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Books
Data, Data, Everywhere: Access and Accountability? (edited by Colleen M. Flood) (McGill Queen's University Press, 2011).
Canadian Health Law and Policy (4th Edition) (co-edited with J. Downie & T. Caufield) (LexisNexis, 2011).
Administrative Law in Context (co-edited with Lorne Sossin) (Toronto: Emond Montgomery, 2008).
Exploring Social Insurance: Can a Dose of Europe Cure Canadian Health Care Finance? (co-edited with Mark Stabile and Carolyn Tuohy) (McGill-Queen’s University Press, 2008).
Canadian Health Law and Policy, 3rd ed. (co-edited with J. Downie & T. Caulfield) (LexisNexis, 2007).
Just Medicare: What’s In, What’s Out, How We Decide (editor) (Toronto: University of Toronto Press, 2006).
Access to Justice, Access to Care: The Legal Debate over Private Health Insurance (co-edited with Kent Roach and Lorne Sossin) (Toronto: University of Toronto Press, 2005).
This book was cited by the widely-read Globe & Mail as one of the top three books on Charter analysis in Canada that Canadians should read to mark the 25th anniversary of the Charter.
Canadian Health Law and Policy, 2nd ed. (co-edited with Jocelyn Downie & T. Caulfield) (Butterworths, 2002).
International Health Care Reform: A Legal, Economic and Political Analysis (London: Routledge, 2000). (view abstract)
This book, originally published in hard-back was re-released as a paperback in 2003.
Journals
"International and Comparative Health Law and Ethics: A 25-Year Retrospective as a Tribute to Professor Bernard Dickens" (Guest editor with Lawrence Gostin) (2004) 32:4 Jnl of Law, Medicine and Ethics. (view list of contributors and topics)
"Legislating and Litigating Health Care Rights Around the World" (Guest editor with Lawrence Gostin and Lance Gable) (2005) 33:4 Jnl of Law, Medicine and Ethics.
Chapters in Books
"Charter Rights & Health Care Funding: A Typology of Canadian Health Rights Litigation" (with Y.Y. Chen) in Grand Challenges in Health Law and Policy, Catherine Regis & robert Kouri (eds.) (Montreal: Éditions Yvon Blais/Thompson Teuters, 20110).
"Health Care Rights in Canada: The Chaoulli Legacy" (with Sujith Xavier) in Andre den Exter (ed.), Access to Healthcare: Solidarity and Justice (Intersentia, 2009).
"An Introduction to (the Effervescence of) Administrative Law” in Colleen M. Flood & Lorne Sossin, eds., Administrative Law in Context (Emond Montgomery, 2008).
"Introduction: Seeking the Holy Grail: Financing for Quality, Accessibility and Sustainability in Health Care System" in Colleen M. Flood, Mark Stabile & Carolyn Tuohy, eds., Exploring Social Insurance: Can a Dose of Europe Cure Canadian Health Care Finance? (McGill-Queen’s, 2008).
"Conclusion" in Colleen M. Flood, Mark Stabile & Carolyn Tuohy, eds., Exploring Social Insurance: Can a Dose of Europe Cure Canadian Health Care Finance? (McGill-Queen’s, 2008).
“Introduction” in Canadian Health Law and Policy, 3rd ed. (co-edited with J. Downie & T. Caulfield) (LexisNexis, 2007).
“Judicious Choices: Health Care Resource Decisions and the Supreme Court” (with Michelle Zimmerman) in Jocelyn Downie & Elaine Gibson, eds., Health Law at the Supreme Court of Canada (Irwin Law, 2007) 25.
“What is In and Out of Medicare? Who Decides?” (with Mark Stabile and Carolyn Tuohy) in Timothy Stoltzfus Jost, ed., Readings in Comparative Health Law & Bioethics, 2nd ed. (Durham, NC: Carolina Academic Press, 2007) 55.
“Chaoulli’s Legacy for the Future of Canadian Health Care Policy” in Bruce Campbell & Greg Marchildon, eds., Medicare: Facts, Myths, Problems, Promise (Toronto: James Lorimer, 2007) 156.
“What is In and Out of Medicare? Who Decides?” (with Mark Stabile & Carolyn Tuohy) in Just Medicare (Toronto: University of Toronto Press, 2006) 15.
