Peter J. Hammer
Office: Room 3225
Telephone: (313) 577-0830
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B.A., B.S., Gonzaga University
J.D., Ph.D. (economics), University of Michigan
Health Policy: The Firm, The Market & The Law
International Organizations and Public Health
A Professor at Wayne State University Law School since 2003, Professor Hammer specializes in Health Law & Policy, examining the industry from an institutional economic perspective. He is a recipient of an Investigator Award in Health Policy Research from the Robert Wood Johnson Foundation, and served as lead editor for Uncertain Times: Kenneth Arrow and the Changing Economics of Health Care, a book published by Duke University Press (2003). Before joining Wayne State, Professor Hammer spent several years on the faculty of the University of Michigan Law School. He is presently an Adjunct Professor at the University of Michigan School of Public Health in the Department of Health Management and Policy.
Prior to entering academia, he was an associate at the Los Angeles office of O’Melveny & Myers, where he maintained an active practice in antitrust, health law, and the presentation of expert economic testimony. Professor Hammer received his undergraduate education at Gonzaga University and completed his professional and graduate education at the University of Michigan, where he received a J.D. and a Ph.D. (economics). Before entering private practice, he clerked for the Honorable Alfred T. Goodwin, former Chief Judge of the Ninth Circuit U.S. Court of Appeals.
At Wayne State, Professor Hammer has helped redesign the School’s growing Health Law curriculum. In addition to Contracts in the first curriculum, he teaches courses in Health Care Quality, Licensing & Liability; Health Care Organization & Finance; International Organizations & Public Health, and Health Policy: The Firm, The Market & The Law.
Professor Hammer maintains an active interest in international health policy and questions of law & development, with a particular focus on Cambodia. In 2007, he was Visiting Professor at the Center for Khmer Studies, teaching in their Capacity Building in Cambodian Higher Education program focusing on Cambodia at the Margins: Minority Groups and Borderlines. Professor Hammer is also the recipient of two research grants from the Center for Khmer studies, (1) Interfacing Local & Global: Cambodian Institutions and International Aid Initiatives and (2) The Role of Social Institutions in Cambodian Economic Development.
Professor Hammer was a founding Board Member and past-President of Legal Aid of Cambodia, a non-profit, non-governmental organization providing free legal services to Cambodia’s poor. At the University of Michigan Law School, he founded and directed the school’s Program for Cambodian Law & Development. He is presently a Board Member of the Life & Hope Association, and organization in Siem Reap, Cambodia, run by Buddhists monks to address the needs of orphans and vulnerable children.
His writings on Cambodia include: The Elusive Face of Cambodian Justice, in Awaiting Justice: Essays on Accountability in Cambodia (Beth Van Shaack, ed.) (Mellon Press) (2005) and Competition Law in Cambodia, in Competition Law and Policy in ASEAN Countries, (G.Sivalingam, ed.) (Consumer International) (2004).
Living on the Margins: Minorities and Borderlines in Cambodia and Southeast Asia (The Center for Khmer Studies) 2009 Edited by Peter Hammer
Cambodia is undergoing dramatic political, economic and social changes, placing new pressures on minority groups and vulnerable peoples. Some changes are driven by Cambodia's uniquely troubled history. Other forces are global, affecting Cambodia and all other nations in the region. This volume presents a collection of select edited papers presented at an International Conference in Siem Reap, Cambodia, sponsored by the Center for Khmer Studies with the support of the Rockefeller Foundation as part of their Capacity Building in Cambodian Higher Education Program. Important insights can be gained by looking at the lives of those living on the margins. An appreciation of margins, minorities and borderlines teaches a number of object lessons, but it also suggests an enlightening method of analysis. Margins identify fault lines, demarcating borders where powerful tectonic plates rub against each other, whether these plates represent conflicting social institutions or the forces of transcendent, but ill-defined processes like nation-building, economic development or globalization. Engaging the lives of real people caught on these margins can lead to new understandings of the often invisible forces shaping and reshaping Cambodia and the region. The problems of ethnic groups are one concern. Transnational and cross border influences are creating new challenges and opportunities for ethnic minorities. The Cham and other Muslim communities are reconnecting to international Islam. Labor markets cross national boundaries. Vietnamese migrant workers travel to Cambodia, as Cambodian workers travel to Thailand. International loans, agencies and programs targeting development, itself an often disruptive cross border force, are transforming many Cambodian institutions and redefining traditional social margins in the process. This clash of forces is most profoundly felt by the indigenous peoples of the northeast, but the papers also examine other minorities and vulnerable groups who have been systematically denied access to important social resources. Theories of social exclusion teach that the landless, street children, victims of domestic violence and gay and lesbian persons are on the margins of different Cambodian institutions and that borders are not only of a geographic nature.
