The U.S. Global Health Initiative (GHI) represents the Obama administration’s new strategy for international development assistance in health. With a pledge of $63 billion over six years, GHI aims to fund PEPFAR and a set of broader global health issues (e.g., maternal and child health,...

This Article examines state constitutions and health care rights. Notably, close to a third of states' constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but...

This chapter provides a broader view of the development of international laws impacting the protection of drugs from the lens of patents as either a privilege or a right. In particular, this chapter demonstrates how domestic and international laws and policies impacting access to medicine is a...

This article analyzes the difficulties surrounding justiciability of the right to health care in Nigeria and the implications for access issues. It argues that claims denying justiciability on the grounds of an absence of a legal foundation and/or paucity of resources are misplaced. This...

Direct primary care is a promising, market-based alternative to the fee-for-service payment structure that shapes doctor–patient relationships in America. Instead of billing patients and insurers service by service, direct primary care doctors charge their patients a periodic, prenegotiated...

The right to health has many dimensions. On the one hand, it entails positive duties for states to protect the health of individuals. On the other, it encompasses patient decision making regarding personal health, an idea which is closely linked to the right to autonomy and the right to free...

In the EU harmonisation of healthcare has long been elusive. Article 168 paragraph 7 TFEU even forms a sector-specific subsidiarity clause. Meanwhile the ECJ handed down a series of judgments concerning patients' rights to reimbursement for healthcare consumed in other Member States. An initial...

There are inadequate consumer protections from harmful medical billing practices that result in unavoidable, unexpected, and often financially devastating medical bills. The problem stems from increasing cost shifting to patients underway in American health care and the inordinate complexity...

A versão em português deste texto está disponível em: "http://ssrn.com/abstract=2441607" http://ssrn.com/abstract=2441607 La versione italiana di questo documento è disponibile all'indirizzo: "http://ssrn.com/abstract=2607031" http://ssrn.com/abstract=2607031La versión en español de este...

The medical community often argues that physician fear of legal liability increases health care spending. Theoretically, though, the effect could be positive or negative, and empirical evidence has supported both cases. Previous empirical work, however, has ignored the fact that physicians face...