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2017 Law and Biomedicine Colloquium – Liza Vertinsky

March 1, 2017 @ 3:05 pm - 5:05 pm

3:05 – 5:05 p.m., S.J. Quinney College of Law, Room 4609
The Law and Biomedicine Colloquium brings together scholars, practitioners in our community, law students, and law faculty for seminar-style discussion of complex and controversial topics in the field. We are excited to be welcoming four distinguished scholars from other law schools in the region, as well as leaders in legal practice in law and the biosciences. Registered students at the College of Law will receive one hour of credit for participating in the colloquium; other interested participants are welcome to join us. Visit the Center web page to learn more about the Center for Law and Biomedical Sciences.

Speaker Sessions open to the whole University community (other sessions are held exclusively for students).

1 hour CLE (pending).  Free and open to the public. For questions about this event contact Jackie (801) 587-0221.

*Visitors will need to check in at the information desk on level 1 or level 2 to receive access to level 5.


Alternative Business Forms for Companies in Healthcare Markets

Our healthcare system is broken. Despite spending far more on healthcare per capita than any other country, health outcomes in the U.S. are relatively poor. The problems plaguing the system stem largely from an ongoing and pervasive disconnect between private incentives to develop and provide healthcare products and services and public health needs. Proposals for how to fix the healthcare system have focused on changes to regulation, incentive schemes, consumer behavior, and competition in healthcare markets. These proposals share the presumption that the provision of healthcare products and services will remain mostly in the hands of private corporations and, to a much lesser extent, non-profit organizations. Yet, there is an inherent problem with relying on for-profit corporations to drive healthcare innovation and provide healthcare services and products. Corporations are structured (and, indeed, required) to maximize profits rather than tend to the public need. While this is not unusual nor considered undesirable or unwarranted in most markets, healthcare markets are different from most other markets in ways that create a disconnect between private incentives and public needs. We argue that in order to more closely align private incentives with public need, companies involved in the provision of healthcare products and services should be required, or at least strongly incentivized, to assume alternative business forms that would enable and require them to consider the needs of a broader range of stakeholders and the public interest in addition to shareholder value. One preferred mechanism for achieving this is to incorporate companies (and re-incorporate already existing business entities) involved in the provision of healthcare products and services as benefit corporations, broadly defined. We show why this approach has advantages over alternative policy interventions designed to change market behavior and how it would change corporate behavior in ways that improve healthcare outcomes.

liza-vertinsky-photoLiza Vertinsky, Associate Professor, Emory University
Liza Vertinsky is an Associate Professor at Emory School of Law. She came to Emory in 2007 after a decade of legal practice focusing on intellectual property transactions. Her areas of expertise include intellectual property, innovation, the intersection of IP and global health, and law and economics. Her research program is motivated by a deep interest in how legal rules – particularly patent law and contract law – influence the ways in which individuals and groups organize their economic activities. She is particularly interested in exploring the institutional environments within which alternative forms of intellectual production take place, with a focus on biomedical innovation and innovations in global health. Liza Vertinsky clerked for Judge Stanley Marcus, first for the U.S. District Court in the Southern District of Florida and then for the Eleventh Circuit Court of Appeals. Education: B.A., Oxford University, 1991; JD, Harvard Law School, 1997; MA, Economics, University of British Columbia, 1992; PhD, Economics, Harvard University, 1997.

2017 Colloquium Schedule

January 11, 2017 – Stephanie Bair, Associate Professor, Brigham Young University

January 18, 2017 – Dave Gessel, Executive Vice President, Utah Hospital Association

January 25, 2017 – Suzette Goucher, JD, RN, Director Risk Management, University of Utah Hospital & Clinics

February 1, 2017 – Dan Burk, Professor, University of California, Irvine

February 8, 2017 – L. Rex Sears, Maschoff Brennan

February 15, 2017 – Teneille Brown, Professor of Law and Adjunct Professor of Internal Medicine, University of Utah

February 22, 2017 – Katherine L. Watson, Associate Professor of Medical Education and Obstetrics and Gynecology, Northwestern University

March 1, 2017 – Liza Vertinsky, Assistant Professor, Emory University



March 1, 2017
3:05 pm - 5:05 pm
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S. J. Quinney College of Law
383 South University St
Salt Lake City, UT 84112 United States


College of Law
801-585-3440 | 801-585-3479