Bibliography

Clark C. Havighurst

Books

Health Care Law and Policy: Readings, Notes and Questions (2d ed. 1998) (with James F. Blumstein & Troyen A. Brennan).
Health Care Choices: Private Contracts as Instruments of Health Reform (1995).
Deregulating the Health Care Industry: Planning for Competition (1982).
Competition in a Regulated Health Care System: A Study for the Federal Trade Commission (1977).
Regulating Health Facilities Construction: Proceedings of a Conference on Health Planning, Certificates of Need and Market Entry (ed., 1974).
Deferred Compensation for Key Employees (1964).

Supplements and Revisions

2002-03 Supplement to Health Care Law and Policy: Readings, Notes, and Questions (2d ed. 1998) (with James F. Blumstein & Troven A. Brennan).

Articles

Contesting Anticompetitive Actions Taken in the Name of the State: State Action Immunity and Health Care Markets, 31 Journal of Health Politics, Policy & Law 587-607 (2006)
Distributive Injustice(s) in American Health Care, 69 Law & Contemporary Problems 7-82 (Autumn 2006) (with Barak D. Richman)
Foreword: Health Policy’s Fourth Dimension, 69 Law & Contemporary Problems 2-6 (Autumn 2006) (with Barak D. Richman)
Libertarian Health Policy, 25 Health Affairs 1740-41 (2006) (reviewing Michael F. Cannon & Michael D. Tanner, Healthy Competition: What's Holding Back Health Care and How to Free It (Cato Institute, 2005))
Reviving Managed Health Care with Health Savings Accounts, 24 Health Affairs 1490-1500 (2005) (with Mark A. Hall)
I’ve Seen Enough! My Life and Times in Health Care Law and Policy, 14 Health Matrix 107-130 (2004).
An Apology for Professionalist Regimes, 28 Journal of Health Politics, Policy and Law 159-63 (2003) (reviewing Eliot Freidson, Professionalism: The Third Logic).
Special Editor, Symposium: Is the Health Care Revolution Finished?, 65 Law & Contemporary Problems (Autumn 2002).
Foreword: Is the Health Care Revolution Finished,? 65 Law & Contemporary Problems 1-9 (Autumn 2002).
How the Health Care Revolution Fell Short, 65 Law & Contemporary Problems 55-101 (Autumn 2002).
Consumers Versus Managed Care: The New Class Actions, 20 Health Aff. 8 July/Aug. (2001).
Evidence: Its Meanings In Health Care and In Law, 26 J. Health Pol. 195 (2001).
Health Care As a (Big) Business: The Antitrust Response, 26 J. Health Pol. 939 (2001).
The Backlash Against Managed Health Care: Hard Politics Make Bad Policy, 34 Ind. L. Rev. 395 (2001).
Freedom of Contract: The Unexplored Path to Heath Care Reform, in American Health Care: Government, Market Processes and the Public Interest (2000).
Vicarious Liability: Relocating Responsibility for the Quality of Care, 26 Am. J.L. & Med. 7 (2000).
American Health Care and the Law -- We Need to Talk!, 19 Health Aff. (July-Aug. 2000).
Legal Issues in Collaboration, in Collaboration Among Competing Managed Care Organizations for Quality Improvement 9 (1999).
Foreword: Managed Care --Work in Progress or Stalled Experiment?, 35 Hous. L. Rev. 1385 (1999).
Perspective: "Putting Patients First": Promise or Smokescreen?, Health Aff., Nov.-Dec. 1997, at 123.
Making Health Plans Accountable for the Quality of Care, 31 Ga. L. Rev. 587 (1997).
Are the Antitrust Agencies Overregulating Physician Networks?, 8 Loy. Consumer L. Rep. 78 (1995-96).
Accrediting and the Sherman Act, Law & Contemp. Probs, Autumn 1994, at 199 (with Peter M. Brody).
Antitrust Issues in the Joint Purchasing of Health Care, 1995 Utah L. Rev. 409-450.
Foreword: The Place of Private Accrediting Among the Instruments of Government, Law & Contemp. Probs. Autumn 1994, at 1.
Contract Failure in the Market for Health Services, 29 Wake Forest L. Rev. 47 (1994).
Accreditation Competition Needed, Mod. Healthcare, Nov. 16, 1992, at 24.
Taxing Health Benefits: Snake Oil...or Smart Health Policy, 3 J. Am. Health Pol'y 33 (1993) (with Lane Kirkland).
