law, 26 Journal of Health Policy 195 (2001)
  • Health Care As a (Big) Business: The Antitrust Response, 26 Journal of Health Policy 939 (2001)
  • The Backlash Against Managed Health Care: Hard Politics Make Bad Policy, 34 Indiana Law Review 395 (2001)
  • American Health Care and the Law -- We Need to Talk!, 19 Health Affairs 2000 (2000) (July-Aug. 2000)
  • Freedom of Contract: The Unexplored Path to Heath Care Reform, in American Health Care: Government, Market Processes and the Public Interest (2000)
  • Vicarious Liability: Relocating Responsibility for the Quality of Care, 26 American Journal of Law & Medicine 7 (2000)
  • Foreword: Managed Care --Work in Progress or Stalled Experiment?, 35 Houston Law Review 1385 (1999)
  • Health Law: New Course Books For A Mature Discipline, 20 Journal of Legal Medicine (1999) (with W. Eugene Basanta)
  • Legal Issues in Collaboration, in Collaboration Among Competing Managed Care Organizations for Quality Improvement (1999)
  • Perspective: "Putting Patients First": Promise or Smokescreen?, Health Affairs 123 (1997)
  • Making Health Plans Accountable for the Quality of Care, 31 Georgia Law Review 587 (1997)
  • Health Care Choices: Private Contracts as Instruments of Health Reform, 17 Journal of Legal Medicine (1996) (with Eleanor D. Kinney)
  • Antitrust Issues in the Joint Purchasing of Health Care, 1995 Utah Law Review 409-450
  • Are the Antitrust Agencies Overregulating Physician Networks?, 8 Loyola Consumer Law Reporter 1995-96 (1995) (1995-96)
  • Accrediting and the Sherman Act, Law and Contemporary Problems 199 (1994) (with Peter M. Brody)
  • Contract Failure in the Market for Health Services, 29 Wake Forest Law Review 47 (1994)
  • Foreword: The Place of Private Accrediting Among the Instruments of Government, Law and Contemporary Problems 1 (1994)
  • Taxing Health Benefits: Snake Oil...or Smart Health Policy, 3 Journal of American Health Policy 33 (1993) (with Lane Kirkland)
  • Why Preserve Private Health Care Financing?, in American Health Policy: Critical Issues for Reform (R.B. Helms ed., 1993)
  • Accreditation Competition Needed, 1992 Modern Healthcare 24
  • American Federalism and American Health Care: Lessons for the European Community?, in Health Care in Europe after (H.E.G.M.Hermans, et al. eds, 1992)
  • By Fiat or By Choice?--How Practice Guidelines Might Become Legal Standards, in Defining Health Care Needs and Basic Benefits Using Clinical Guidelines (D.C. Hadorn ed., 1992)
  • Prospective Self-Denial: Can Consumers Contract Today to Accept Health Care Rationing Tomorrow?, 140 University of Pennsylvania Law Review 1755 (1992)
  • The Art of Paying Physicians, in Regulating Doctors' Fees: Competition, Benefits, and Controls under Medicare 132 (H. Frech ed., 1992)
  • Practice Guidelines as Standards Governing Physician Liability, Law and Contemporary Problems 1987 (1991)
  • S. 1232: A Late Entry in the Race for Malpractice Reform, Law and Contemporary Problems 179 (1991) (with Thomas B. Metzloff)
  • 1990 Michael M. Davis Lecture: The Antitrust Challenge to the Professional Paradigm of Medical Care, in Antitrust Intervention in the Health Care Industry (1990)
  • Practice Guidelines for Medical Care: The Policy Rationale, 34 Saint Louis University Law Journal 777 (1990)
  • Professional Paradigm of Medical Care: Obstacle to Decentralization, 30 Jurimetrics 415 (1990)
  • The Quality of Medical Care: Resolving Controversies Over a Sacred Cow, in Medical Quality and the Law (1990)
  • Foreword: Symposium on Law and Medicine, 22 U.C. Davis Law Review 269 (1989)
  • Health Care as a Laboratory for the Study of Law and Policy, 38 Journal of Legal Education 499 (1989)
