Chapter 1.D.1--Competing Paradigms

Gregg Bloche’s article, The Invention of Health Law, was published in 91 Cal. L. Rev. 247 (2003).  For an argument that the law respects and supports professionalism, but is less deferential to physicians than in the past, see  Sara Rosenbaum, The Impact of United States Law on Medicine as a Profession, 289 JAMA 1546 (2003).  For broad overviews of the field of health law, see Symposium, Rethinking Health Law, 41 Wake Forest L. Rev. 341-618 (2006); Mark A. Hall, The history and future of health care law: an essentialist view, 41 Wake Forest L. Rev. 347-364 (2006); Einer R. Elhauge, Can health law become a coherent field of law? 41 Wake Forest L. Rev. 365-390 (2006); Henry T. Greely,  Some thoughts on academic health law, 41 Wake Forest L. Rev. 391-409 (2006); The Law-Medicine Center 50th Anniversary Symposium: The Field of Health Law: Its Past and Future, 14 Health Matrix 1 (2004); Mark A. Hall and Carl E. Schneider, Where is the "there" in health law? Can it become a coherent field?, 14 Health Matrix 101 (2004); Ken Wing, Letter to the editors of Health Matrix, 14 Health Matrix 237 (2004); Timothy Jost, The Uses of the Social Transformation of American Medicine: The Case of Law, 29 J. Health Politics, Policy & L. 799 (2004).
 

Chapter 1.D.2--Ethics, Empirics, and Narrative

For additional critique of the autonomy paradigm, see Dworkin, Roger B. Getting what we should from doctors: rethinking patient autonomy and the doctor-patient relationship. 13 Health Matrix 235-296 (2003).  An excellent article developing a new model is Rebecca Kukla, Conscientious Autonomy: Displacing Decision in Health Care, 35(2) Hastings Center Rep. 34-44 (March 2005).

On teaching bioethics generally, see Roger B. Dworkin, Bioethics? The Law and Biomedical Advance, 14 Health Matrix 43 (2004). 
The NIH maintains a website for Bioethics Resources on the Web.

An excellent narrative account of what it is like to go through a medical residency in a large-city hospital ran in the New York Times, Nov. 14-17, 1999 (reporter N.R. Kleinfield).  It contains discussions of EMTALA and pharmaceutical company sales tactics, among other topics.  For a gripping account by a law professor who underwent a heart transplant, of why advance directives should not be conclusive, see Louis J. Sirico, Jr., Life and Death: Stories of a Heart Transplant Patient, Real Property, Probate & Trust J. 554  (2002).  See also Elizabeth A. Pendo, Images of Health Insurance in Popular Film: the Dissolving Critique, 37 J. Health L. 267 (2004); Stacey A. Torino, Incorporating Literature into a Health Law Curriculum, 9 MSU J. Medicaine & L. 213 (2005).
 

Chapter 1.D.3--Feminist and Critical Race Perspectives

Several articles analyze what legal actions might result from the documented pattern of differential treatment of minorities:  Mary A. Crossley, Infected Judgment: Legal Responses to Physician Bias, 48 Villanova L. Rev. 195 (2003);  Michael Shin, Redressing Wounds: Finding a Legal Framework to Remedy Racial Disparities in Medical Care 90 Calif. L. Rev. 2047 (2002); Dayna Bowen Matthew, A New Strategy to Compabe Racial Inequality in American Health Care Delivery, 9 Depaul J. Health Care L. 793 (2005).  Another article argues that informed consent and the 13th Amendment require physicians to tell minority patients about the risk of disparate treatment so they have an opportunity to get a second opinion or change physicians if they want.  Larry J. Pittman, A Thirteenth Amendment challenge to both racial disparities in medical treatments and improper physicians' informed consent disclosures, 48 St. Louis U. L.J. 131-189 (2003)

For a skeptical review of the evidence pointing to discrimintion, see Richard A. Epstein, Disparities and Discrimination in Health Care Coverage: A Critique of the Institute of Medicine Study, U Chicago Law & Economics, Olin Working Paper No. 208 (March 2004).  One major study found that, overall, blacks and hispanics received slightly better care than whites.  Steven M. Asch, et al., Who is at Greatest Risk for Receiving Poor-Quality Health Care?, 354 New Eng. J. Med. 1147 (2006).

