Did Legal Education Fail Health Reform? And How Health Law Can Help

10 Indiana Health Law Review 1 (2013)

37 Pages Posted: 1 Jul 2013 Last revised: 4 Sep 2015

Wendy K. Mariner

Boston University School of Law; Boston University School of Public Health

Date Written: November 22, 2012

Abstract

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.

Keywords: Affordable Care Act, legal education, health law

Suggested Citation

Mariner, Wendy K., Did Legal Education Fail Health Reform? And How Health Law Can Help (November 22, 2012). 10 Indiana Health Law Review 1 (2013). Available at SSRN: https://ssrn.com/abstract=2277024 or http://dx.doi.org/10.2139/ssrn.2277024

Wendy K. Mariner (Contact Author)

Boston University School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

Boston University School of Public Health ( email )

715 Albany Street
Boston, MA 02118
United States
617-638-4626 (Phone)
617-414-1464 (Fax)

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