  • Liver Transplantation in Massachusetts: Public Policymaking as Morality Play, 19 Indiana Law Review 955 (1989) (reprinted in Organ Transplantation Policy (J. Blumstein & F. Sloan eds., 1989)) (with Nancy M. P. King)
  • Malpractice Reform: Getting There by Private Vehicle, in Medical Malpractice Solutions: Systems and Proposals for Injury Compensation (M. Halley, et al. eds., 1989)
  • Practice Opportunities for Allied Health Professionals in a Deregulated Health Care Industry, 18 Journal of Allied Health 9 (1989)
  • Applying Anti-Monopoly Law to Doctors, in American Health Care: What are the Lessons for Britain? (1988)
  • Applying Antitrust Law to Collaboration in the Production of Information: The Case of Medical Technology Assessment, Law and Contemporary Problems 341 (1988)
  • Developing Noninstitutional Health Services: The Role of Certificate-of-Need Regulation in Cost, Quality, and Access, in Health Care: New Roles for Health Planning in a Competitive Environment (F. Sloan, et al. eds, 1988)
  • The Questionable Cost-Containment Record of Commercial Health Insurers, in Health Care in America (H. French ed., 1988)
  • Medical Standards in a Decentralized Health Care System, Transactions & Studies of the College of Physicians of Philadelphia 123 (1987)
  • The Changing Locus of Decisionmaking in the Health Care Sector, 11 697 (L. Brown ed., 1987)
  • Altering the Applicable Standard of Care, Law and Contemporary Problems 265 (1986) (with Randall R. Bovbjerg)
  • Foreword: Medical Malpractice: Can the Private Sector Find Relief?, Law and Contemporary Problems 1 (1986) (with Randall R. Bovbjerg)
  • Private Reform of Tort Law Dogma: Market Opportunities and Legal Obstacles, Law and Contemporary Problems 143 (1986)
  • Professional Peer Review and the Antitrust Laws, 36 Case Western Reserve Law Review 1117 (1986)
  • The Lithotripsy Game in North Carolina: A New Technology Under Regulation and Deregulation, 19 Indiana Law Review 989-1024 (1986) (with Robert S. McDonough)
  • Medical Malpractice: An Update for Noncombatants, Business & Health 38 (1985) (with Randall R. Bovbjerg)
  • The Debate over Health Care Cost-Containment Regulation: The Issues and Interests, in Incentives vs. Controls in Health Policy (J. Meyer ed, 1985)
  • The Structure of Hospital-Physician Relationships: The Interplay of Law and Policy, in Physicians and Hospitals: The Great Partnership at the Crossroads (D. Yaggy and P. Hodgson eds, 1985)
  • An Introduction to Public and Private Barriers to Competitive Reform of Health Care Services Delivery, 69 Iowa Law Review 1163 (1984)
  • Doctors and Hospitals: An Antitrust Perspective on Traditional Relationships, 1984 Duke Law Journal 1071
  • Health Planning and Antitrust Law: The Implied Amendment Doctrine of the Rex Hospital Case, 14 45 (1984)
  • Mixing Regulation and Competition: A Doubtful Prescription, in Regulation and Competition: Can They Be Used Together to Contain Health Care Costs? (1984)
  • Reforming Malpractice Law Through Consumer Choice, Health Affairs 63 (1984)
  • A New Era in Health Policy?, 1983 Health Policy Week Supplement
  • Imprudent Purchasing, 1983 Health Policy Week Supplement
  • Decentralizing Decision Making: Private Contract versus Professional Norms, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions (J. Meyer ed., 1983)
  • Foreword: Symposium on Hospital Law, 14 North Carolina Central Law Journal 1 (1983)
  • Joskow 93 (1983)
  • Private Credentialing of Health Care Personnel: An Antitrust Perspective, 9 American Journal of Law & Medicine 131 (1983)
  • The Contributions of Antitrust Law to a Procompetitive Health Policy, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions (J. Meyer ed., 1983)