Why Preserve Private Health Care Financing?, in American Health Policy: Critical Issues for Reform 87 (R.B. Helms ed., 1993).
Prospective Self-Denial: Can Consumers Contract Today to Accept Health Care Rationing Tomorrow?, 140 U. Pa. L. Rev. 1755 (1992).
American Federalism and American Health Care: Lessons for the European Community?, in Health Care in Europe after 1992 at 37 (H.E.G.M.Hermans, et al. eds., 1992).
By Fiat or By Choice?--How Practice Guidelines Might Become Legal Standards, in Defining Health Care Needs and Basic Benefits Using Clinical Guidelines (D.C. Hadorn ed., 1992).
The Art of Paying Physicians, in Regulating Doctors' Fees: Competition, Benefits, and Controls under Medicare 132 (H. Frech ed., 1991), reprinted in Duke L. Mag., Summer 1992, at 4.
Practice Guidelines as Standards Governing Physician Liability, Law & Contemp. Probs., Spring 1991, at 1987.
S. 1232: A Late Entry in the Race for Malpractice Reform, Law & Contemp. Probs., Spring 1991, at 179 (with Thomas B. Metzloff).
Professional Paradigm of Medical Care: Obstacle to Decentralization, 30 Jurimetrics J. 415 (1990).
Practice Guidelines for Medical Care: The Policy Rationale, 34 St. Louis U. L.J. 777 (1990).
1990 Michael M. Davis Lecture: The Antitrust Challenge to the Professional Paradigm of Medical Care, in Antitrust Intervention in the Health Care Industry 103 (1990).
The Quality of Medical Care: Resolving Controversies Over a Sacred Cow, in Medical Quality and the Law 53 (1990).
Practice Opportunities for Allied Health Professionals in a Deregulated Health Care Industry, 18 J. Allied Health 9 (1989).
Foreword: Symposium on Law and Medicine, 22 U.C. Davis L. Rev. 269 (1989).
Health Care as a Laboratory for the Study of Law and Policy, 38 J. Legal Educ. 499 (1988), reprinted in Duke L. Mag, Summer 1989, at 11.
Malpractice Reform: Getting There by Private Vehicle, in Medical Malpractice Solutions: Systems and Proposals for Injury Compensation 115 (M. Halley, et al. eds., 1989).
Applying Antitrust Law to Collaboration in the Production of Information: The Case of Medical Technology Assessment, Law & Contemp. Probs., Spring 1988, at 341.
Applying Anti-Monopoly Law to Doctors, in American Health Care: What are the Lessons for Britain? 49 (1988).
Developing Noninstitutional Health Services: The Role of Certificate-of-Need Regulation in Cost, Quality, and Access, in Health Care: New Roles for Health Planning in a Competitive Environment 71 (F. Sloan, et al. eds., 1988).
The Questionable Cost-Containment Record of Commercial Health Insurers, in Health Care in America 221 (H. French ed., 1988).
Professional Peer Review and the Antitrust Laws, 36 Case W. Res. L. Rev. 1117 (1986).
The Changing Locus of Decisionmaking in the Health Care Sector, 11 J. Health Pol. Pol'y & L. 697 (1986), reprinted in Health Policy in Transition 129 (L. Brown ed., 1987).
Liver Transplantation in Massachusetts: Public Policymaking as Morality Play, 19 Ind. L. Rev. 955 (1986) (with Nancy M.P. King), reprinted in Organ Transplantation Policy (J. Blumstein & F. Sloan eds., 1989).
The Lithotripsy Game in North Carolina: A New Technology Under Regulation and Deregulation, 19 Ind. L. Rev. 989 (1986) (with Robert S. McDonough).
Medical Standards in a Decentralized Health Care System, Trans. & Stud. Coll. Physicians Phil., June 1987, at 123.
Altering the Applicable Standard of Care, Law & Contemp. Probs., Spring 1986, at 265 (with Randall R. Bovbjerg).
Private Reform of Tort Law Dogma: Market Opportunities and Legal Obstacles, Law & Contemp. Probs., Spring 1986, at 143.
Foreword: Medical Malpractice: Can the Private Sector Find Relief?, Law & Contemp Probs., Spring 1986, at 1 (with Randall R. Bovbjerg).
Medical Malpractice: An Update for Noncombatants, Bus & Health, Sept. 1985, at 38 (with Randall R. Bovbjerg).
The Debate over Health Care Cost-Containment Regulation: The Issues and Interests, in Incentives vs. Controls in Health Policy 9 (J. Meyer ed., 1985).