“Introduction” (with Kent Roach & Lorne Sossin) in Access to Justice, Access to Care: The Legal Debate over Private Health Insurance (Toronto: University of Toronto Press, 2005).
“Finding Health Policy ‘Arbitrary’: The Evidence on Waiting, Dying, and Two-Tier Systems” (with Mark Stabile & Sasha Kontic) in Access to Justice, Access to Care: The Legal Debate over Private Health Insurance (Toronto: University of Toronto Press, 2005) 296.
“Section 7 ‘Safety Valves’: Appealing Wait Times Within A One-Tier System” (with Caroline Pitfield) in Access to Justice, Access to Care: The Legal Debate over Private Health Insurance (Toronto: University of Toronto Press, 2005) 477.
“Strengthening the Foundations: Securing the Modernity of the Canada Health Act” (with
Sujit Choudhry) in T. McIntosh, P-G Forest & G. P. Marchildon, eds., The Governance of Health Care in Canada (University of Toronto Press: Toronto, 2004) 346.
“A Complex Taxonomy: Health Care Technology Assessment in Canada” (with E. Nauenberg & P.Coyte) in T. Jost, ed., Health Care Coverage Determinations: An International Comparative Study (Open University Press, 2004) 57.
“Galvanizing Publicly Funded Health Care Systems Through Accountability” in P. Leatt & J. Mapa, Effective Government Relations: Health Care Perspectives (Quorum Book, Fall 2002).
“The Anatomy of Medicare” in J. Downie, T. Caulfield & C. Flood, eds., Canadian Health Law and Policy, 2nd ed. (Toronto: Butterworths, 2002) 1.
This is a revised and updated version of an earlier chapter, "The Structure and Dynamics of the Canadian Health Care System" in J. Downie & T. Caulfield, eds., Canadian Health Law and Policy (Butterworths: Toronto 1999) 5.
“Moving Medicare Home: The Forces Shifting Care Out of Hospitals and Into Homes” in T. Caulfield & B von Tigerstrom, eds., Health Care Reform & the Law in Canada (Edmonton: University of Alberta Press, 2002) 131.
Articles
“A Patient Charter of Rights: Paving the Way for System Improvement?” (with Kathryn May) (2012) published online ahead of print CMAJ. PR.
""Cosmetic Surgery Regulation and Regulation Enforcement in Ontario" (2011) 36 Queen's Law Journal 31 (qith Bryan Thomas and Leigh Harrison-Wilson).
"Charter Rights & Health Care Funding: A Typology of Canadian Health Rights Litigation" (with Y.Y. Brandon Chen) (2010) 19(2) Annals of Health Law [forthcoming].
"The evidentiary burden for overturning government's choice of regulatory instrument: The case of direct-to-consumer advertising of prescription drugs" (2010) 60(2) UTLJ 397. (download article)
"Blurring of the Public/Private Divide: The Canadian Chapter" (with Bryan Thomas) (2010) 17(3) European Journal of Health Law [forthcoming].
"Is Canada Odd? A Comparison of European and Canadian Approaches to Choice and Regulation of the Public/Private Divide in Health Care" (2010) (with Amanda Haugan) forthcoming in Health Economics, Policy and Law.
"Reconciling the Values of Choice, Quality and Universality in US Health Care Reform: A Reply to Joe White" forthcoming in Journal of Health Politics, Policy and Law.
"The evidentiary burden for overturning government's choice of regulatory instrument: The case of direct-to-consumer advertising of prescription drugs" (2010) 60(2) University of Toronto Law Journal 397.
"Tough Choices: The Private Sale of Drugs in Public Hospitals" (2010) (with Lorian Hardcastle) 182(4) CMAJ 374.
"Is the Canadian System Right for the United States?" (2009) 34(4) Journal of Health Politics, Policy and Law 585.
"Healthcare Rights in Canada: The Chaoulli Legacy" (2008) (with Sujith Xavier) 27 International Journal of Law and Medicine 617.
“Chaoulli: Political Undertows and Judicial Riptides” (2008) Special Edition, Health Law Journal 211.
