Health Law Policy

  • Read more: Where Are We Now: Post 4, Looking in the Mirror, or 3 Games in Public Health

    Where Are We Now: Post 4, Looking in the Mirror, or 3 Games in Public Health

    By Scott Burris In a well-known exchange, Richard Epstein argued that modern public health had strayed far outside its traditional and proper work of preventing epidemics and injuries into a realm of social engineering in which it lacked both competence and legitimacy. William Novak, the historian, disagreed, emphasizing the continuity of our public quest for…

  • Read more: Elhauge on The Best Way to Reform Health Care—and Cut the Deficit

    Elhauge on The Best Way to Reform Health Care—and Cut the Deficit

    Professor Einer Elhauge has a new article out in the Daily Beast today about an easy reform that could save thousands of lives and hundreds of billions of dollars, all without a political fight: defragmenting health care.  Take a look!

  • Read more: Where Are We Now: Post 3, The Agony (and Potential Ecstasy) of Defeat

    Where Are We Now: Post 3, The Agony (and Potential Ecstasy) of Defeat

    By Scott Burris Law has been an extremely effective mode of public health intervention in the last thirty years, which means that proponents of its use have won more than a few tough political battles.  Nonetheless, it is hard to escape the fact that, in recent years, the public health side has been getting killed…

  • Read more: Upcoming Event 01/17 – Food & Drug Law: Past, Present & Future

    Upcoming Event 01/17 – Food & Drug Law: Past, Present & Future

    SAVE THE DATE! Food & Drug Law: Past, Present & Future Celebrating Peter Barton Hutt’s 20 Years (thus far) at HLS Thursday, January 17, 2013 Wasserstein 2019; Milstein West AB Harvard Law School 4:00pm (reception to follow at 5:30) Peter Barton Hutt has worked at the Washington, DC law firm of Covington & Burling, specializing in…

  • Read more: Who Pays? The Wage-Insurance Trade-off and Corporate Religious Freedom Claims

    Who Pays? The Wage-Insurance Trade-off and Corporate Religious Freedom Claims

    By Elizabeth Sepper Happy new year to all and thanks to the Bill of Health for the opportunity to blog this month! The first day of 2013 saw yet another ruling in the contraception coverage controversy.  And yet another private corporation—this time a real estate management company owned by the billionaire founder of Domino’s pizza—won…

  • Read more: Elhauge on Solving the Patent Settlement Puzzle

    Elhauge on Solving the Patent Settlement Puzzle

    Founding Director of the Petrie-Flom Center, Professor Einer Elhauge, has just published an article with co-author Alex Krueger on an issue that the Supreme Court just granted certiorari on in FTC v. Watson: the proper antitrust analysis of reverse payment patent settlements.  In such settlements, the alleged infringer receives a payment and agrees to stay…

  • Read more: Researchers to Lawmakers: Naloxone Distribution to Prevent Overdose Death is Cost-Effective

    Researchers to Lawmakers: Naloxone Distribution to Prevent Overdose Death is Cost-Effective

    By Scott Burris Phil Coffin and Sean Sullivan have published a cost-effectiveness study of interventions that equip heroin users and others to administer naloxone in the event of a witnessed opioid overdose.  Naloxone is the standard antidote, and can easily be administered by lay people with a minimum amount of training.  Family members and friends…

  • Read more: Where Are We Now: Post 2, The Thrill of Victory

    Where Are We Now: Post 2, The Thrill of Victory

    By Scott Burris Between budget cuts and “nanny state” attacks, it’s easy to feel that public health is a perennial political loser.  As for the courts, the first two constitutional amendments alone are throwing up enough barriers to reasonable health regulation to keep us on the defensive for years. In this series of posts about…

  • Read more: Prohibitions on Egg and Sperm Donor Anonymity and the Impact on Surrogacy

    Prohibitions on Egg and Sperm Donor Anonymity and the Impact on Surrogacy

    By Gaia Bernstein [cross-posted from Concurring Opinions] Egg and sperm donations are an integral part of the infertility industry. The donors are usually young men and women who donate relying on the promise of anonymity. This is the norm in the United States. But, internationally things are changing. A growing number of countries have prohibited egg…

  • Read more: The State of Public Health Law: Post I, “Who Am I? Why am I Here?”

    The State of Public Health Law: Post I, “Who Am I? Why am I Here?”

    By Scott Burris Early in January, Lindsay Wiley and the Network for Public Health Law will convene a group of health law professors and (and a few colleagues from public health law practice) in Washington.  They will be spending a couple of days advancing a conversation about how academic health lawyers can make a bigger…