Document Type
Book Section
Publication Date
3-2025
ISBN
9781009480499
DOI
10.1017/9781009480468
Abstract
This chapter begins with the evolution of American medicine from a “sovereign” self-regulating profession focused on direct patient service to a large industry that serves the social sector but that, because of its professional heritage, receives extensive public subsidies without equivalent public accountability. Next, the chapter identifies regulatory dynamics in American health care governance that structurally discourage movement from the prevailing, if dissonant, private law framework to one explicitly grounded in public law. The chapter concludes by highlighting the challenges and opportunities inherent in a private law approach to what is intuitively a public law domain.
First Page
7
Last Page
19
Num Pages
13
Publisher
Cambridge University Press
Rights
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/
Editor
I. Glenn Cohen, Susannah Baruch, Wendy Netter Epstein, Christopher Robertson & Carmel Shachar
Book Title
Health Law as Private Law: Pathology or Pathway
Recommended Citation
William M. Sage,
Public Funds, Public Functions, Private Actors: The Cognitive Dissonance of US Health Law,
in
Health Law as Private Law: Pathology or Pathway
7
(I. Glenn Cohen, Susannah Baruch, Wendy Netter Epstein, Christopher Robertson & Carmel Shachar eds., 2025).
Available at:
https://scholarship.law.tamu.edu/facscholar/2201
File Type
Included in
Health Law and Policy Commons, Law and Politics Commons, Legislation Commons, Medical Jurisprudence Commons, Public Law and Legal Theory Commons