Unwarranted variations in the quality of health care: can the law help medicine provide a remedy/remedies?

This Article reviews the essential findings of studies of variations in quality of care according to three categories of care: effective care, preference-sensitive care, and supply-sensitive care. It argues that malpractice liability and informed consent laws should be based on standards of practice that are appropriate to each category of care. In the case of effective care, the legal standard should be that virtually all of those in need should receive the treatment, whether or not it is currently customary to provide it. In the case of preference-sensitive care, the law should recognize the failure of the doctrine of informed consent to assure that patient preferences are respected in choice of treatment; we suggest that the law adopt a standard of informed patient choice in which patients are invited, not merely to consent to a recommended treatment, but to choose the treatment that best advances their preferences. In the case of supply-sensitive care, we suggest that physicians who seek to adopt more conservative patterns of practice be protected under the "respectable minority" or "two schools of thought" doctrine.     

Public policy for academic entrepreneurship initiatives: a review and critical discussion

This article provides a critical review and discussion of current literature on technology transfer, incubators, and academic entrepreneurship. Drawing upon the notion of robustness in social systems and public choice theory, we review, code, and taxonomize 166 studies to assess the likelihood that these initiatives will generate innovation and economic growth. We find that academic entrepreneurship initiatives are characterized by conflicting goals, weak incentive structures for universities and academics, and are contextually dependent upon factors such as university strength. Our results suggest that there are critical boundary conditions that are unlikely to be fulfilled when universities and policymakers enact policies to support academic entrepreneurship initiatives. Policymakers therefore need to be cautious in the potential design of such initiatives. We discuss how technology transfer from universities might be better achieved through alternative mechanisms such as contract research, licensing, consulting and increased labor mobility among researchers.