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 ()
  • Teacher's Manual for Health Care Law and Policy: Readings, Notes and Questions ()
  • Deregulating the Health Care Industry: Planning for Competition ()
  • Competition in a Regulated Health Care System: A Study for the Federal Trade Commission ()
  • Regulating Health Facilities Construction: Proceedings of a Conference on Health Planning, Certificates of Need and Market Entry () (editor)
  • Public Utility Regulations for Hospitals ()
  • Deferred Compensation for Key Employees ()

Articles & Essays

  • The Provider-Monopoly Problem in Health Care, 89 Oregon Law Review 847-883 () (with Barak D. Richman)
  • Who Pays? Who Benefits?: Unfairness in American Health Care, 25 Notre Dame Journal of Law, Ethics & Public Policy 493-526 () (with Barak D. Richman)
  • Private Health Plans: Where Is the Value? What Is the Point? ()
  • Trafficking in Human Blood: Titmuss (1970) and Products Liability, 72 Law and Contemporary Problems 1-15 (Summer )
  • Disruptive Innovation: The Demand Side, 27 Health Affairs 1341-1344 ()
  • 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 ()
  • Distributive Injustice(s) in American Health Care, 69 Law and Contemporary Problems 7-82 () (with Barak D. Richman)
  • Foreword: Health Policy's Fourth Dimension, 69 Law and Contemporary Problems 2-6 (Autumn ) (with Barak D. Richman)
  • Libertarian Health Policy, 25 Health Affairs 1740-1741 () (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 () (with Mark A. Hall)
  • I've Seen Enough! My Life and Times in Health Care Law and Policy, 14 Health Matrix 107-130 ()
  • Starr on Corporatization and Commidification of Health Care: The Sequel, 29 Journal of Health Politics, Policy and Law 947-968 ()
  • An Apology for Professionalist Regimes, 28 Journal of Health Politics, Policy and Law 159-163 () (reviewing Eliot Freidson, Professionalism: The Third Logic (2001))
  • Foreword: Is the Health Care Revolution Finished, 65 Law and Contemporary Problems 1-9 (Autumn )
  • How the Health Care Revolution Fell Short, 65 Law and Contemporary Problems 55-101 (Autumn )
  • Special Editor, Symposium: Is the Health Care Revolution Finished?, 65 Law and Contemporary Problems 2002 (Autumn )
  • Consumers Versus Managed Care: The New Class Actions, 20 Health Affairs 8 ()
  • Evidence: Its Meanings In Health Care and In Law, 26 Journal of Health Policy 195 ()
  • Health Care as a (Big) Business: The Antitrust Response, 26 Journal of Health Politics, Policy and Law 939-955 ()
  • The Backlash Against Managed Health Care: Hard Politics Make Bad Policy, 34 Indiana Law Review 395 ()
  • American Health Care and the Law -- We Need to Talk!, 19 Health Affairs 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 ()
  • Vicarious Liability: Relocating Responsibility for the Quality of Care, 26 American Journal of Law & Medicine 7 ()
  • Foreword: Managed Care --Work in Progress or Stalled Experiment?, 35 Houston Law Review 1385 ()
  • Health Law: New Course Books For A Mature Discipline, 20 Journal of Legal Medicine () (with W. Eugene Basanta)
  • Legal Issues in Collaboration, in Collaboration Among Competing Managed Care Organizations for Quality Improvement ()
  • Perspective: "Putting Patients First": Promise or Smokescreen?, Health Affairs 123 ()
  • Making Health Plans Accountable for the Quality of Care, 31 Georgia Law Review 587 ()
  • Health Care Choices: Private Contracts as Instruments of Health Reform, 17 Journal of Legal Medicine () (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 () (1995-96)
  • Accrediting and the Sherman Act, 57 Law and Contemporary Problems 199-242 () (with Peter M. Brody)
  • Contract Failure in the Market for Health Services, 29 Wake Forest Law Review 47 ()
  • Foreword: The Place of Private Accrediting Among the Instruments of GovernmentLaw and Contemporary Problems 1 ()
  • Taxing Health Benefits: Snake Oil...or Smart Health Policy, 3 Journal of American Health Policy 33 () (with Lane Kirkland)
  • Why Preserve Private Health Care Financing?, in American Health Policy: Critical Issues for Reform (R.B. Helms ed., )
  • 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, )
  • 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., )
  • Prospective Self-Denial: Can Consumers Contract Today to Accept Health Care Rationing Tomorrow?, 140 University of Pennsylvania Law Review 1755 ()
  • The Art of Paying Physicians, in Regulating Doctors' Fees: Competition, Benefits, and Controls under Medicare 132 (H. Frech ed., )
  • Practice Guidelines as Standards Governing Physician LiabilityLaw and Contemporary Problems 1987 ()
  • S. 1232: A Late Entry in the Race for Malpractice ReformLaw and Contemporary Problems 179 () (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 ()
  • Practice Guidelines for Medical Care: The Policy Rationale, 34 Saint Louis University Law Journal 777 ()
  • Professional Paradigm of Medical Care: Obstacle to Decentralization, 30 Jurimetrics 415 ()
  • The Quality of Medical Care: Resolving Controversies Over a Sacred Cow, in Medical Quality and the Law ()
  • Applying Anti-Monopoly Law to Doctors, in American Health Care: What are the Lessons for Britain 48 ()
  • Foreword: Symposium on Law and Medicine, 22 U.C. Davis Law Review 269 ()
  • Health Care as a Laboratory for the Study of Law and Policy, 38 Journal of Legal Education 499 ()
  • Liver Transplantation in Massachusetts: Public Policymaking as Morality Play, 19 Indiana Law Review 955 () (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., )
  • Practice Opportunities for Allied Health Professionals in a Deregulated Health Care Industry, 18 Journal of Allied Health 9 ()
  • Applying Anti-Monopoly Law to Doctors, in American Health Care: What are the Lessons for Britain? ()
  • Applying Antitrust Law to Collaboration in the Production of Information: The Case of Medical Technology Assessment, 51 Law and Contemporary Problems 341-379 ()
  • 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, )
  • The Questionable Cost-Containment Record of Commercial Health Insurers, in Health Care in America (H. French ed., )
  • Medical Standards in a Decentralized Health Care System, Transactions & Studies of the College of Physicians of Philadelphia 123 ()
  • The Changing Locus of Decision Making in the Health Care Sector, 11 Journal of Health Politics, Policy and Law 697-735 () (reprinted in Health Policy in Transition (Lawrence D. Brown, ed. 1987))
  • Altering the Applicable Standard of CareLaw and Contemporary Problems 265 () (with Randall R. Bovbjerg)
  • Foreword: Medical Malpractice: Can the Private Sector Find Relief?Law and Contemporary Problems 1 () (with Randall R. Bovbjerg)
