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Teaching Health Law: Personal Reflections on Teaching Health Law in a School of Public Health

Published online by Cambridge University Press:  01 January 2021

Abstract

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Type
JLME Column
Copyright
Copyright © American Society of Law, Medicine and Ethics 2011

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Footnotes

Charity Scott, J.D., is a Professor of Law and Director of the Center for Law, Health & Society at the Georgia State University College of Law. (charity@gsu.edu)

References

The residential master's degree students have a mix of backgrounds and disciplines. I also teach in our Executive Master's Program, where most of the students are either physicians or health care executives.Google Scholar
These observations are equally applicable to my law and public health course.Google Scholar
Wood, G. S., The Purpose of the Past (New York: The Penguin Press, 2008): at 9.Google Scholar
Gostin, L. O. and Jacobson, P. D., Law and the Health System (New York: Foundation Press, 2005).Google Scholar
I intend to write a health law text designed for non-law students. On several occasions, I have asked some of my top executive master's students to read the health law chapter of the Gostin-Jacobson book and to assess its suitability for my health law course. Uniformly, they find the casebook more difficult to follow than the approach I use in their course, described in this essay.Google Scholar
In fairness, the notes and comments in the leading health law texts do an excellent job of raising hypotheticals that test a student's understanding of and ability to apply the core legal principles.Google Scholar
Southwick, A. F., Law of Hospital and Health Care Administration, 2nd ed. (Ann Arbor, Michigan: Health Administration Press, 1988).Google Scholar
Although Professor Southwick was my predecessor at the University of Michigan School of Public Health, I never had the pleasure of meeting him. In fact, I was not his choice to succeed him!Google Scholar
Showalter, J. S., The Law of Healthcare Administration, 6th ed. (Chicago: Health Administration Press, 2011).Google Scholar
For the law and public health course, I assign Gostin's, Larry Public Health Law: Power, Duty, Restraint, 2nd ed. (Berkeley: University of California Press, 2008).Google Scholar
Gostin, L. O. and Jacobson, P. D., Law and the Health System (New York: Foundation Press, 2005).Google Scholar
See, e.g., Jacobson, P. D. and Bloche, M. G., “Improving Relations between Attorneys and Physicians,” Journal of the American Medical Association 294, no. 16 (2005): 20832085.CrossRefGoogle Scholar
My epitaph is going to read: “Someone asked him to write one more article on ERISA preemption and he couldn't take it any more!”Google Scholar
I raise lots of questions on what the case means, but use the questions to generate further discussion rather than a rigorous Socratic approach.Google Scholar
See <http://healthafairs.org/blog/author/jost/> (last visited March 20, 2011).+(last+visited+March+20,+2011).>Google Scholar
Jacobson, P. D., “Health Law 2005: An Agenda,” Journal of Law, Medicine & Ethics 33, no. 4 (2005): 725738.CrossRefGoogle Scholar