Directory

Bibliography

Books

Health Care Law and Policy: Readings, Notes and Questions (Foundation Press, 1988, 2d ed. 1998 (with James F. Blumstein & Troyen A. Brennan))
Health Care Choices: Private Contracts as Instruments of Health Reform (AEI Press for the American Enterprise Institute, 1995)
American Health Care: What Are the Lessons for Britain? (Institute of Economic Affairs Health Unit, 1989) (with others)
Deregulating the Health Care Industry: Planning for Competition (Ballinger Pub. Co., 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 (American Enterprise Institute for Public Policy Research, 1974) (editor)
Public Utility Regulations for Hospitals: The Relevance of Experience in Other Regulated Industries (American Enterprise Institute, 1973)
Deferred Compensation for Key Employees: A Planning Guide for Small Businessmen and Lawyers (Callaghan, 1964)

Articles & 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? (American Enterprise Institute for Public Policy Research, 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 (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 (2006) (with Barak D. Richman)
Foreword: Health Policy's Fourth Dimension, 69 Law and Contemporary Problems 2-6 (Autumn 2006) (with Barak D. Richman)
Monopoly is Not the Answer, 24 Health Affairs W5-373-375 (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 159-164 (2003) (reviewing Eliot Freidson, Professionalism: The Third Logic (2001))
How the Health Care Revolution Fell Short, 65 Law and Contemporary Problems 55-101 (Autumn 2002)
Is the Health Care Revolution Finished--A Foreword, 65 Law and Contemporary Problems 1-9 (Autumn 2002)
Consumers Versus Managed Care: The New Class Actions, 20 Health Affairs 8-27 (2001)
Evidence: Its Meanings in Health Care and in Law, 26 Journal of Health Politics, Policy and Law 195-216 (2001) (with others)
Health Care as a (Big) Business: The Antitrust Response, 26 Journal of Health Politics, Policy and Law 939-956 (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 84-106 (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 (Roger D. Feldman ed., 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)
Legal Issues in Collaboration, in Collaboration Among Competing Managed Care Organizations for Quality Improvement 9-29 (Molla S. Donaldson ed., 1999)
Making Health Plans Accountable for the Quality of Care, 31 Georgia Law Review 587 (1997)
Are the Antitrust Agencies Overregulating Physician Networks?, 8 Loyola Consumer Law Reporter 78-97 (1996) (1995-96)
Antitrust Issues in the Joint Purchasing of Health Care, 1995 Utah Law Review 409-450 (1995)
Accrediting and the Sherman Act, 57 Law and Contemporary Problems 199-242 (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, 57 Law and Contemporary Problems 1-14 (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 (Robert B. Helms ed., 1993)
Accreditation Competition Needed, 1992 Modern Healthcare 24 (1992)
American Federalism and American Health Care: Lessons for the European Community?, in Health Care in Europe after 1992 (H.E.G.M. Hermans, A.F. Casparie, and J.H.P. Paelinck eds., 1992)
Legal and Political Considerations II, in Basic Benefits and Clinical Guidelines 119-127 (David 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.E. Frech, III ed., 1992)
Practice Guidelines as Standards Governing Physician Liability, 54 Law and Contemporary Problems 87-117 (1991)
S. 1232: A Late Entry in the Race for Malpractice Reform, 54 Law and Contemporary Problems 179-197 (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)
Applying Anti-Monopoly Law to Doctors, in American Health Care: What are the Lessons for Britain? 48 (1989)
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. Martin Halley et al. eds., 1989)
Practice Opportunities for Allied Health Professionals in a Deregulated Health Care Industry, 18 Journal of Allied Health 9-32 (1989)
Applying Antitrust Law to Collaboration in the Production of Information: The Case of Medical Technology Assessment, 51 Law and Contemporary Problems 341-379 (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 (Frank A. Sloan, James F. Blumstein & James M. Perrin eds., 1988)
The Questionable Cost-Containment Record of Commercial Health Insurers, in Health Care in America: The Political Economy of Hospitals and Health Insurance (H.E. Frech III ed., 1988)
Medical Standards in a Decentralized Health Care System, 9 Transactions & Studies of the College of Physicians of Philadelphia 123 (1987)
The Changing Locus of Decision Making in the Health Care Sector, 11 Journal of Health Politics, Policy and Law 697-735 (1987) (reprinted in Health Policy in Transition (Lawrence D. Brown, ed. 1987))
Altering the Applicable Standard of Care, 49 Law and Contemporary Problems 265-275 (1986)
Foreword, 49 Law and Contemporary Problems 1-4 (1986) (with Randall R. Bovbjerg)
Private Reform of Tort-Law Dogma: Market Opportunities and Legal Obstacles, 49 Law and Contemporary Problems 143-172 (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, 3 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: Broadening the Debate (Jack A. 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 (Duncan Yaggy & Patricia Hodgson eds., 1985)
Doctors and Hospitals: An Antitrust Perspective on Traditional Relationships, 1984 Duke Law Journal 1071-1162 (1984)
Foreword: Public and Private Barriers to Competitive Reform of Health Care Services Delivery, 69 Iowa Law Review 1163-1164 (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, 3 Health Affairs 63-70 (1984)
Regulation and Competition: Can They Be Used Together to Contain Health Care Costs? (Citizens Research Council of Michigan, 1984) (with Bruce D. Vladeck)
A New Era in Health Policy?, 1983 Health Policy Week Supplement (1983)
Imprudent Purchasing, 1983 Health Policy Week Supplement (1983)
Book Review, 18 Health Services Research 93-98 (1983) (reviewing Paul J. Joskow, Controlling Hospital Costs: The Role of Government Regulation (1981))