  • Private Reform of Tort Law Dogma: Market Opportunities and Legal ObstaclesLaw and Contemporary Problems 143 ()
  • Professional Peer Review and the Antitrust Laws, 36 Case Western Reserve Law Review 1117 ()
  • The Lithotripsy Game in North Carolina: A New Technology Under Regulation and Deregulation, 19 Indiana Law Review 989-1024 () (with Robert S. McDonough)
  • Medical Malpractice: An Update for Noncombatants, Business & Health 38 () (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, )
  • 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, )
  • An Introduction to Public and Private Barriers to Competitive Reform of Health Care Services Delivery, 69 Iowa Law Review 1163 ()
  • Doctors and Hospitals: An Antitrust Perspective on Traditional Relationships, 1984 Duke Law Journal 1071-1162 ()
  • Health Planning and Antitrust Law: The Implied Amendment Doctrine of the Rex Hospital Case, 14  45 ()
  • Mixing Regulation and Competition: A Doubtful Prescription, in Regulation and Competition: Can They Be Used Together to Contain Health Care Costs? ()
  • Reforming Malpractice Law Through Consumer Choice, Health Affairs 63 ()
  • A New Era in Health Policy?, 1983 Health Policy Week Supplement ()
  • Imprudent Purchasing, 1983 Health Policy Week Supplement ()
  • Book Review, 18 Health Services Research 93 () (reviewing Joskow, Controlling Hospital Costs: The Role of Government Regulation)
  • Decentralizing Decision Making: Private Contract versus Professional Norms, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions (J. Meyer ed., )
  • Foreword: Symposium on Hospital Law, 14 North Carolina Central Law Journal 1 ()
  • Private Credentialing of Health Care Personnel: An Antitrust Perspective, 9 American Journal of Law & Medicine 131 ()
  • 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., )
  • The Doctors' Trust: Self-Regulation and the Law, 2 Health Affairs 64 ()
  • Increasing Competition's Role in the Market for Health Services, in National Health Policy: What Role for Government? (I. Ehrlich ed., )
  • A Comment: The Antitrust Challenge to Professionalism, 41 Maryland Law Review 30 ()
  • Competition in Health Services: An Equal Number of Questions and Answers, in Health Care Regulation and Competition: Are They Compatible? ()
  • Competition in Health Services: Overview, Issues and Answers, 34 Vanderbilt Law Review 1117 ()
  • 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 () (with Glenn)
  • Health Planning for Deregulation: Implementing the 1979 AmendmentsLaw and Contemporary Problems 33 ()
  • The Federal Legislative Initiative, Proceedings of the Annual Meeting of the Association Academic Health Centers ()
  • Antitrust Enforcement in the Medical Services Industry: What Does It All Mean?, 58 Millbank Memorial Fund Quarterly 89 ()
  • Competition and Health Care -- Planning for Deregulation, 4 Regulation 39 () (with Glenn Hackbarth)
  • Prospects for Competition under Health Planning-cum-regulation, in National Health Insurance: What Now, What Later, What Never? ()
  • The Antitrust Laws, the Federal Trade Commission, and Cost Containment, 56 Bulletin of the New York Academy of Medicine 169 ()
  • Health Cost Containment, 300 New England Journal of Medicine 1298 () (with Glenn)
  • Health Insurers and Health-Care Costs: Can the Problem Be Part of the Solution?, Health Communications & Informatics ()
  • Private Cost Containment, 300 New England Journal of Medicine 1298 () (with Glenn Hackbarth)
  • Private Cost Containment -- Medical Practice Under Competition, Socioeconomic Issues in Health ()
  • The Antitrust Implications of Relative Value Studies in Medicine, 3 Journal of Health Politics Policy & Law 48 () (with Philip C. Kissam)
  • Advertising and Medical Ethics, in Encyclopedia of Bioethics ()
  • 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 ()
  • Professional Restraints on Innovation in Health Care Financing, 1978 Duke Law Journal 303-387 ()
  • The Role of Competition in Containing Health Care Costs, in Competition in the Health Care Sector ()
  • Controlling Health Care Costs: Strengthening the Private Sector's Hand, 1 Journal of Health Politics, Policy & Law 471 () (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 ()
  • Improving the Prospects for Innovation in Health Care Financing and Delivery, in Conference on the Antitrust Laws and the Health Care Industry ()
  • Legal Responses to the Problem of Poor-Quality Blood, in Blood Policy: Issues and Alternatives ()
  • 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 ()  (Appendix A) (Publication No. OS-77-004)
  • Medical Adversity Insurance -- Has Its Time Come?, 1975 Duke Law Journal 1233 ()
  • The Ethics of Cost Control in Medical Care, Soundings 22 ()
  • Ethical Safeguards in Research on Humans, in Philosophy & Tech. Drug Assessment (J. Cooper and H. Ley eds. (J. Cooper & H. Ley eds, )
  • Federal Regulation of the Health Care Delivery System -- A Foreword in the Nature of a "Package Insert", 6 University of Toledo Law Review 577 () (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 ()
  • Separate Views on the Artificial Heart, in Ethics and Health Policy (R. Veatch & R. Branson eds, )
  • Strategies in Underwriting the Costs of Catastrophic Disease, 40 Law and Contemporary Problems 122 () (with others)
  • Coping with Quality/Cost Trade-Offs in Medical Care: The Role of PSROs, 70 Northwestern University Law Review 6 () (with James F. Blumstein)
  • Professional Standards Review Organizations and Health Maintenance Organizations: Are They Compatible?, 1975 Utah Law Review 381 () (with Randall R. Bovbjerg)
  • "Medical Adversity Insurance" -- A No-Fault Approach to Medical Malpractice and Quality Assurance, 51  124 () (with Lawrence R. Tancredi)
  • Health Maintenance Organizations: Toward a Fair Market Test (with others) ()
  • 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., )
  • Appendix D: Separate Views of Professor Havighurst, in The Totally Implantable Artificial Heart (June 77-4 ()  (Publication No. OS-77-004)
  • Commentary on a Paper by Harold Green, in Ethical Issues in Human Genetics (B. Hilton ed, )
  • Compensating Persons Injured in Human Experimentation, 169  153 () (reprinted in Readings on Ethical and Social Issues in Biomedicine (Wertz ed., 1973))
  • Foreword: HMOs in Policy Prospective, in HMO Sourcebook vii ()
  • 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., )
  • Regulation of Health Facilities and Services by "Certificate of Need", 59 Virginia Law Review 1143-1232 () (summarized as Regulation of Health Institutions in Controls on Health Care 75-83 (1975)
     
