Annual Meeting on Law and Society - Toronto 2018

The Jean Monnet Network on Health Law and Politics will be sponsoring two panels at the Law and Society Conference in Toronto in June:

  1. The challenges and opportunities of comparative health law

Sat, 6/9: 4:45 PM  - 6:30 PM 
6321 
Paper Session 
Saturday Session 5 

Most of the papers in this panel are part of a forthcoming OUP publication on comparative health law. Its research design involves contributors providing a comparative perspective in paired chapters. Each pair of chapters works from a review of the core moral, legal and scientific principles for the topic at hand, and develops a critical-analytical comparative examination of how lawmakers in different jurisdictions have balanced the different principles in shaping legal rules. This panel explores the reflexive practice that sits behind that critical-analytical process. What can we learn from how the diverse contexts in which health law is played out (state, nation state, federation, 'sui generis' polity, regional human rights organisation) affect how we, as scholars and teachers of health law, define, analyse and deploy our field.

Chair/Discussant

Elizabeth Sepper, Washington University School of Law  - Contact Me

Presentations

Access to assisted reproductive technologies and national margin of appreciation at the European law level: concerns and challenges

Presenter

Joaquin Cayon-De las Cuevas, FMV-IDIVAL/University of Cantabria  - Contact Me


Medical devices vs medicinal products: what is the impact of the recent European regulatory changes?

Presenter

Aurelie Mahalatchimy, CNRS-DICE-CERIC-Aix-Marseille Université; University of Sussex  - Contact Me


Precision medicine – patients’ rights at a crossroad?

Presenter

Mette Hartlev, Faculty of Law, University of Copenhagen  - Contact Me


The ‘where’ and ‘when’ of health law: how context shapes health law

Presenter

Tamara Hervey, The University of Sheffield  - Contact Me

 

 

  1. Novel legal forms in health law

Sat, 6/9: 2:45 PM  - 4:30 PM 
6316 
Paper Session 
Saturday Session 4 

Health law has moved far from physician liability within the legal form of tort litigation. This panel explores various legal forms that health lawyers now encounter, across several jurisdictions. One important question is the legal status of the entities that make up a health system: are they private companies, state, or 'third sector' enterprises, and what are the consequences for health? Another important legal form is human rights, and concepts of patient autonomy. As 'health' blends into 'well-being', can a legal framework based on 'rights' make sense? Third, how do federal legal forms determine health entitlements and claims? Do provinces, regions secure health rights in ways distinct from central/federal bodies, charged with fiscal discipline? How do forms of administrative law, such as judicial review, support health?

Chair/Discussant

John Harrington, Cardiff University  - Contact Me

Presentations

Paradigmatic Shifts in Health Care: Body Enhancement and Regulatory Challenges in the UK

Presenter

Nicola Glover-Thomas, University of Manchester  - Contact Me


Right to Health Care in EU and Canada-Role of the Centre in Complex Entities

Presenter

Tomislav Sokol, Zagreb School of Economics and Management  - Contact Me


Social enterprises delivering health care services within the European context: legal aspects, their relations with public authorities and their contribution to ensure a fair and universal right to health.

Presenter

ALCESTE SANTUARI, UNIVERSITY OF BOLOGNA  - Contact Me


Termites of solidarity in the house of austerity

Presenter

Scott Greer, University of Michigan  - Contact Me

Non-Presenting Co-Author

Eleanor Brooks, Edinburgh University  - Contact Me