The Structure of Hospital-Physician Relationships: The Interplay of Law and Policy, in Physicians and Hospitals: The Great Partnership at the Crossroads 113 (D. Yaggy and P. Hodgson eds., 1985).
Mixing Regulation and Competition: A Doubtful Prescription, in Regulation and Competition: Can They Be Used Together to Contain Health Care Costs? (1984).
Reforming Malpractice Law Through Consumer Choice, Health Aff., Winter 1984, at 63.
An Introduction to Public and Private Barriers to Competitive Reform of Health Care Services Delivery, 69 Iowa L. Rev. 1163 (1984).
Doctors and Hospitals: An Antitrust Perspective on Traditional Relationships, 1984 Duke L.J. 1071.
A New Era in Health Policy?, Health Pol. Week Supp., Mar. 28, 1983.
The Doctors' Trust: Self-Regulation and the Law, 2 Health Aff. 64 (1983).
The Contributions of Antitrust Law to a Procompetitive Health Policy, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions 295 (J. Meyer ed., 1983).
Decentralizing Decision Making: Private Contract versus Professional Norms, in Market Reforms in Health Care: Current Issues, New Directions, Strategic Decisions 22 (J. Meyer ed., 1983).
Foreword: Symposium on Hospital Law, 14 N.C. Cent. L.J. 1 (1983).
Health Planning and Antitrust Law: The Implied Amendment Doctrine of the Rex Hospital Case, 14 N.C. Cent. L.J. 45 (1983), reprinted in Specialty Law Digest: Health Care, Sept. 1984, at 7.
Imprudent Purchasing, Health Pol. Week Supp., Jan. 24, 1983.
Private Credentialing of Health Care Personnel: An Antitrust Perspective (pts. 1-2), 9 Am. J. L. & Med. 131, 263 (1983).
Increasing Competition's Role in the Market for Health Services, in National Health Policy: What Role for Government? 292 (I. Ehrlich ed., 1982).
Competition in Health Services: An Equal Number of Questions and Answers, in Health Care Regulation and Competition: Are They Compatible? 7 (1981).
Enforcing the Rules of Free Enterprise in an Imperfect Market: The Case of Individual Practice Associations, in A New Approach to the Economics of Health Care 377 (1981) (with Hackbarth).
A Comment: The Antitrust Challenge to Professionalism, 41 Md. L. Rev. 30 (1981).
Competition in Health Services: Overview, Issues and Answers, 34 Vand. L. Rev. 1117 (1981).
The Federal Legislative Initiative, Proc. Ann. Meeting Assoc. Academic Health Cen. 31 (1981).
Health Planning for Deregulation: Implementing the 1979 Amendments, Law & Contemp. Probs., Winter 1981, at 33.
Prospects for Competition under Health Planning-cum-regulation, in National Health Insurance: What Now, What Later, What Never? 329 (1980).
Antitrust Enforcement in the Medical Services Industry: What Does It All Mean?, 58 Millbank Mem. Fund Q. 89 (1980).
The Antitrust Laws, the Federal Trade Commission, and Cost Containment, 56 Bull. N.Y. Acad. Med. 169 (1980).
Competition and Health Care -- Planning for Deregulation, 4 Regulation 39 (1980) (with Glenn Hackbarth).
The Antitrust Implications of Relative Value Studies in Medicine, 3 J. Health Pol. Pol'y & L. 48 (1979) (with Philip C. Kissam).
Private Cost Containment, 300 New Eng. J. Med. 1298 (1979) (with Glenn Hackbarth).
Private Cost Containment -- Medical Practice Under Competition, Socioeconomic Iss. Health 41 (1979).
Health Insurers and Health-Care Costs: Can the Problem Be Part of the Solution? 5 Health Com. & Informatics 319 (1979).
Health Cost Containment, 300 New Eng. J. Med. 1298 (1979) (with Hackbarth).
Health Maintenance Organizations and the Health Planners, 1978 Utah L. Rev. 123.
More on Regulation: A Reply to Stephen Weiner, 4 Am. J. L. & Med. 243 (1978).
Professional Restraints on Innovation in Health Care Financing, 1978 Duke L.J. 303.
Advertising and Medical Ethics, in Encyclopedia of Bioethics (1978).
The Role of Competition in Containing Health Care Costs, in Competition in the Health Care Sector 359 (1978).
Legal Responses to the Problem of Poor-Quality Blood, in Blood Policy: Issues and Alternatives 21 (1977).
