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SOURCE: Orentlicher D. The Oxford Handbook of Comparative Health Law 2021
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Textbook in PDF format 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. Editors’ Introduction to The Oxford Handbook of Comparative Health Law / Tamara K. Hervey and David Orentlicher PART I PARADIGMS OF HEALTHCARE SYSTEMS, LAW, AND REGULATION Paradigms of Healthcare Systems, Law, and Regulation: A Transatlantic Conversation / Alceste Santuari and William Sage PART II PREVENTING ILL HEALTH Introduction to Public Health Law / Wendy E. Parmet, Markus Frischhut, Amandine Garde, and Brigit Toebes Communicable and Other Infectious Diseases: The EU Perspective / Markus Frischhut Communicable Disease Law in the United States / Wendy E. Parmet US Law Relating to Noncommunicable Diseases / Wendy E. Parmet The Lack of Coherence in the European Union’s Approach to Noncommunicable Disease Prevention / Amandine Garde Socioeconomic Health Inequalities in Europe: The Role of Law and Human Rights / Brigit Toebes Social Determinants in the United States / Wendy E. Parmet PART III TREATING ILL HEALTH Access to the Healthcare System Introduction to Access to Healthcare / André den Exter, Mark A. Hall, Allison K. Hoffman, and Keith Syrett The American Pathology of Inequitable Access to Medical Care / Allison K. Hoffman and Mark A. Hall Access to Healthcare in Europe / André den Exter and Keith Syrett Regulation of Health Care Services, Facilities, and Transactions Introduction to Regulation of Professionals and Facilities / Deirdre Madden and Isaac D. Buck Regulation of Professionals and Facilities in Europe / Deirdre Madden Regulation of Professionals and Facilities in the United States / Isaac D. Buck Introduction to Antitrust and the Provision of Healthcare in the United States and European Union: Common Challenges / Thomas Greaney and Okeoghene Odudu Health Care Services and EU Competition Law / Okeoghene Odudu Healthcare Antitrust in the United States: The Intersection of Regulation and Competition / Thomas Greaney Introduction to Fraud and Abuse Law / Tracey A. Elliott and Joan H. Krause Fraud and Abuse Law in the United States / Joan H. Krause Healthcare Fraud and Abuse in Europe / Tracey A. Elliott The Treatment Relationship: Confidentiality, Consent, and Conflicts of Interest Privacy and Integrity of Medical Information / Sharona Hoffman and Jean Herveg Patient Autonomy, Capacity, and Consent: Children / Jessica Berg and Emma Cave Patient Autonomy, Capacity, and Consent: Vulnerable Adults / Mary Donnelly and Jessica Berg Introduction to Provider Conflicts of Interest in Health Care / Sunčana Roksandić and Richard S. Saver Provider Conflicts of Interest in US Healthcare: The Intractable Regulatory Challenge / Richard S. Saver Provider Conflicts of Interest in European Healthcare: Trustworthy Physicians / Sunčana Roksandić Medical Malpractice Medical Liability: Comparing Compensation Systems / Karl Harald Søvig and Barry Furrow PART IV REGULATING THE DEVELOPMENT AND USE OF MEDICAL TREATMENTS Human Experimentation and Research Introduction to Research with Human Participants / Carl H. Coleman Research with Human Participants in the European Union / David Shaw and David Townend Research with Human Participants in the United States / Carl H. Coleman Biobanks / Graeme T. Laurie and Carl H. Coleman Pharmaceutical and Medical Devices Law Introduction to Medical Products Law / Erika Lietzan, Aurélie Mahalatchimy, and Patricia J. Zettler Regulating Medicines in the United States / Erika Lietzan and Patricia J. Zettler Regulating Medicines in the European Union / Aurélie Mahalatchimy Regulating Medical Devices in the United States / Patricia J. Zettler and Erika Lietzan Regulating Medical Devices in the European Union / Aurélie Mahalatchimy Control, Use, and Allocation of Body Parts: Organs, Human Tissue, Blood Property in Human Body Parts: An Old Legal Question for a New Technological Age / Justine Pila Organ Transplantation / Joaquin Cayon-De Las Cuevas and David Orentlicher Introduction to Incomplete Commodification and Its Creeping Counterpart / Natalie Ram and Stéphanie Hennette Vauchez Incomplete Commodification in American Law / Natalie Ram Of Markets and Principles: The European Perspective / Stéphanie Hennette Vauchez Ethical and Legal Implications of Advances in Genetics Introduction to Genetics and the Law / Maxwell Mehlman, Mette Hartlev, and Sonia Suter Genetics and the Law: United States / Maxwell Mehlman and Sonia Suter Genetics and the Law: Europe / Mette Hartlev Genetics and the Law: Conclusion / Maxwell Mehlman, Mette Hartlev, and Sonia Suter PART V HEALTHCARE AT THE BEGINNING AND END OF LIFE Reproductive Rights Introduction to the Right to Procreate and Assisted Reproductive Technologies / I. Glenn Cohen and Emily Jackson The Right to Procreate and Assisted Reproductive Technologies in Europe / Emily Jackson The Right(s) to Procreate and Assisted Reproductive Technologies in the United States / I. Glenn Cohen Introduction to the Right to Avoid Procreation and the Regulation of Pregnancy / Janne Rothmar Herrmann and Elizabeth Sepper The Right to Avoid Procreation and the Regulation of Pregnancy: A European Perspective / Janne Rothmar Herrmann The Right to Avoid Procreation and the Regulation of Pregnancy: A US Perspective / Elizabeth Sepper The Law of Death and Dying Decisions at the End of Life / David Orentlicher and Judit Sándor Index
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