  • The Doctors' Trust: Self-Regulation and the Law, 2 Health Affairs 64 (1983)
  • Increasing Competition's Role in the Market for Health Services, in National Health Policy: What Role for Government? (I. Ehrlich ed., 1982)
  • A Comment: The Antitrust Challenge to Professionalism, 41 Maryland Law Review 30 (1981)
  • Competition in Health Services: An Equal Number of Questions and Answers, in Health Care Regulation and Competition: Are They Compatible? (1981)
  • Competition in Health Services: Overview, Issues and Answers, 34 Vanderbilt Law Review 1117 (1981)
  • Enforcing the Rules of Free Enterprise in an Imperfect Market: The Case of Individual Practice Associations, in A New Approach to the Economics of Health Care (1981) (with Glenn)
  • Health Planning for Deregulation: Implementing the 1979 Amendments, Law and Contemporary Problems 33 (1981)
  • The Federal Legislative Initiative, Proceedings of the Annual Meeting of the Association Academic Health Centers (1981)
  • Antitrust Enforcement in the Medical Services Industry: What Does It All Mean?, 58 Millbank Memorial Fund Quarterly 89 (1980)
  • Competition and Health Care -- Planning for Deregulation, 4 Regulation 39 (1980) (with Glenn Hackbarth)
  • Prospects for Competition under Health Planning-cum-regulation, in National Health Insurance: What Now, What Later, What Never? (1980)
  • The Antitrust Laws, the Federal Trade Commission, and Cost Containment, 56 Bulletin of the New York Academy of Medicine 169 (1980)
  • Health Cost Containment, 300 New England Journal of Medicine 1298 (1979) (with Glenn)
  • Health Insurers and Health-Care Costs: Can the Problem Be Part of the Solution?, Health Communications & Informatics (1979)
  • Private Cost Containment, 300 New England Journal of Medicine 1298 (1979) (with Glenn Hackbarth)
  • Private Cost Containment -- Medical Practice Under Competition, Socioeconomic Issues in Health (1979)
  • The Antitrust Implications of Relative Value Studies in Medicine, 3 Journal of Health Politics Policy & Law 48 (1979) (with Philip C. Kissam)
  • Advertising and Medical Ethics, in Encyclopedia of Bioethics (1978)
  • Health Maintenance Organizations and the Health Planners, 1978 Utah Law Review 123
  • More on Regulation: A Reply to Stephen Weiner, 4 American Journal of Law & Medicine 243 (1978)
  • Professional Restraints on Innovation in Health Care Financing, 1978 Duke Law Journal 303
  • The Role of Competition in Containing Health Care Costs, in Competition in the Health Care Sector (1978)
  • Controlling Health Care Costs: Strengthening the Private Sector's Hand, 1 Journal of Health Politics, Policy & Law 471 (1977) (reprinted as American Enterprises Institute for Public Policy Research Reprint No. 68 (June, 1977))
  • Health Care Cost-Containment Regulation: Prospects and an Alternative, 3 Journal of Law & Medicine 309 (1977)
  • Improving the Prospects for Innovation in Health Care Financing and Delivery, in Conference on the Antitrust Laws and the Health Care Industry (1977)
  • Legal Responses to the Problem of Poor-Quality Blood, in Blood Policy: Issues and Alternatives (1977)
  • Mechanisms for Compensating Persons Injured in Human Experimentation, in HEW Secretary's Task Force on the Compensation of Injured Research Subjects (Appendix A, January 77-4 (1977) (Appendix A) (Publication No. OS-77-004)
  • Medical Adversity Insurance -- Has Its Time Come?, 1975 Duke Law Journal 1233 (1977)
  • The Ethics of Cost Control in Medical Care, Soundings 22 (1977)
  • Ethical Safeguards in Research on Humans, in Philosophy & Tech. Drug Assessment (J. Cooper and H. Ley eds. (J. Cooper & H. Ley eds, 1976)