Controlling Health Care Costs: Strengthening the Private Sector's Hand, 1 J. Health Pol., Pol'y & L. 471 (1977), reprinted as American Enterprises Institute for Public Policy Research Reprint No. 68 (June, 1977).
Improving the Prospects for Innovation in Health Care Financing and Delivery, in Conference on the Antitrust Laws and the Health Care Industry (1977).
The Ethics of Cost Control in Medical Care, Soundings, Winter 1977, at 22.
Health Care Cost-Containment Regulation: Prospects and an Alternative, 3 J.L. & Med. 309 (1977).
Federal Regulation of the Health Care Delivery System -- A Foreword in the Nature of a "Package Insert", 6 U. Tol. L. Rev. 577 (1975), reprinted as American Enterprise Institute for Public Policy Research Reprint No. 43 (1976).
Strategies in Underwriting the Costs of Catastrophic Disease, 40 Law & Contemp. Probs. 122 (1976) (with James F. Blumstein and Randall R. Bovbjerg).
Ethical Safeguards in Research on Humans, in 5 Philosophy & Tech. Drug Assessment (J. Cooper and H. Ley eds., 1976).
Remarks on the Future of Regulation in the Health Field, in Program in Hospital Administration, University of Michigan, Four Views of the Future 17 (1976).
Separate Views on the Artificial Heart, in Ethics and Health Policy 247 (R. Veatch and R. Branson eds., 1976).
Coping with Quality/Cost Trade-Offs in Medical Care: The Role of PSROs, 70 Nw. U.L. Rev. 6 (1975) (with James F. Blumstein).
Medical Adversity Insurance -- Has Its Time Come?, 1975 Duke L.J. 1233, revised and reprinted in Medical Malpractice: The Duke Law Journal Symposium (1977).
Professional Standards Review Organizations and Health Maintenance Organizations: Are They Compatible?, 1975 Utah L. Rev. 381 (with Randall R. Bovbjerg).
Speculation on the Market's Future in Health Care, in Regulating Health Facilities Construction: Proceedings of a Conference on Health Planning, Certificates of Need and Market Entry 249 (C. Havighurst ed., 1974).
Commentary on a Paper by Harold Green, in Ethical Issues in Human Genetics 395 (B. Hilton ed., 1973).
Foreword: HMOs in Policy Prospective, in HMO Sourcebook vii (1973).
Government's Increasing Involvement in the Health Care Sector: The Hazards of Regulation and Less Hazardous Alternatives, in The Changing Role of the Public and Private Sector in Health Care 34 (N. Hollander and R. Joyce eds., 1973).
Regulation of Health Facilities and Services by "Certificate of Need", 59 Va. L. Rev. 1143 (1973), summarized in Controls on Health Care 75 (1975) and in Hospitals, June 16, 1974, at 65.
Compensating Persons Injured in Human Experimentation, 169 Science 153 (1970), reprinted in Readings on Ethical and Social Issues in Biomedicine (Wertz ed., 1973).
'Medical Adversity Insurance" -- A No-Fault Approach to Medical Malpractice and Quality Assurance, 51 Milbank Mem. Fund Q. 124 (1973) (with Lawrence R. Tancredi), reprinted in 1974 Ins. L.J. 69.
Foreword (Health Care) (pts. 1-2), 35 Law & Contemp. Probs. 229, 667 (1970), reprinted in Health Care (1972).
Franchising Experience from Other Industries and Its Relevance for the Health Field, in Management Memorandum on Hospital Franchising 11 (1972).
The Quality of Advice, in 2 Philosophy & Tech. Drug Assessment (J. Cooper ed., 1971).
Licensure and Its Alternatives, in Third Annual Duke Conference on Physician's Assistants 121 (1970).
Health Maintenance Organizations and the Market for Health Services, 35 Law & Contemp. Probs. 716 (1970).
Foreword (Medical Progress and the Law), 32 Law & Contemp. Probs. 561 (1967).
The Continuing Inutility of Employee Stock Options in Closely Held Businesses, 18 U. Fla. L. Rev. 251 (1965), reprinted in 7 Corp. Prac. Comment. 103 (1965).
Contractual Aspects of the Pension Obligation, Pension & Welfare News, Nov. 1965, at 38.
Relative Priority of Federal Tax Liens and Assignments of Rents in Lease Financings, 19 Bus. Law. 939 (1964).

