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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.
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|
|Preface to the Second Edition||p. xxi|
|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|
|Selected Bibliography||p. 721|
|Table of Cases||p. 741|
|About the Author||p. 768|
|Table of Contents provided by Ingram. All Rights Reserved.|