“Canadian Media and Health Policy Research: The Limits of Stories” (with Nuala P. Kenny & Meghan McMahon) (2007) 7:8 The American Journal of Bioethics 19.
“The Private Sale of Cancer Drugs in Ontario’s Public Hospitals: Tough Issues at the Public/Private Interface in Health Care” (with Lorian Hardcastle) (April 30, 2007) McGill Health Law Publication.
“The contextual turn: Iacobucci’s legacy and the standard of review in administrative law” (with Lorne Sossin) (2007) 57:2 University of Toronto Law Journal 581.
Cited by the Supreme Court of Canada in Dunsmuir v. New Brunswick, [2008] SCC.
"Chaoulli’s Legacy for the Future of Canadian Health Care Policy” (2006) 44: 2 Osgoode Hall Law Journal 273.
"Just Medicare: The Role of Canadian Courts in Determining Health Care Rights and Access” (2005) 33:4 Journal of Law, Medicine and Ethics 669.
“Introduction: Legislating and Litigating Health Care Rights Around the World” (with Lance Gable & Lawrence O. Gostin) (2005) 33: 4 Journal of Law, Medicine and Ethics 636.
“Courting Trouble: The Supreme Court’s Embrace of Private Health Insurance” (with Steven Lewis) in (2005) 1: 1 Healthcare Policy 26.
This article received the most hits of all articles published in this inaugural volume.
“Supreme disagreement: the highest court affirms an empty right” (with Terry Sullivan) (2005) 173: 2 Canadian Medical Association Journal 142. (download article courtesy of the Canadian Medical Association Journal)
"The First Ministers' Accord on Health Renewal and the Future of Home Care in Canada” (with Sanober S. Motiwala, Peter C. Coyte & Audrey Laporte) (2005) 2: 4 Longwoods Review 2.
“The Boundaries of Medicare: Tensions in the Dual Role of Ontario’s Physician Services Review Committee” (with Joanna Erdman) (2004) 12 Alberta Health Law Journal 1.
“Steering and Rowing in Health Care: The Devolution Option?” (with Duncan Sinclair & Joanna Erdman) (2004) 30 Queen’s Law Journal 156.
“Devolution – A Solution for Ontario: Could the Lone Wolf Lead the Pack?” (2004) 5: 1 HealthcarePapers 63.
“Waiting Times and Waiting Lists: What Role for a Patients’ Bill of Rights” (with Tracey Epps) (2004) 49: 3 McGill Law Journal 515.
“A Tale of Toronto: National and International Lessons in Public Health Governance from the SARS Crises” (with Anthea Williams) (2004) 12 Michigan St. J. Int’ L. 229.
“How Does Private Finance Affect Public Health Care Systems: Marshalling the Evidence from OECD Nations” (with Carolyn Tuohy & Mark Stabile) (2004) 29: 3 Jnl of Health Politics Policy and Law 359.
“A Patients’ Bill of Rights: A Cure for Canadians’ Concerns About Medicare?” (with Tracey Epps) (2002) V: 12 Institute for Research in Public Policy, Policy Matters 1. (PDF)
“The Implications of the NAFTA for Medicare: Have We Traded Away the Opportunity for Innovative Health Care Reform?” (with Tracey Epps) (2002) 47 McGill Law Journal 745.
“The Borders of Solidarity: How Countries Determine the Public/Private Mix in Health Care” (with Carolyn Tuohy &Mark Stabile) (2002) 12:2 Health Matrix 297. (view abstract)
Cited by Madame Justice Deschamps, Supreme Court of Canada in Chaoulli v. Quebec (Attorney General) [2005] 1 S.C.R. 791.
“The Illegality of Private Health Care in Canada” (with Tom Archibald) (2001) 164(6) Can Med Assoc Jnl. 825.
“Conundrums in Causation and Informed Consent” (2000) 23 Advocates Quarterly 217.
“New Zealand’s No-Fault Accident Compensation Scheme: Paradise or Panacea?” (1999/2000) 8 Health Law Review 3.
"Contracting Out for Health Services in the Public Sector” (1999) 31 Canadian Business Law Journal 175.
"Accountability of Health Service Purchasers" (1998) 20: 2 Dalhousie Law Journal 470.
