Epstein on Health Law and Policy

David A. Hyman

The Journal of Legal Studies, 2021, vol. 50, issue S2, S199 - S217

Abstract: Richard Epstein is not known for his work on health law and policy. But in over 50 years in academics, he has written two books, 63 articles and book chapters, and a staggering number of op-eds and blog postings on a diverse array of health law and policy topics, ranging from medical malpractice and pharmaceuticals to obesity, organ sales, patient dumping, and privacy. This article focuses on Epstein’s contribution to three areas of health law and policy: medical malpractice, pharmaceuticals, and health reform. It shows that Epstein’s take on all three issues flows directly from his general worldview about the superiority of private judgment and voluntary transactions compared with coercive top-down command and control schemes.

Date: 2021
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