  • Federal Regulation of the Health Care Delivery System -- A Foreword in the Nature of a "Package Insert", 6 University of Toledo Law Review 577 (1976) (reprinted as American Enterprise Institute for Public Policy Research Reprint No. 43 (1976))
  • Remarks on the Future of Regulation in the Health Field, in Program in Hospital Administration, University of Michigan, Four Views of the Future (1976)
  • Separate Views on the Artificial Heart, in Ethics and Health Policy (R. Veatch & R. Branson eds, 1976)
  • Strategies in Underwriting the Costs of Catastrophic Disease, 40 Law and Contemporary Problems 122 (1976) (with others)
  • Coping with Quality/Cost Trade-Offs in Medical Care: The Role of PSROs, 70 Northwestern University Law Review 6 (1975) (with James F. Blumstein)
  • Professional Standards Review Organizations and Health Maintenance Organizations: Are They Compatible?, 1975 Utah Law Review 381 (with Randall R. Bovbjerg)
  • Regulation of Health Facilities and Services by "Certificate of Need", 59 Virginia Law Review 1143 (1975) (summarized in Controls on Health Care (1975))
  • "Medical Adversity Insurance" -- A No-Fault Approach to Medical Malpractice and Quality Assurance, 51 124 (1974) (with Lawrence R. Tancredi)
  • Speculation on the Market's Future in Health Care, in Regulating Health Facilities Construction: Proceedings of a Conference on Health Planning, Certificates of Need and Market Entry (C. Havighurst ed., 1974)
  • Appendix D: Separate Views of Professor Havighurst, in The Totally Implantable Artificial Heart (June 77-4 (1973) (Publication No. OS-77-004)
  • Commentary on a Paper by Harold Green, in Ethical Issues in Human Genetics (B. Hilton ed, 1973)
  • Compensating Persons Injured in Human Experimentation, 169 153 (1973) (reprinted in Readings on Ethical and Social Issues in Biomedicine (Wertz ed., 1973))
  • Foreword: HMOs in Policy Prospective, in HMO Sourcebook vii (1973)
  • Government's Increasing Involvement in the Health Care Sector: The Hazards of Regulation and Less Hazardous Alternatives, in The Changing Role of the Public and Private Sector in Health Care (N. Hollander and R. Joyce eds., 1973)
  • Foreword (Health Care), 35 Law and Contemporary Problems 1-2 (1972) (reprinted in Health Care (1972))
  • Franchising Experience from Other Industries and Its Relevance for the Health Field, in Management Memorandum on Hospital Franchising (1972)
  • The Quality of Advice, in Philosophy & Tech. Drug Assessment (J. Cooper ed. (J. Cooper ed., 1971)
  • Health Maintenance Organizations and the Market for Health Services, 35 Law and Contemporary Problems 716 (1970)
  • Licensure and Its Alternatives, in Third Annual Duke Conference on Physician's Assistants (1970)
  • Foreword (Medical Progress and the Law), 32 Law and Contemporary Problems 561 (1967)
  • Contractual Aspects of the Pension Obligation, Pension & Welfare News 38 (1965)
  • The Continuing Inutility of Employee Stock Options in Closely Held Businesses, 18 Florida Law Review 251 (1965) (reprinted in 7 Corporate Practice Commentator 103 (1965))
  • Relative Priority of Federal Tax Liens and Assignments of Rents in Lease Financings, 19 Business Lawyer 939 (1964)

Newspaper Articles and Commentary

  • Who Pays for Health Insurance?, Wall Street Journal (September 06, 2007, at A17) (with Barak D. Richman)
  • Antitrust Law: Cases Before High Court, National Law Journal (January 15, 2007, at 7)
  • Unhealthy Subsidies, Cato Unbound (January 12, 2007)
  • Monopoly is Not the Answer, 24 Health Affairs (August 09, 2005) W5-373-75
  • Medical Liability Reform: The Case for Creativity, 5 DukeMed Magazine (January 01, 2005 42-43)