This title is a part of our CasebookPlus™ offering as ISBN 9781685611729. Learn more at

Thirty-five years ago, the first edition of this Health Law casebook quite literally defined the subject of Health Law in the United States. Today this book, cited by the United States Supreme Court and a host of other courts, remains the leading Health Law casebook in American law schools.

The new 9th edition provides up-to-date coverage of the field in all of its complexity, while retaining the substantially slimmed-down size of the prior edition. The book offers new cases, statutory materials, and classroom-tested problems, along with succinct and sharpened notes, comments, charts, and other teaching materials. It is fully up-to-date as of mid-2021, including the many issues raised by the COVID-19 pandemic. It will be supplemented by a regularly updated website and, if appropriate, printed supplements.

This new edition centers the broader goal of a more just and equitable health care system. It incorporates issues of equity and justice throughout the overarching organization that health law teachers and students found so helpful in the prior editions. In this new edition, Chapter One considers health law and policy as part of a larger framework that encompasses justice and equity movements, and it reimagines traditional concerns of cost, access, quality, and choice in this framework.

Chapters Two through Five address ways in which the law can contribute to the promotion of the quality of health care. In this edition, materials on the professional-patient relationship and medical malpractice have been carefully edited and combined into a single chapter.

The second part of the text in Chapters Six through Ten is substantially updated, and the chapters reordered for this new edition. It now begins with an expanded chapter on discrimination and unequal treatment in health care, followed by an updated chapter explaining the options available to those who want to reform the American health care system. The chapters then provide a full analysis of the consequences of ERISA, an updated chapter addressing the ACA and its subsequent legal and political challenges, and a chapter on the two largest government health care financing programs—Medicare and Medicaid.

The third part of the book in Chapters Eleven through Fifteen describes the role of the law in organizing the health care enterprise. This part includes updated materials on different ways in which the business of health care delivery can be organized and materials describing the legal relationships among different players in the health care enterprise. It includes separate chapters on professional relationships in health care, organizational structures and corporate law, tax, health care fraud and abuse, and the application of antitrust law to health care.

Finally, the fourth part of the text in Chapters Sixteen through Twenty-One updates coverage of bioethics materials with a focus on issues currently being litigated or legislated, including abortion and contraception, conscience clauses, the definition of death, and medically assisted dying. The casebook also includes a review of legal regulation of research involving human subjects, and it concludes with a chapter that addresses current developments in population health. The casebook is written to challenge teachers and students on all sides of these issues.

In this edition the torch has been passed to a new group of five authors who will be taking over future revisions of the casebook. These five new coauthors, all renowned for their teaching prowess as well as their academic work in Health Law, are Brietta Clark (LMU Loyola Law), Erin Fuse Brown (Georgia State), Robert Gatter (SLU), Elizabeth McCuskey (UMass) and Elizabeth Pendo (SLU).

Imprint: West Academic Publishing
Series: American Casebook Series
Publication Date: 03/16/2022
Related Subject(s): Health-Bioethics, Health-Law And Medicine, Health-Liability/Medical Malpr, Health-Organization/Finance

Brietta R. Clark, Loyola Law School - LA

Erin C. Fuse Brown, Georgia State University College of Law

Robert Gatter, Saint Louis University School of Law

Elizabeth Y. McCuskey, Boston University School of Law

Elizabeth Pendo, University of Washington School of Law


This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class – on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

  • A new print or digital casebook
  • Access to a downloadable eBook with the ability to highlight and add notes
  • 12-month access to a digital Learning Library complete with:
Multiple-choice self-assessment questions, including:
  • Chapter questions keyed to the casebook
  • Black Letter Law questions (available in select subjects)
  • Subject area review questions for end of semester use
Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they’ve purchased a used book or are renting their text by purchasing the Learning Library at

With CasebookPlus, you can customize your students’ learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students’ understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

Learn more about this series.