Health Law as Private Law: Panel Four: Reproductive Care

June 23, 2023

2023 Petrie-Flom Center Annual Conference: Health Law as Private Law

This conference seeks to explore the intersection of private law and health care, especially regarding how private law can be a tool for achieving health care reform or addressing a significant health care or public health problem. Overall, this conference and subsequent book project seek to map out the challenges and opportunities of using private law and the tools it provides to govern and shape our health care system. Contributions that explore the interaction of government initiatives and regulatory reform with private law actions in the health care space are within the scope of this project as long as the contributions focus on the private law aspects.

Panel Four: Reproductive Care
Moderator: I. Glenn Cohen, Petrie-Flom Center Faculty Director, James A. Attwood and Leslie Williams Professor of Law, and Deputy Dean, Harvard Law School
Barbara Evans, Professor of Law and Stephen C. O’Connell Chair, University of Florida Levin, College of Law; Professor of Engineering, University of Florida Wertheim College of Engineering - Does ERISA protect private ordering of out-of-state abortion access by employer-sponsored health plans in the post-Dobbs era?
Elizabeth McCuskey, Professor, Boston University School of Public Health, Boston University School of Law; and Valarie K. Blake, Associate Dean for Faculty Development and Research Professor of Law, West Virginia University College of Law - Employer-Sponsored Reproduction: Employee Benefit Plans as Gatekeepers of Access to Reproductive Care
Myrisha Lewis, Associate Professor, William & Mary Law School - Insurance Coverage as a Complement To or Substitute For Direct Governmental Reproductive Regulation
Asees Bhasin, Law and Policy Fellow at the Center for Antiracist Research, Boston University - Business Responses to Dobbs: The Return to a “Reproductive Rights” Approach, and Suspicions Around Corporate Care
Thomas Williams, Assistant Professor of Law, American University, Washington College of Law - Privatizing Equity: FemTech as a Market Based Solution Private Ordering in Maternal Health Care