Public policy responses to escalating medical costs and constrained access pose fundamental challenges to health care law. Profound medical advances also generate many ethical dilemmas. This authoritative discussion considers how law and ethics respond to these driving social, economic, and political forces of innovation, crisis, and reform. Topics include health care finance and delivery structures, treatment relationships, facility and insurance regulation, corporate and tax law, refusal of life support, organ donation, and reproductive technologies.

Health Care Law and Ethics in a Nutshell (Nutshells)

Hall, Mark

Orentlicher, David

Ellman, Ira

Health & Medical Law

West Academic Publishing

Matters of Life and Death: Making Moral Theory Work in Medical Ethics and the Law.

Philosophical debates over the fundamental principles that should guide life-and-death medical decisions usually occur at a considerable remove from the tough, real-world choices made in hospital rooms, courthouses, and legislatures. David Orentlicher seeks to change that, drawing on his extensive experience in both medicine and law to address the translation of moral principle into practice--a move that itself generates important moral concerns.
 Orentlicher uses controversial life-and-death issues as case studies for evaluating three models for translating principle into practice. Physician-assisted suicide illustrates the application of ''generally valid rules,'' a model that provides predictability and simplicity and, more importantly, avoids the personal biases that influence case-by-case judgments. The author then takes up the debate over forcing pregnant women to accept treatments to save their fetuses. He uses this issue to weigh the ''avoidance of perverse incentives,'' an approach to translation that follows principles hesitantly for fear of generating unintended results. And third, Orentlicher considers the denial of life-sustaining treatment on grounds of medical futility in his evaluation of the ''tragic choices'' model, which hides difficult life-and-death choices in order to prevent paralyzing social conflict.
 Matters of Life and Death is a rich and stimulating contribution to bioethics and law. It is the first book to examine closely the broad problems of translating principle into practice. And by analyzing specific controversies along the way, it develops original insights likely to provoke both moral philosophers and those working on thorny issues of life and death.

Medical Books

Princeton University Press

Philosophical debates over the fundamental principles that should guide life-and-death medical decisions usually occur at a considerable remove from the tough, real-world choices made in hospital rooms, courthouses, and legislatures. David Orentlicher seeks to change that, drawing on his extensive experience in both medicine and law to address the translation of moral principle into practice-a move that itself generates important moral concerns. Orentlicher uses controversial life-and-death issues as case studies for evaluating three models for translating principle into practice. Physician-assisted suicide illustrates the application of "generally valid rules" a model that provides predictability and simplicity and, more importantly, avoids the personal biases that influence case-by-case judgments. The author then takes up the debate over forcing pregnant women to accept treatments to save their fetuses. He uses this issue to weigh the "avoidance of perverse incentives" an approach to translation that follows principles hesitantly for fear of generating unintended results. And third, Orentlicher considers the denial of life-sustaining treatment on grounds of medical futility in his evaluation of the "tragic choices" model, which hides difficult life-and-death choices in order to prevent paralyzing social conflict. Matters of Life and Death is a rich and stimulating contribution to bioethics and law. It is the first book to examine closely the broad problems of translating principle into practice. And by analyzing specific controversies along the way, it develops original insights likely to provoke both moral philosophers and those working on thorny issues of life and death.

