Health Law as Private Law: Pathology or Pathway

Editors: I. Glenn Cohen, Susannah Baruch, Wendy Netter Epstein, Christopher Robertson, and Carmel Shachar
Publisher: Cambridge University Press
Publication Date: March 2025
This edited volume is based on the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School’s annual conference: “Health Law as Private Law.” This conference explored the intersection of private law and health care, especially regarding how private law can be a tool for achieving health care reform or addressing a significant health care or public health problem.
This conference was organized in collaboration with Wendy Netter Epstein, Professor of Law and Associate Dean of Research and Faculty Professional Development at DePaul University College of Law and Visiting Professor at Arizona Law, and Christopher Robertson, N. Neal Pike Scholar and Professor of Law at Boston University School of Law.
From the Publisher:
“Health Law as Private Law delves into the complex relationship between private law and health care. During the COVID-19 pandemic, the importance of public ordering and state-created rules was evident, yet this work reveals the equally important role of private agreements in shaping health care policy. The volume’s five sections – theory and structure, reproductive care, costs and financing, innovation and institutions, contracts and torts – include innovative conceptualizations and approaches to applying private law to health law. Chapters authored by leading experts explore how private law can be utilized to address significant health care and public health problems, and to achieve much-needed health care reform. Comprehensive and timely, Health Law as Private Law opens new pathways that will influence future policy, jurisprudence, and regulation. This title is also available as open access on Cambridge Core.“