We often hear that the current COVID crisis came “out of the blue,” that “nobody” was expecting it.* But anyone with a decent grasp of pressing issues in public health knew the risks of pandemics. As I wrote in 2014: [R]eduction in hospital facilities and other resources, although “efficient” in normal times, may prove disastrous if there…
As part of our ongoing effort to bring you the best LPE work on COVID-19, today we bring you this piece from John Whitlow, followed by a roundup of LPE COVID writing published elsewhere. The poet Langston Hughes once wrote, “I wish the rent was heaven sent.” With a record 10 million Americans filing for…
Today, as part of our ongoing effort to bring you the best LPE work on COVID-19, we’re reposting a letter from Professor Noah Zatz to his City Counsel regarding evictions during the pandemic.
We’re living in strange times. As we try to make sense of the moment, LPE Blog wants to offer some COVID 19 coverage from our regular contributors. We’re starting today with some work that Amy Kapczynski has done with various colleagues.
It is now clear that we are entering a new phase of the global COVID-19 pandemic. The virus appears in new countries around the world each day. New cases are now regularly reported in the United States, and as testing is scaled up, that number will increase, probably substantially. It is clear now that the…
We seem to be approaching an apotheosis of liberal health care angst, as the irresistible force of the appeal of truly universal health care meets the immovable object of Democrats’ desire to make double-triple-sure not to lose the 2020 election. Replacing our current shambles of a health care system with something much simpler and more…
This post is part of our symposium on Medicare for All. You can find all the posts in the series here. *** Medicare for All has the potential to address gaps in access to quality long-term care services for the elderly by mitigating some of the inequities in the market for long-term care. It could do…
In this anti-regulatory moment, notice-and-comment might seem a quaint artifact from a bygone age: with such meager regulatory output, especially aimed at industry, what is left to comment on? Instead, however, notice-and-comment has become a key tool of opponents of the current administration—a vehicle for mobilizing “grassroots experts” and enabling marginalized voices to speak against dehumanizing agency action.
Medicare would serve as the first real test of Title VI of the 1964 Civil Rights Act, which banned the allocation of any federal funds to entities that discriminated on the basis of race. The success of Title VI would depend on forging a strong relationship between officials administering the program and the civil rights movement. The change that ultimately resulted from this collaboration offers a concrete example of how democratic movements can leverage grassroots pressure, public enforcement and government spending power to transform sectors of the economy.
My contribution to this symposium argues not only that some version of Medicare for All is necessary, but also that it may not be as radical as critics claim.
While the Medicare for America bill is arranged with great promise and enormous care, its real significance lies not in this snapshot description but in the distributional and politico-historical dynamics that its opt-out structure unleashes over time.
This post is part of our symposium on Medicare for All. You can find all the posts in the series here. *** The early contours of the health care debate have featured a loose divide between those favoring so-called “single-payer Medicare for All,” and those who propose some kind of “public option.” To drill down to…
Over the past three decades, the primary policy solution to the mismatch between high spending and poor outcomes has been to turn to consumerism and market competition for a fix. The underlying theory is that if people have options—options for health plans, hospitals, prescription drugs, providers, and so on—they will choose the higher-value options. In turn, competitors will in theory produce higher-value options to win more customers.
Ask not for whom the First Amendment tolls: It tolls for you. Or so I argue in an essay just published at the Columbia Law Review online. It’s called “The Lochnerized First Amendment and the FDA: Toward a More Democratic Political Economy”—a boring title for a vital and urgent problem. Courts, speaking in the name…
As a historian working in a law school, I think often about what history adds to the study of law and the training of future lawyers. Rarely does history provide an obvious road map to solving new legal problems, but it does at least two other things well: (1) it helps explain why the legal…