Ethics & Professional Responsibility

Health Care Law and Ethics is the definitive casebook for covering all aspects of the dynamic field of health care law, including thought-provoking discussions of topical and controversial subject such as gene patenting and DNA banks. Its relationship-oriented approach is accessible and builds logically from ethics of the patient/provider relationship through to state and institutional involvement in health care. Drawing on current and classic case law, this text is appropriate for survey and specialized law school classes on health care law. The three soft-bound "splits", covering medical malpractice and treatment relationships; bioethics and public health and regulation; and insurance law and corporate law, make the material readily adaptable for more specialized course focus. The Eighth Edition has been thoroughly updated and includes new material on all aspects of the controversial Affordable Care Act, new case law and discussion of legislative responses to developments in biotech, and updates for HIPPA and the international aspects of public health. Features: <ul>
<li> Comprehensive coverage of key areas of health care law, including: </li> <li> Health care reform. </li> <li> Federalism and constitutional issues. </li> <li> Consumer-driven health care and health savings accounts. </li> <li> Prescription drug coverage. </li> <li> Accountable care organizations. </li> <li> Medical malpractice reform. </li> <li> Physician aid in dying. </li> <li> Genetics. </li> <li> Integrates public health and ethics issues and features clear notes that provide context, smooth transitions between cases, and background information. </li> <li> Relationship-oriented organization flows from provider/patient to provider/patient/state to provider/state/institutions. </li> <li> Highly sophisticated yet accessible treatment of current case law, trends, and issues. </li> <li> Adaptable for survey or specialized courses. </li> <li> 3 soft-bound "splits" focus on coverage of: </li> <li> Medical malpractice and treatment relationships. </li> <li> Bioethics and public health. </li> <li> Regulation, insurance and corporate law. </li> </ul>
 The revised Eighth Edition has been thoroughly updated to include: <ul>
<li> Coverage of the Affordable Care Act, including: </li> <li> Overview and politics of enactment. </li> <li> Constitutional challenges. </li> <li> Insurance exchanges and regulation. </li> <li> Medicaid expansions and Medicare amendments. </li> <li> Accountable care organizations. </li> <li> Comparative effectiveness studies. </li> <li> Cost containment. </li> <li> Updated coverage of all topics, including end-of-life. </li> <li> Recent developments and case law in biotech, including: </li> <li> Stem-cell research (Sherley v. Sebelius). </li> <li> Patenting genes (Ass'n. for Molecular Pathology v. U.S. Patent and Trademark Office). </li> <li> DNA biobanks. </li> <li> New discussions of confidentiality and informed consent, including HIPPA coverage and enforcement, and research on DNA and biobanks. </li> <li> Legislative and judicial responses to posthumous reproduction and anonymity for gene donors, and the challenges of international reproductive tourism. </li> <li> Updated coverage of: </li> <li> PrEP (pre-exposure prophylaxis) for persons at risk for HIV infection. </li> <li> Public health measures and legislation related to obesity and nutrition. </li> <li> International aspects of public health, including the Millennium Goals, WHO reform, and efforts to improve global health governance. </li> </ul>

Health Care Law and Ethics

Bobinski, Mary Anne

Hall, Mark A.

Administrative Law

Wolters Kluwer/Law & Business

As this book enter its fifth decade, we pause to reflect on the remarkable metamorphosis of health care law from a subspecialty of tort law to a mushrooming academic and practice field whose tentacles reach into myriad scholarly disciplines and areas of substantive law. Each of this book's five prior editions reflects an important stage in this evolutionary growth.

Business & Money

Business Culture

Aspen Law & Business

This volume reprints and updates materials from the 2003 edition of Health Care and Ethics. Hall (law and public health, Wake Forest U.), Bobinski (law, U. of British Columbia) and Orentlicher (law, Indiana U. School of Law) promote a conceptualization of health care law that is organized around patient/physician relationships, state oversight of doctors and patients, and the institutions surrounding treatment relationships. The authors develop the themes of quality, ethics, access and cost throughout these three topics. They use two overview cases, In re Baby K and Wickline v. State, to illustrate the concepts discussed. Annotation ©2004 Book News, Inc., Portland, OR (booknews.com)

Medical Liability And Treatment Relationships

ASPEN PUB.

Bioethics and Public Health Law, Second Edition, integrates public health and bioethics into a focused casebook that is ideal for Health Law courses. Clear notes provide context, ensure smooth transitions between cases, and provide background information. The authors website features updates of important events and links to Internet resources. The text blends updated material from Part II of their popular survey book, Health Care Law and Ethics, Seventh Edition, with additional information specific to these topics: The duty to treat and wrongful reasons to reject patients Discrimination Informed consent and experimentation Fiduciary duty The right to health care Intellectual property and the ownership of genetic discoveries Disaster Planning and Bioterrorism Preparedness
 New to the Second Edition: Ashcroft s challenge to Oregon s assisted suicide law Gonzales v. Carhart-the Supreme Court s landmark abortion decision The D.C. Circuit s Abigail Alliance decision, regarding the constitutionality of FDA regulation Greenberg v. Miami Children s Hospital Research Institute, regarding ownership of human tissue New developments in organ allocation policy
 Expect focused coverage of bioethics and public health law-including timely cutting-edge topics from the authors who brought you Health Care Law and Ethics, Seventh Edition.

