Did Legal Education Fail Health Reform? And How Health Law Can Help
Wendy K. Mariner
Boston University School of Law; Boston University School of Public Health
November 22, 2012
10 Indiana Health Law Review 1 (2013)
Arguments over the constitutionality of the Affordable Care Act illustrate the pervasiveness of health law issues in society. In court, arguments on both sides also demonstrated insufficient knowledge of the health care system and health insurance to identify and present useful arguments. Too many lawyers remained wedded to theories of constitutional law that have become disconnected from twenty-first century realities. Legal education may have something to answer for in this respect. This essay examines how legal education in health law may offer some valuable responses to ongoing critiques of legal education in general. The more law moves away from strict principles into nuanced adjustments to new circumstances, the more lawyers will need to understand the circumstances.
Number of Pages in PDF File: 37
Keywords: Affordable Care Act, legal education, health lawworking papers series
Date posted: July 1, 2013 ; Last revised: January 8, 2015
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