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15 - Experimental Jurisprudence of Health and Disability Law

from Part II - Introductions

Published online by Cambridge University Press:  17 May 2025

Kevin Tobia
Affiliation:
Georgetown University, Washington DC
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Summary

The COVID-19 pandemic has made health law and disability law prominent in every area of life. Health law and disability law were therefore upgraded to the status of popular law school classes as well as to more mainstream legal scholars’ research agendas. Experimental jurisprudence scholarship has also gained momentum in recent years. Yet while the use of experiments to study policy and legal issues related to health and disability is off to a promising start, the potential of this approach remains far from being realized. In this essay, I will first show how the use of experiments has helped revisit core concepts in the fields of health law and disability law. I then review three strands of work that emerged in the existing literature on “experimental health and disability law”: the study of framing – the language of public health messaging; measuring perceived deservingness of government benefits; and testing efficacy of physicians’ conflict of interest disclosures. I conclude by pointing to new directions scholars should explore in future work.

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Publisher: Cambridge University Press
Print publication year: 2025

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