Issues Edited

Symposium: Who Pays? Who Benefits? Distributional Issues in Health Care, 69 Law & Contemporary Problems (Autumn 2006) (Special Editor with Barak D. Richman)

Monographs

Public Utility Regulations for Hospitals, American Enterprise Institute for Public Policy Research Reprint No. 17 (1973).
Appendix D: Separate Views of Professor Havighurst, in The Totally Implantable Artificial Heart (June 1973) (Publication No. OS-77-004).
Mechanisms for Compensating Persons Injured in Human Experimentation, in HEW Secretary's Task Force on the Compensation of Injured Research Subjects (Appendix A, January 1977) (Publication No. OS-77-004).

Book Reviews

Health Law: New Course Books For A Mature Discipline, 20 J. of Legal Med. 425 (1999) (with W. Eugene Basanta).
Health Care Choices: Private Contracts as Instruments of Health Reform, 17 J. Legal Med. 331 (1996) (with Eleanor D. Kinney).
Joskow, Controlling Hospital Costs: The Role of Government Regulation, 18 Health Servs. Res. 93 (1983).

Newspaper articles and commentary

Antitrust and IPOs in the Supreme Court, April 12, 2007
Antitrust Law: Cases Before High Court, National Law Journal, January 15, 2007, at 7
Unhealthy Subsidies, Cato Unbound, January 12, 2007
Who Pays for Health Insurance?, Wall Street Journal, September 6, 2007, at A17 (with Barak D. Richman)

Study Aids

Teacher's Manual for Health Care Law and Policy: Readings, Notes and Questions (1988).