  • Foreword (Health Care), 35 Law and Contemporary Problems 1-2 () (reprinted in Health Care (1972))
  • Franchising Experience from Other Industries and Its Relevance for the Health Field, in Management Memorandum on Hospital Franchising ()
  • The Quality of Advice, in Philosophy & Tech. Drug Assessment (J. Cooper ed. (J. Cooper ed., )
  • Foreword, 35 Law & Contemporary Problems 229 (Spring )
  • Health Maintenance Organizations and the Market for Health Services, 35 Law and Contemporary Problems 716 ()
  • Licensure and Its Alternatives, in Third Annual Duke Conference on Physician's Assistants ()
  • Foreword (Medical Progress and the Law), 32 Law and Contemporary Problems 561 ()
  • Contractual Aspects of the Pension Obligation, Pension & Welfare News 38 ()
  • The Continuing Inutility of Employee Stock Options in Closely Held Businesses, 18 Florida Law Review 251 () (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 ()

Issues Edited

Newspaper Articles and Commentary

  • The Health-Care Conspiracy of Silence, Wall Street Journal ()
  • How Trumpism Can Bust the Medical Trusts: A populist war on health monopolies would unleash competition and give patients more choices, Wall Street Journal ()
  • How Trumpism Can Bust the Medical Trust, Wall Street Journal ()
  • Who Pays for Health Insurance?, Wall Street Journal (, at A17) (with Barak D. Richman)
  • Antitrust Law: Cases Before High Court, National Law Journal (, at 7)
  • Unhealthy SubsidiesCato Unbound ()
  • Monopoly is Not the Answer, 24 Health Affairs () W5-373-75
  • Medical Liability Reform: The Case for Creativity, 5 DukeMed Magazine (42-43)
Clark C. Havighurst portrait

Clark C. Havighurst

Room: 4183
Havighurst@law.duke.edu
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