"Regulation of Telecommunications in New Zealand -- Faith in Competition Law and the Kiwi Share" (1995) 3:2 Competition & Consumer Law Journal 199.
"Exit and Voice in New Zealand's Health Care Sector" (with Michael Trebilcock) Contracting in the Health Sector (Auckland: Legal Research Foundation, 1994) 1.
Major Reports
Defining the Medicare Basket (with Mark Stabile & Carolyn Tuohy); submitted to the Canadian Health Services Research Foundation, June 2007 (available online: http://www.chsrf.ca/home_e.php).
This research was specifically profiled in an article in the national newspaper, the Globe & Mail 7 Feb. 2007
“Is Canada Odd? An examination of the Public/Private Divide in Six Countries” (with Stefan Greß & Sasha Kontic); submitted to the Ontario Ministry of Health and Long Term Care, April 2007.
“Hamstrung and Hogtied: Cascading Constraints on Citizen Governors in Medicare” (with Tom Archibald) paper commissioned by Canadian Policy Research Networks, 45 pp, May 2005.
Strengthening the Foundations: Securing the Modernity of the Canada Health Act (with Sujit Choudhry). Commissioned as part of the research program for the Commission on the Future of Health Care in Canada (the Romanow Commission), February 2002. Available on-line at http://www.healthcarecommission.ca/Suite247/Common/GetMedia_WO.asp?MediaID=946&Filename=13_Flood_E.pdf.
The Ramifications of the NAFTA and GATS for Canada’s Health Care System (with Tracey Epps) a report prepared for Health Canada, March 2002.
Lessons From Away: What Canada Can Learn From Other Health Care Systems, A Report For The Standing Senate Committee On Social Affairs, Science And Technology (with Mark Stabile & Carolyn Tuohy) 30 April 2001.
Access to HIV Drugs: A Policy Analysis (with Elaine Gibson, Jocelyn Downie, Mark Stabile, Fred McGinn) Report for the Provincial Ministers of Health, May 2001.
IRPP Task Force on Health Policy, Recommendations to First Ministers (with Michael Decter, Monique Begin, Claude Forget, Henry Friesen, Maureen Quigley, Duncan Sinclair & Carolyn Tuohy) (IRPP: Montreal, 2000) .
Comments & Notes
"How Do We Compare? Lifting Our Game on Healthcare Performance," Longwoods eLetter, May 17, 2011. Also, "Time for Canada to Improve Our Health Care Performance," Huffington Post Canada, May 27, 2011,
"Alternative Medicine: It's the impact that counts" CIHR website, February 2010 Research Profile.
Available at: http://www.cihr-irsc.gc.ca/e/41163.html
“Commissions in Health Care: Running Vigorously on the Spot?” (Nexus, Spring 2008).
“Direct-to-consumer advertising: CanWest’s Charter Challenge” (with Michelle Zimmerman) in CIHR - IHSPR Research Spotlight, August 2006.
“The Mazankowski Report: Can We Fix Medicare With More Private Financing?” (2002) 2: 4 HealthcarePapers 61.
“How Does Private Finance Affect Public Health Care Systems? Marshalling the Evidence from OECD Nations” (with Carolyn Tuohy & Mark Stabile) (2000) October Ontario Medical Review 23.
“Comment: Bill 11, Health Care Protection Act” (with T. Caulfield & B. von Tigerstrom) 2000 9: 1 Health Law Review 22.
“Accountability, Flexibility and Integration: How to Fix Medicare” (2000) 21: 4 Policy Options 17.
“Preface” (1998) 20: 2 Dalhousie Law Journal 313.
"Will Supplementary Private Insurance Reduce Waiting Lists?" (1996) 11 Canadian Health Facilities Law Guide 1.
"Competing Crown Health Enterprises: Efficiency Or Waste?" (1995) 118 Planning Law Quarterly: Journal of the New Zealand Planning Institute 12.
"Keep the Change: New Zealand's Health Care System," D.J. McCready & W.R. Swan, eds., Change and Resistance: Proceedings of the 6th Conference on Health Economics (Waterloo: Wilfred Laurier University, 1995) 203.
Book Reviews
Book Review of "Judges" (1989) 6:2 Auckland University Law Review, 300.
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