Decentralizing Decision Making: Private Contract versus Professional Norms, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions (Jack A. Meyer ed., 1983)
Foreword: Symposium on Hospital Law, 14 North Carolina Central Law Journal 1-2 (1983)
Health Planning and Antitrust Law: The Implied Amendment Doctrine of the Rex Hospital Case, 14 North Carolina Central Law Review 45-74 (1983)
Private Credentialing of Health Care Personnel: An Antitrust Perspective--Part 1, 9 American Journal of Law & Medicine 131-201 (1983) (with Nancy M. P. King)
Private Credentialing of Health Care Personnel: An Antitrust Perspective--Part 2, 9 American Journal of Law & Medicine 263-334 (1983) (with Nancy M. P. King)
The Contributions of Antitrust Law to a Procompetitive Health Policy, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions (Jack A. Meyer ed., 1983)
The Doctors' Trust: Self-Regulation and the Law, 2 Health Affairs 64-76 (1983)
Increasing the Role of Competition in the Market for Health Services, in National Health Policy: What Role for Government? 447-494 (Isaac 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 (Mancur Olson, 1981) (with Glenn M. Hackbarth)
Health Planning for Deregulation: Implementing the 1979 Amendments, 44 Law and Contemporary Problems 33-76 (1981)
The Federal Legislative Initiative, Proceedings of the Annual Meeting of the Association of Academic Health Centers (1981)
Antitrust Enforcement in the Medical Services Industry: What Does It All Mean?, 58 Millbank Memorial Fund Quarterly. Health and Society 89-124 (1980)
Competition and Health Care -- Planning for Deregulation, 4 Regulation 39-48 (1980) (with Glenn M. Hackbarth)
Prospects for Competition Under Health Planning-Cum-Regulation, in National Health Insurance: What Now, What Later, What Never? 329-359 (Mark V. Pauly ed., 1980)
The Antitrust Laws, the Federal Trade Commission, and Cost Containment, 56 Bulletin of the New York Academy of Medicine 169-179 (1980)
Health Insurers and Health-Care Costs: Can the Problem Be Part of the Solution?, 5 Health Communications & Informatics (1979)
Private Cost Containment, 300 New England Journal of Medicine 1298-1305 (1979) (with Glenn M. Hackbarth)
Private Cost Containment -- Medical Practice Under Competition, 1 Socioeconomic Issues of Health (1979)
The Antitrust Implications of Relative Value Studies in Medicine, 4 Journal of Health Politics, Policy & Law 48-86 (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 (1978)
More on Regulation: A Reply to Stephen Weiner, 4 American Journal of Law & Medicine 243-253 (1978)
Professional Restraints on Innovation in Health Care Financing, 1978 Duke Law Journal 303-387 (1978)
The Role of Competition in Cost Containment, in Competition in the Health Care Sector: Past, Present and Future 359-406 (Warren Greenberg, 1978)
Controlling Health Care Costs: Strengthening the Private Sector's Hand, 1 Journal of Health Politics, Policy & Law 471-498 (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 309-322 (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 21-37 (David B. Johnson ed., 1977)
Mechanisms for Compensating Persons Injured in Human Experimentation, in HEW Secretary's Task Force on the Compensation of Injured Research Subjects: Appendix (1977) (HEW publication No. OS-77-004, OS-77-005)
The Ethics of Cost Control in Medical Care, Soundings 22 (1977)
"Medical Adversity Insurance" -- Has Its Time Come?, 1975 Duke Law Journal 1233-1280 (1976)
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 (Robert M. Veatch & Roy Branson eds., 1976)
Strategies in Underwriting the Costs of Catastrophic Disease, 40 Law and Contemporary Problems 122-195 (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 (1975) (with Randall R. Bovbjerg)
Health Maintenance Organizations: Toward a Fair Market Test: A Policy Statement (National Academy of Sciences , 1974) (with others)
Speculations 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 249-269 (Clark C. Havighurst ed., 1974)
"Medical Adversity Insurance" -- A No-Fault Approach to Medical Malpractice and Quality Assurance, 51 The Milbank Memorial Fund Quarterly. Health and Society 125-168 (1973) (with Lawrence R. Tancredi)
Appendix D: Separate Views of Professor Havighurst, in The Totally Implantable Artificial Heart 231-247 (1973) (Publication No. OS-77-004)
Commentary on a Paper by Harold Green, in Ethical Issues in Human Genetics: Genetic Counseling and the Use of Genetic Knowledge (Bruce Hilton et al. eds., 1973) (with Kenneth M. Ludmerer)
Foreword: HMOs in Policy Prospective, in HMO Sourcebook: A Digest of State Laws Affecting the Prepayment of Medial Care, Group Practice and HMOS (Janet M. Benyak, 1973)
Franchising Experience from Other Industries and Its Relevance for the Health Field, in Management Memorandum on Hospital Franchising (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 (Neil Hollander & Robert G. Joyce eds., 1973)
Regulation of Health Facilities and Services by "Certificate of Need", 59 Virginia Law Review 1143-1232 (1973) (summarized as Regulation of Health Institutions in Controls on Health Care 75-83 (1975)
The Quality of Advice, in Philosophy & Tech. Drug Assessment (J. Cooper ed. (J. Cooper ed., 1971)
Compensating Persons Injured in Human Experimentation, 169 Science 153-157 (1970) (reprinted in Readings on Ethical and Social Issues in Biomedicine (Richard W. Wertz ed., 1973))
Foreword, 35 Law and Contemporary Problems 229-232 (Spring 1970)
Foreword, 35 Law and Contemporary Problems 1-2 (1970) (reprinted in Health Care (1972))
Health Maintenance Organizations and the Market for Health Services, 35 Law and Contemporary Problems 716-795 (1970)
Licensure and Its Alternatives, in Third Annual Duke Conference on Physician's Assistants (1970)
Foreword, 32 Law and Contemporary Problems 561-562 (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)

