Public Health Law

by Gostin, Lawrence O.

• ISBN13: 9780520253766
• ISBN10: 0520253760
• Edition: 2nd
• Format: Paperback
• Copyright: 2008-10-05
• Publisher: Univ of California Pr

Summary

Public Health Law,first published in 2000, has been widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.

Author Biography

Lawrence O. Gostin is Associate Dean and the Linda D. and Timothy J. O'Neill Professor of Global Health Law at the Georgetown University Law Center, where he directs the O'Neill Institute for National and Global Health Law. He is Professor of Public Health at Johns Hopkins University and Director of the Center for Law and the Public's Health (a WHO and CDC Collaborating Center). He is also Visiting Professor of Public Health (Faculty of Medical Sciences) and Research Fellow (Centre far Socio-Legal Studies) at Oxford University.

Table of Contents

List of Illustrations	p. xi
List of Tables	p. xv
List of Boxes	p. xvii
Foreword	p. xix
Preface to the Second Edition	p. xxi
Acknowledgments	p. xxix
Conceptual Foundations of Public Health Law
A Theory and Definition of Public Health Law	p. 3
Public Health Law: A Definition and Core Values	p. 4
Public Health Statutes: Legal Foundations of Public Health Agencies	p. 23
Law as a Tool for the Public's Health: Models of Legal Intervention	p. 28
The Legitimate Scope of Public Health and the Law	p. 38
Public Health Regulation: A Systematic Evaluation	p. 43
General Justifications for Public Health Regulation	p. 47
Is the Risk Significant? Risk Assessments	p. 54
Is the Regulation Effective? The "Means/Ends" Test	p. 63
Is the Regulation Cost-Effective?	p. 64
Is the Regulation the Least Restrictive Alternative? Personal Burdens	p. 68
Is the Regulation Fair? Just Distribution of Benefits, Burdens, and Costs	p. 68
"Transparency": A Principle of Good Public Health Governance	p. 70
The "Precautionary Principle": Acting under Conditions of Scientific Uncertainty	p. 72
Law and the Public's Health
Public Health Law in the Constitutional Design: Public Health Powers and Duties	p. 77
Constitutional Functions and Their Application to Public Health	p. 77
The Negative Constitution: The Absence of Government's Duty to Protect Health and Safety	p. 86
State and Local Power to Ensure the Conditions for the Public's Health: Salus Populi Est Suprema Lex	p. 91
Federal Power to Safeguard the Public's Health	p. 98
New Federalism and the Public's Health	p. 109
Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms	p. 113
Public Health and the Bill of Rights: The Incorporation Doctrine	p. 114
Jacobson v. Massachusetts: Police Power and Civil Liberties in Tension	p. 116
The Enduring Meaning of Jacobson	p. 130
Public Health Powers in the Modern Constitutional Era	p. 131
Public Health Governance: Direct Regulation for the Public's Health and Safety	p. 147
A Brief History of Public Health Regulation	p. 149
Public Health Agencies and the Rise of the Administrative State	p. 153
Administrative Law: Powers and Limits of Executive Agencies	p. 166
New Governance: Theory and Practice	p. 171
Tort Law and the Public's Health: Indirect Regulation	p. 181
Major Theories of Tort Liability	p. 183
Scientific Conundrums in Mass Tort Litigation: Epidemiology in the Courtroom	p. 196
The Public Health Value of Tort Litigation	p. 202
"The Tobacco Wars": A Case Study	p. 204
Tort Litigation to Prevent Firearm Injuries: A Case Study	p. 216
The Limitations of Tort Law: Social and Economic Costs	p. 224
Global Health Law: Health in a Global Community	p. 229
Globalization and the Spread of Infectious Disease, Man-Made and Controllable	p. 234
The Epidemiologic Transition from Infectious to Noncommunicable Diseases: A Double Burden in Resource-Poor Countries	p. 237
International Health Regulations: A Historic Development in Global Governance	p. 245
Framework Convention on Tobacco Control: Global Strategies to Reduce Smoking	p. 254
World Trade and World Health	p. 258
Human Rights: Advancing Dignity, Justice, and Security in Health	p. 270
Public Health and Civil Liberties in Conflict
Surveillance and Public Health Research: Personal Privacy and the "Right to Know"	p. 287
Public Health Surveillance	p. 290
Mandatory Reporting of Diseases and Other Health Conditions	p. 295
Physician and Community Resistance to Notification Laws: Case Studies on HIV and Diabetes Surveillance	p. 297
Partner Notification: Contact Tracing, Duty to Warn, and Right to Know	p. 302
Public Health Research	p. 307
Privacy, Confidentiality, and Security: Defining Concepts	p. 315
Health Information Privacy: Ethical Underpinnings	p. 319
Health Information Privacy: Legal Status	p. 320
Toward a Model Public Health Information Privacy Law	p. 327
Health, Communication, and Behavior: Freedom of Expression	p. 333
Two Antithetical Theories of Health Communication	p. 334
Government Speech: Public Health Communications	p. 336
When Government Speaks: A Constitutional Perspective	p. 342
Commercial Speech	p. 343
Compelled Commercial Speech: Health and Safety Disclosure Requirements	p. 361
Food Marketing to Children: A Case Study	p. 365
Medical Countermeasures for Epidemic Disease: Bodily Integrity	p. 371
Compulsory Vaccination: Immunizing the Population against Disease	p. 376
Testing and Screening	p. 395
A Case Study on HIV Screening: Public Health and Civil Liberties in Conflict?	p. 404
Compulsory Physical Examination and Medical Treatment	p. 410
Public Health Strategies for Epidemic Disease: Association, Travel, and Liberty	p. 421
A Brief History of the Ancient Power of Quarantine	p. 422
Isolation and Quarantine: Law, Ethics, and Public Policy	p. 428
Community Containment Strategies	p. 445
Pandemic Influenza: A Case Study on Medical Countermeasures and Public Health Interventions	p. 450
Economic Liberty and the Pursuit of Public Health	p. 461
The Regulatory Tools of Public Health Agencies	p. 463
Economic Liberty: Contracts, Property Uses, and "Takings"	p. 473
The Normative Value of Economic Liberty	p. 487
The Future of the Public's Health
Concluding Reflections on the Field	p. 491
Public Health, Politics, and Money	p. 492
Leadership and Jurisdiction	p. 493
Legitimacy and Trust	p. 495
Powers and Limits in Public Health: A Case Study on Obesity and Chronic Disease	p. 496
The Future of Public Health Law	p. 513
Notes	p. 515
Selected Bibliography	p. 721
Table of Cases	p. 741
Index	p. 757
About the Author	p. 768
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