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Uncertain Times: Kenneth Arrow and the Changing Economics of Health Care (Duke University Press) November 2003 co-edited with Deborah Haas-Wilson, Mark A. Peterson, and William M. Sage
This collection revisits Nobel Prize-Winning economist Kenneth Arrow's classic 1963 essay "Uncertainty and the Welfare Economics of Medical Care" in light of the many changes in American health care since its publication. Coming from diverse backgrounds — economics, law, political science and the health care industry -- the contributors use Arrow's article to address an array of present-day health policy questions, ranging from insurance and technological innovation, to the role of charity, self-regulation and non-profit status.
The Architecture of Health Care Markets: Economic Sociology and Antitrust Law, HOUS. J. HEALTH L & POLICY (forthcoming 2007).
The Trials of Tenofovir: Mediating the Ethics of Third-World Research, 4 U. SANTA CLARA J. INT’L. (2006); 9 U. TECH. SYDNEY L. REV. 184 (2005) (with Tammy Sue Lundstrom).
Competition and Quality as Dynamic Processes in the Balkans of American Health Care, 31 J. HEALTH POLITICS, POLICY & LAW 473 (Special Issue, Evaluation of DOJ/FTC Report Improving Health Care: A Dose of Competition Peter D. Jacobson and David A. Hyman, eds.) (2006).
Slaying Dragons: Malpractice Beyond Myth, Review of The Medical Malpractice Myth by Tom Baker, 25(1) HEALTH AFFAIRS 289 (January/February 2006).
Medical Code Blue or Blue Light Special: Where is the Market for Indigent Care?, 6 J.L. Soc'y 82 (2005).
The Elusive Face of Cambodian Justice, in AWAITING JUSTICE: ESSAYS ON ACCOUNTABILITY IN CAMBODIA (Beth Van Shaack, ed.) (Mellon Press) (2005).
Competition Law in Cambodia, in COMPETITION LAW AND POLICY IN ASEAN COUNTRIES, (G.Sivalingam, ed.) (Consumer International) (2004).
Monopsony as an Agency and Regulatory Problem in Health Care, 71 ANTITRUST L. J. 949 (2004) (with William M. Sage).
Struck Down: State “Any Willing Provider” Laws Frustrate HMO Ability to Offer Care, editorial in LOS ANGELES DAILY JOURNAL at A6 (February 3, 2003).
Critical Issues in Hospital Antitrust Law, 22(6) HEALTH AFFAIRS 88 (November/December 2003) (with William M. Sage).
Institutional Economics for Health Policy?, Review of The Economic Dynamics of Environmental Law by David M. Driesen, 22(2) HEALTH AFFAIRS 277 (March/April 2003).
A Copernican View of Health Care Antitrust, 65 LAW & CONTEMP. PROBS. 241 (Special Issue: Is the Health Care Revolution Over?, Clark C. Havighurst, ed.) (2002) (with William M. Sage).
Antitrust, Health Care Quality, and the Courts, 102 COLUM. L. REV. 545 (2002) (with William M. Sage).
How Doctors Became Distributors: A Fabled Story of Vertical Relations, (AALS Antitrust Law Section, Guilds at the Millennium: Antitrust and the Professions) 14 LOY. CONSUMER L. REP. 411 (2002).
The Pricing of Essential Aids Drugs: Markets, Politics and Public Health, 5(4) J. INT’L ECON. LAW 883 (Special Issue: International Trade Law and Public Health, Gregg Bloche, ed..) (2002).
Medical Antitrust Reform: Arrow, Coase and the Changing Structure of the Firm, in THE PRIVATIZATION OF HEALTH CARE REFORM, at 113 (Gregg Bloche, ed.) (Oxford University Press) (2002).
Rush Prudential HMO v. Moran: The Need for a Consistent Theory of ERISA Health Care Regulation, HEALTH LAW NEWS at 5 (October 2002).
Health Care Quality and Antitrust Law: Lessons from the Cases, in 2002 HEALTH LAW HANDBOOK at 549 (Alice G. Gosfield, ed) (West Group) (2002) (with William Sage).
Introduction: “Why Arrow? Why Now? 26(5) J. HEALTH POLITICS, POLICY & LAW 835 (Special Issue, Kenneth Arrow and the Changing Economics of Health Care, Peter J. Hammer, Deborah Haas-Wilson, and William M. Sage, eds.) (2001).