Bioethics and Public Health Law

Medicine

Hall (law and public health, Wake Forest U.) is joined by law scholars Mary Anne Bobinsky (U. of British Columbia) and David Orentlicher (Indiana U.) to abstract from the 2003 sixth edition of Health Care Law and Ethics material focusing on health care organizations, finance, and regulation. They include updates through August 2004, and additional materials on selected topics. Material was selected to illustrate attributes of the medical enterprise that make it uniquely important or difficult in the legal domain. Annotation ©2004 Book News, Inc., Portland, OR (booknews.com)

The Law of Health Care Finance and Regulation

Aspen Publishers

“Many Americans are unsatisfied with politics. Simultaneously, we are hesitant to question the basic soundness of our constitutional system. In this refreshingly provocative book, David Orentlicher explains why it is due time for us to reconsider dominant ideas about the presidency, now arguably our most powerful political institution. Challenging the conventional wisdom that the best executive is necessarily a unitary executive, Orentlicher makes a wonderful case for why ‘two presidents are better than one.’ Sure to be of interest to political scientists, legal scholars, as well as informed citizens justifiably worried about the fate of American democracy, this fascinating book dares to challenge everything you thought you knew about one of our favorite political institutions.” —William E. Scheuerman, Indiana University 
“Can Orentlicher be serious in calling for a plural executive? The answer is yes, and he presents thoughtful and challenging arguments responding to likely criticisms. Any readers who are other than completely complacent about the current state of American politics will have to admire Orentlicher’s distinctive audacity and to respond themselves to his well-argued points.” —Sanford Levinson, author of Framed: America’s 51 Constitutions and the Crisis of Governance 
When talking heads and political pundits make their “What’s Wrong with America” lists, two concerns invariably rise to the top: the growing presidential abuse of power and the toxic political atmosphere in Washington. In Two Presidents Are Better Than One, David Orentlicher shows how the “imperial presidency” and partisan conflict are largely the result of a deeper problem—the Constitution’s placement of a single president atop the executive branch. Accordingly, writes Orentlicher, we can fix our broken political system by replacing the one person, one-party presidency with a two-person, two-party executive branch. 
Orentlicher contends that our founding fathers did not anticipate the extent to which their checks and balances would fail to contain executive power and partisan discord. They also did not foresee how the imperial presidency would aggravate partisan conflict. As the stakes in presidential elections have grown ever higher since the New Deal, battles to capture the White House have greatly exacerbated partisan differences. Had the framers been able to predict the future, Orentlicher argues, they would have been far less enamored with the idea of a single leader at the head of the executive branch and far more receptive to the alternative proposals for a plural executive that they rejected. Like their counterparts in Europe, they might well have created an executive branch in which power is shared among multiple persons from multiple political parties. 
Analyzing the histories of other countries with a plural executive branch and past examples of bipartisan cooperation within Congress, Orentlicher shows us why and how to implement a two-person, two-party presidency. Ultimately, Two Presidents Are Better Than One demonstrates why we need constitutional reform to rebalance power between the executive and legislative branches and contain partisan conflict in Washington.

Two Presidents Are Better Than One: The Case for a Bipartisan Executive Branch

Politics & Social Sciences

Politics & Government

NYU Press

See the best price to sell, buy, or rent books by Orentlicher, David. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Orentlicher, David

See the best price to sell, buy, or rent books by Orentlicher, David. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Health Care Law and Ethics in a Nutshell (Nutshells)

Matters of Life and Death: Making Moral Theory Work in Medical Ethics and the Law.

Matters of Life and Death: Making Moral Theory Work in Medical Ethics and the Law.

Health Care Law and Ethics

Health Care Law and Ethics

Medical Liability And Treatment Relationships

Bioethics and Public Health Law

The Law of Health Care Finance and Regulation

Bioethics and Public Health Law

Two Presidents Are Better Than One: The Case for a Bipartisan Executive Branch