Law & Contemporary Problems



LAW AND CONTEMPORARY PROBLEMS






Volume 69 Autumn 2006 Number 4



Who Pays? Who Benefits? Distributional Issues in Health Care

Clark C. Havighurst and Barak D. Richman
Special Editors













Foreword: Health Policy's Fourth Dimension Clark C. Havighurst
and Barak Richman
1






Distributive Injustice(s) in American Health Care Clark C. Havighurst
and Barak D. Richman
7






The Tax Subsidy to Employment-Based Health Insurance and the Distribution of Well-Being Mark Pauly 83






Of Head Taxes, Income Taxes, and Distributive Justice in American Health Care Lawrence Zelenak 103






The Impact of Tax-Exempt Status: The Supply-Side Subsidies Richard L. Schmalbeck 121






The Corrowsive Combination of Nonprofit Monopolies and U.S.-Style Health Insurance: Implications for Antitrust and Merger Policy Barak D. Richman 139






Paying for What You Get and Getting What You Pay for: Legal Responses to Consumer-Driven Health Care Mark A. Hall 159






Distributional Considerations in the Overregulation of Health Professionals, Health Facilities, and Health Plans Christopher J. Conover 181






Overregulation of Health Care: Musings on Disruptive Innovation Theory Lesley H. Curtis, Ph.D.
and Kevin A. Schulman, M.D.
195






Distributive Justice in Pharmaceutical Torts: Justice Where Justice Is Due? Chen-Sen Wu, M.D., J.D. 207






Measuring Distributive Injustice on a Different Scale Tom Miller 231






The Political Economy of Unfairness in U.S. Health Policy Jonathan Oberlander 245






Getting the Haves to Come out Behind: Fixing the Distributive Injustices of American Health Care David A. Hyman 265