Arrow’s Analysis of Social Institutions: Entering the Marketplace with Giving Hands? 26(5) J. HEALTH POLITICS, POLICY & LAW 1011 (Special Issue, Kenneth Arrow and the Changing Economics of Health Care, Peter J. Hammer, Deborah Haas-Wilson, and William M. Sage, eds.) (2001).
Pegram v. Herdrich: On Peritonitis, Preemption and the Elusive Goal of Managed Care Accountability, 26(4) J. HEALTH POLITICS, POLICY & LAW 767 (2001).
Antitrust Beyond Competition: Market Failures, Total Welfare and the Challenge of Intra-Market Second Best Tradeoffs, 98 MICH. L. REV. 849 (2000).
Assisted Suicide and the Challenge of Individually Determined Collective Rationality, in LAW AT THE END OF LIFE: THE SUPREME COURT AND ASSISTED SUICIDE, (Carl Schneider, ed.) (University of Michigan Press) (2000).
Killing the Khmer Rouge?, J. OF THE INT’L INSTITUTE at 1 (Vol. 7, no.2, Winter 2000) (University of Michigan).
Questioning Traditional Antitrust Presumptions: Price and Non-Price Competition in Hospital Markets, (Symposium Issue, What’s the Prognosis: Managed Care in the Next Century), 32 MICH. J. L. REF. 727 (1999).
Competing on Quality of Care: The Need to Develop a Competition Policy for Health Care Markets, (Symposium Issue, What’s the Prognosis: Managed Care in the Next Century), 32 MICH. J. L. REF. 1069 (1999) (with William M. Sage).
Price and Quality Competition in Health Care Markets: The Comparative Institutional Case Against an Antitrust Exemption for Medical Self-Regulation, in ACHIEVING QUALITY IN MANAGED CARE: THE ROLE OF LAW, 123-53 (John D. Blum, ed.) (Health Law Section ABA) (June 1997).
Destroying the Village, PHNOM PENH POST, 10 (September 12-25, 1997).
Help Cambodia: Period of Turmoil is no Time to Cut Back on U.S. Assistance, DETROIT FREE PRESS, A15 (July 31, 1997).
Free Speech and the Acid Bath: An Evaluation and Critique of Judge Richard Posner’s Economic Interpretation of the First Amendment, 87 MICH. L. REV. 499 (1988).
- March 16, 2010
Peter Hammer gave a presentation titled "Complex Adaptive Systems: The Narrow Horizon of Malpractice" at a Michigan State University Law School Conference on the future of Medical Malpractice Reform on Feb. 19, 2010.
- March 16, 2010
Peter Hammer was appointed a member of the Michigan Roundtable Housing Project Steering Committee on the formation of a Truth and Reconciliation Commission to examine the history of race disctimination in Detroit and its present day effects.
- March 16, 2010
Peter Hammer gave a presentation titled "The Elusive Face of Cambodian Justice" for Wayne Law's Program for International Legal Studies on Jan. 21, 2010.
- August 26, 2009
Peter Hammer testified before the State House Judiciary Committee in favor of a bill that would expand state civil rights protection under the Elliott-Larsen Act to include sexual orientation and gender identity. Click here to view his testimony.
- March 12, 2009
Peter Hammer edited a set of conference proceedings titled "Living on the Margins: Minorities and Borderlines in Cambodia and Southeast Asia" recently published by the Center for Khmer Studies in Cambodia.
- May 27, 2008
Peter Hammer gave the keynote address at a conference "Mainland Southeast Asia at its Margins: Minority Groups and Borders" sponsored by the Center for Khmer Studies in Siem Reap, Cambodia, March 17-18, 2008. The presentation was entitled "Development as Tragedy: The Asian Development Bank and Indigenous Peoples in Cambodia."
He made a presentation to a joint meeting of the Michigan State Bar Health Care and Antitrust Law Sections on May 7, 2008 in Novi: "The Architecture of Health Care Markets: Economic Sociology and Antitrust Law"
He moderated a discussion for Detroit Public Television on May 10, 2008 following a public screening of a new Documentary entitled New Year's Baby about a Cambodian refugee's travel back to Cambodia to piece together the unspoken of secrets in her family's history.
- Peter Hammer was quoted in a Lansing Journal article titled "Michigan AG wants Supreme Court to let states keep gay marriage bans."
- Peter Hammer was quoted in a Lansing State Journal article titled "Michigan AG wants Supreme Court to let states keep gay marriage bans."
- Peter Hammer and student Kanika Suri spoke with Craig Fahle on WDET-FM about an upcoming symposium sponsored by the Journal of Law in Society. The segment was titled "WSU symposium on 'Debunking the Post-Racial Myth.'" The symposium will take place March 22 at the Law School.