Questioning the legitimacy of using racial categories in medical care and research, see Erik Lillquist and Charles A. Sullivan, The Law and Genetics of Racial Profiling in Medicine, 39 Harvard Civil Rights-Civil Liberties L. Rev. 393 (2004); Johnathan Kahn, How a Drug Becomes "Ethnic": Law, Commerce and the Production of Racial Categories in Medicine, 4 Yale J. Health Policy L. & Ethics 1 (2004); Sharona Hoffman, "Racially-tailored" medicine unraveled, 55 Am. U. L. Rev. 395-456 (2005) ("'race-based' medicine might violate numerous anti-discrimination provisions contained in federal law, state law, and federal research regulations and guidelines"); Jonathan Kahn, From Disparity to Difference: How Race-Specific Medicine May Undermine Policies to Address Inequalities in Health Care, 15 So. Cal. Interdisc. L. J. 105 (2005).

For narrative accounts by doctors who reflect on the impact of racial discrimination, see Vanessa N. Gamble, Subcutaneous Scars, 19(1) Health Aff. 164 (Jan. 2000), and Neil S. Calman,Out of the Shadow, 19(1) Health Aff. 170 (Jan. 2000).

The following are useful government and university web sites relating to civil rights in health care:
The Initiative to Eliminate Racial and Ethnic Disparities in Health
The Office of Minority Health Resource Center
Minority Health Project, University of North Carolina

For additional analysis of these issues, see Symposium: Unequal Treatment: Racial and Ethnic Disparities in Health Care, 48 St. Louis  U. L.J. 1 (2003); Symposium: Inequities in Healthcare. 29 Am. J.L. & Med. 151-421 (2003); Lias Ikemoto, Racial Disparities in Health Care and Cultural Competency, 48 St. Louis U. L. J. 75 (2003); 353 New Eng. J. Med. 727 (literature review of articles on racial disparities).
 

Chapter 1.D.4--Economics

The Federal Trade Commission held an extensive set of hearings in 2003-2004 on Health Care Competition Law and Policy, resulting in a comprehensive report, 
Improving Health Care: A Dose of Competition (July 2004).

Discussing regulatory issues generally, see Timothy S. Jost, Health Law and Administrative Law: A Marriage Most Convenient, 49 St. Louis U. L. J. 1 (2004).

 Advocating a market-based approach to health care reform, see Michael F. Cannon & Micahel D. tanner, Healthy Competition (2005).

Chapter 1.D.5--Rationing and Distributive Justice

For a thorough treatment of communitarian thinking as it applies to health care reform and rationing, see Kevin P. Quinn, Viewing Health Care as a Common Good: Looking Beyond Political Liberalism, 73 S. Cal. L. Rev. 277 (2000).  Norman Daniels' and James Sabin's recent work on rationing is collected in Setting Limits Fairly: Can we Learn to Share Medical Resources (2002).  They develop fair procedures for priority setting, in the absence of societal agreement on substantive criteria for resource allocation.  Arguing against explicit rationing, see Theodore R. Marmor & David Boyum, Medical Care and Public Policy: The Benefit and burdens of Asking Fundamental Questions, 49 Health Policy 27 (1999).

For an update and extension of their classic work, see Henry J. Aaron & Wm. B. Scwhart, Can We Say No? The Challenge of Rationing Health Care (2005).

Applying institutional analysis to the role of courts in health policy, see William M. Sage, Unifinished Business: How Litigation Relates to health Care Regulation, 28 J. Health Politics Policy & L. 387 (2003).

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