The Crisis in U.S. Cancer Care: Law, Markets, and Privatization lawreview - Minnesota Law Review
By DANIEL G. AARON. Full Text. Cancer is surging among youth and young adults in the United States, yet, instead of public regulation addressing its root causes, we have outsourced the management of cancer to the private sector. A suite of laws, embodying faith that corporations will cure cancer, has subsidized the cancer biomedical enterprise lawreview - Minnesota Law Review
By DANIEL G. AARON. Full Text . Cancer is surging among youth and young adults in the United States, yet, instead of public regulation addressing its root causes, we have outsourced the management of cancer to the private sector. A suite of laws, embodying faith that corporations will cure cancer, has subsidized the cancer biomedical enterprise and transformed quasi-public institutions into marketized, profit-seeking entities. These changes, across patent law, healthcare law, innovation law, and Food and Drug Administration ( FDA ) law, have privatized cancer. The market failures I describe in U.S. cancer care raise larger questions about who we entrust with managing critical social problems. This Article provides theoretical clarity on the trans-substantive use of the term “privatization.” I theorize that privatization underscores a shift from community-centered approaches to ones centered on individuals and firms. Further, in contrast with the traditional, economic understanding of privatization, I deconstruct privatization into five categorical forms: delegation, individualization, marketization, capture, and cultural privatization. From climate change to reproductive justice to cancer, privatization has undermined public goals by warping systems in a way that promotes corporate interests and individualized framings over the common good. We must take seriously the harms to all Americans from unbridled privatization and push for a renewed promise of government intervention in the world we inhabit. Tweet Share
Executive Summary
The article critiques the privatization of cancer care in the United States, arguing that a suite of laws has transformed quasi-public institutions into marketized, profit-seeking entities. This shift has led to a focus on individualized approaches and corporate interests, undermining public goals and the common good. The author theorizes that privatization takes five categorical forms and advocates for renewed government intervention to address the harms caused by unbridled privatization.
Key Points
- ▸ The privatization of cancer care in the US
- ▸ The role of laws in transforming quasi-public institutions
- ▸ The five categorical forms of privatization
Merits
Comprehensive Analysis
The article provides a thorough examination of the issues surrounding cancer care privatization
Demerits
Limited Solutions
The article primarily focuses on critiquing the current system, with fewer concrete solutions offered
Expert Commentary
The article presents a compelling critique of the privatization of cancer care, highlighting the need for a more nuanced understanding of the complex relationships between law, markets, and public health. The author's theoretical framework, which categorizes privatization into five forms, provides a valuable tool for analyzing the implications of privatization on social issues. However, the article could benefit from a more detailed exploration of potential solutions to address the harms caused by privatization.
Recommendations
- ✓ Re-evaluate laws and regulations governing cancer care to prioritize public health goals
- ✓ Develop and implement policies to promote community-centered approaches to cancer care management