Issues Edited

Symposium: Who Pays? Who Benefits? Distributional Issues in Health Care, 69 Law and Contemporary Problems (No. 4, Autumn 2006) (with Barak D. Richman)
Private Accreditation in the Regulatory State, 57 Law and Contemporary Problems (No. 4, Autumn 1994)
Medical Malpractice: Can the Private Sector Find Relief?, 49 Law and Contemporary Problems (No. 2, Spring 1986) (with Randall R. Bovbjerg)
Health Care. Part I, 35 Law and Contemporary Problems (No. 2, Spring 1970)
Health Care. Part II, 35 Law and Contemporary Problems (No. 4, Autumn 1970)

Newspaper Articles and Commentary

The Health-Care Conspiracy of Silence, Wall Street Journal (February 7, 2018)
How Trumpism Can Bust the Medical Trusts: A Populist War on Health Monopolies Would Unleash Competition and Give Patients More Choices, Wall Street Journal (March 1, 2017)
Who Pays for Health Insurance?, Wall Street Journal (September 6, 2007, at A17) (with Barak D. Richman)
Cases Before High Court, National Law Journal (January 15, 2007, at 7)
Unhealthy Subsidies, Cato Unbound (January 12, 2007)
Libertarian Health Policy, 25 Health Affairs (November 1, 2006, at 1740) (reviewing Michael F. Cannon & Michael D. Tanner, Healthy Competition: What's Holding Back Health Care and How to Free It (Cato Institute, 2005))
Medical Liability Reform: The Case for Creativity, 5 DukeMed Magazine (January 1, 200542-43)
'Putting Patients First': Promise or Smokescreen?, 16 Health Affairs (November 1, 1997, at 123)

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Directory

Bibliography

Books

Articles & Essays

Issues Edited

Newspaper Articles and Commentary

Clark C. Havighurst