- Peter Hammer was interviewed by Crain's Detroit Business for a story titled "Q & A: Wayne State law professor Peter Hammer, on the gay marriage ban case,"
- Peter Hammer was quoted in a Michigan Chronicle article titled "Governor Snyder declares financial emergency in Detroit."
- Peter Hammer was featured in a Legal News article titled "Chapter and Verse" about a presentation made Jan. 28 at Wayne Law to U.S. Court of Appeals Judge Damon Keith, for whom the Damon J. Keith Center for Civil Rights at the Law School is named.
- Peter Hammer was part of a panel speaking with Craig Fahle on WDET-FM radio for a segment titled "Now that a framework for Detroit Future City has been built, will it work?"
- Peter Hammer was part of a panel discussion on WDET's Craig Fahle Show titled "The future of health care and Obamacare."
- Peter Hammer was the subject of a feature story in the Ann Arbor Journal titled "Local resident Peter Hammer shares his human rights work in Cambodia with Life and Hope Association."
- Peter Hammer is quoted in a Detroit Free Press article titled "Obama makes a stand, says he supports gay marriage."
- Peter Hammer was interviewed on WDET-FM's Craig Fahle Show about the possible transition of Blue Cross Blue Shield of Michigan from a nonprofit organization to a private insurer.
- Peter Hammer commented in a Detroit Free Press article titled "Emancipation Proclamation to make rare stop in Michigan." The document is to make a rare, round-the-clock appearance next week at the Henry Ford in Dearborn and is part of a National Archives exhibition about the Civil War that is on a multicity tour. Hammer applauded the Henry Ford for making the Emancipation Proclamation available for people to see for free. "I would say this is one of the most important documents in American history," Hammer said. "It's incredibly exciting. We have to make history come alive for people today, especially as we continue to celebrate the 150th anniversary of the Civil War."
- Peter Hammer was profiled in a Detroit Lega News article. The article highlights Hammer's hope in Detroit.
- Peter Hammer commented briefly in a Detroit Free Press article titled "Court clears path for Chrysler-Fiat to close" about the one-day delay in bankruptcy proceedings imposed by Justice Ruth Bader Ginsburg.
- Peter Hammer and his lecture on health care reform during Wayne Law's "Legal Perspectives on the Obama Administration" Symposium were highlighted in the Detroit Legal News on Jan. 22, 2009.
- Peter Hammer commented on community complaints surrounding rules for Michigan's new medical marijuana program in the Detroit Free Press on Jan. 6, 2009.
- Peter Hammer provided expert testimony in a public hearing headed by Michigan Gov. Jennifer Granholm on Detroit Mayor Kwame Kilpatrick's role in an $8.4-million settlement with fired police officers who sued the city.
- Peter Hammer was quoted by the Detroit News in an article titled "Excerpts from the hearing" on Sept. 4, 2008.
- Peter Hammer was quoted by Ben Schmitt in the Detroit Free Press in an article titled "City lawyer testifies she never saw a secret settlement document" on Sep. 3, 2008.
- Peter Hammer was featured by the Detroit News in an article titled "Witness List" on Sep. 3, 2008.
- Peter Hammer was quoted by David Josar, Christine MacDonald and Leonard N. Fleming in the Detroit News in an article titled "Stefani testifies about agreement city, Kilpatrick made in text scandal" on Sep. 3, 2008.
- Peter Hammer was featured by Ed White and Corey Williams in the Dearborn Daily Tribune in an article titled "Governor's hearing to remove Detroit mayor begins" on Sep. 3, 2008.
- Peter Hammer was an expert witness for the Detroit City Council at the special hearing called by Gov. Jennifer Granholm to look into whether Mayor Kwame Kilpatrick should be removed from office. Hammer testified regarding aspects of contract law. WWJ-AM mentioned his role several times on-air on Sept. 3, 2008.
- Peter Hammer was featured in the Detroit News in an article titled "McPhail submits names for governor's hearing" on Aug. 26, 2008.
- Peter Hammer was mentioned in a recent Detroit Free Press article titled "Goodman adds to Granholm's witness list" on Aug. 18, 2008. The article states that Hammer will be asked to testify about the legal nature of the $8.4 million settlement Kilpatrick agreed to in the whistle-blower lawsuit by three former Detroit police officers who were fired.
- Peter Hammer was quoted by Liane Kufchock on Bloomberg.com in a post titled "Yahoo Asks Court to Dismiss Chinese Dissident's Torture Case," on Aug. 28, 2007.