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The Oxford Handbook of Comparative Health Law

The Oxford Handbook of Comparative Health Law

Author: David Orentlicher; Tamara K. Hervey
Publisher: Oxford University Press
ISBN: 9780190846756
Published In: October 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective.

In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made.

This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.

1. Editors' Introduction to The Oxford Handbook of Comparative Health Law / Tamara Hervey, David Orentlicher

Part I. Paradigms of Healthcare Systems, Law and Regulation

2. Paradigms of Healthcare Systems, Law and Regulation: A Transatlantic Conversation / Alceste Santuari, William M. Sage

Part II. Preventing Ill Health

3. Introduction to Public Health Law / Wendy E. Parmet, Markus Frischhut, Amandine Garde, Brigit Toebes

4. Communicable and Other Infectious Diseases: The EU Perspective / Markus Frischhut

5. Communicable Disease / Wendy E. Parmet

6. U.S. Law Relating to Non-Communicable Diseases / Wendy E. Parmet

7. The Lack of Coherence in the European Union's Approach to Non-Communicable Disease Prevention / Amandine Garde

8. Socio-Economic Health Inequalities in Europe: The Role of Law and Human Rights / Brigit Toebes

9. Social Determinants in the United States / Wendy E. Parmet

Part III. Treating Ill Health

Access to the Health Care System

10. Introduction to Access to Health Care / André den Exter, Mark A. Hall, Allison K. Hoffman, Keith Syrett

11. The American Pathology of Inequitable Access to Medical Care / Allison K. Hoffman, Mark A. Hall

12. Access to Health Care in Europe / André den Exter, Keith Syrett

Regulation of Health Care Services, Facilities, and Transactions

13. Introduction to Regulation of Professionals and Facilities / Deirdre Madden, Isaac D. Buck

14. Regulation of Professionals and Facilities in Europe / Deirdre Madden

15. Regulation of Professionals and Facilities in the United States / Isaac D. Buck

16. Introduction to Antitrust and the Provision of Health Care in the United States and European Union: Common Challenges / Thomas Greaney, Okeoghene Odudu

17. Health Care Services and EU Competition Law / Okeoghene Odudu

18. Healthcare Antitrust in the United States: The Intersection of Regulation and Competition / Thomas Greaney

19. Introduction to Fraud and Abuse Law / Tracey A. Elliott, Joan H. Krause

20. Fraud and Abuse Law in the United States / Joan H. Krause

21. Healthcare Fraud and Abuse in Europe / Tracey A. Elliott

The Treatment Relationship: Confidentiality, Consent, and Conflicts of Interest

22. Privacy and Integrity of Medical Information / Sharona Hoffman, Jean Herveg

23. Patient Autonomy, Capacity, and Consent: Children / Jessica Berg, Emma Cave

24. Patient Autonomy, Capacity, and Consent: Vulnerable Adults / Mary Donnelly, Jessica Berg

25. Introduction to Provider Conflicts of Interest in Health Care / Suncana Roksandic, Richard S. Saver

26. Provider Conflicts of Interest in U.S. Health Care: The Intractable Regulatory Challenge / Richard S. Saver

27. Provider Conflicts of Interest in European Health Care: Trustworthy Physicians / Suncana Roksandic

Medical Malpractice

28. Medical Liability: Comparing Compensation Systems / Karl Harald Sovig, Barry Furrow

Part IV. Regulating the Development and Use of Medical Treatments

Human Experimentation and Research

29. Introduction to Research with Human Participants / Carl H. Coleman

30. Research with Human Participants in the European Union / David Townend, David Shaw

31. Research with Human Participants in the United States / Carl H. Coleman

32. Biobanks / Graeme T. Laurie, Carl H. Coleman

Pharmaceutical and Medical Devices Law

33. Introduction to Medical Products Law / Erika Lietzan, Aurélie Mahalatchimy, Patricia J. Zettler

34. Regulating Medicines in the United States / Erika Lietzan, Patricia J. Zettler

35. Regulating Medicines in the European Union / Aurélie Mahalatchimy

36. Regulating Medical Devices in the United States / Patricia J. Zettler, Erika Lietzan

37. Regulating Medical Devices in the European Union / Aurélie Mahalatchimy

Control, Use, and Allocation of Body Parts: Organs, Human Tissue, Blood

38. Property in Human Body Parts: An Old Legal Question for a New Technological Age / Justine Pila

39. Organ Transplantation / Joaquin Cayon-De Las Cuevas, David Orentlicher

40. Introduction to Incomplete Commodification and Its Creeping Counterpart / Stéphanie Hennette Vauchez, Natalie Ram

41. Incomplete Commodification in American Law / Natalie Ram

42. Of Markets and Principles: The European Perspective / Stéphanie Hennette Vauchez

Ethical and Legal Implications of Advances in Genetics

43. Introduction to Genetics and the Law / Maxwell Mehlman, Mette Hartlev, Sonia Suter

44. Genetics and the Law: United States / Maxwell Mehlman, Sonia Suter

45. Genetics and the Law: Europe / Mette Hartlev

46. Genetics and the Law: Conclusion / Maxwell Mehlman, Mette Hartlev, Sonia Suter

Part V. Health Care at the Beginning and End of Life

Reproductive Rights

47. Introduction to the Right to Procreate and Assisted Reproductive Technologies / I. Glenn Cohen, Emily Jackson

48. The Right to Procreate and Assisted Reproductive Technologies in Europe / Emily Jackson

49. The Right(s) to Procreate and Assisted Reproductive Technologies in the United States / I. Glenn Cohen

50. Introduction to the Right to Avoid Procreation and the Regulation of Pregnancy / Janne Rothmar Herrmann, Elizabeth Sepper

51. The Right to Avoid Procreation and the Regulation of Pregnancy: A European Perspective / Janne Rothmar Herrmann

52. The Right to Avoid Procreation and the Regulation of Pregnancy: A U.S. Perspective / Elizabeth Sepper

The Right and "Duty" to Die

53. Decisions at the End of Life / David Orentlicher, Judit Sándor

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