Public Health Law

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

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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.

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 Illustrationsp. xi
List of Tablesp. xv
List of Boxesp. xvii
Forewordp. xix
Preface to the Second Editionp. xxi
Acknowledgmentsp. xxix
Conceptual Foundations of Public Health Law
A Theory and Definition of Public Health Lawp. 3
Public Health Law: A Definition and Core Valuesp. 4
Public Health Statutes: Legal Foundations of Public Health Agenciesp. 23
Law as a Tool for the Public's Health: Models of Legal Interventionp. 28
The Legitimate Scope of Public Health and the Lawp. 38
Public Health Regulation: A Systematic Evaluationp. 43
General Justifications for Public Health Regulationp. 47
Is the Risk Significant? Risk Assessmentsp. 54
Is the Regulation Effective? The "Means/Ends" Testp. 63
Is the Regulation Cost-Effective?p. 64
Is the Regulation the Least Restrictive Alternative? Personal Burdensp. 68
Is the Regulation Fair? Just Distribution of Benefits, Burdens, and Costsp. 68
"Transparency": A Principle of Good Public Health Governancep. 70
The "Precautionary Principle": Acting under Conditions of Scientific Uncertaintyp. 72
Law and the Public's Health
Public Health Law in the Constitutional Design: Public Health Powers and Dutiesp. 77
Constitutional Functions and Their Application to Public Healthp. 77
The Negative Constitution: The Absence of Government's Duty to Protect Health and Safetyp. 86
State and Local Power to Ensure the Conditions for the Public's Health: Salus Populi Est Suprema Lexp. 91
Federal Power to Safeguard the Public's Healthp. 98
New Federalism and the Public's Healthp. 109
Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedomsp. 113
Public Health and the Bill of Rights: The Incorporation Doctrinep. 114
Jacobson v. Massachusetts: Police Power and Civil Liberties in Tensionp. 116
The Enduring Meaning of Jacobsonp. 130
Public Health Powers in the Modern Constitutional Erap. 131
Public Health Governance: Direct Regulation for the Public's Health and Safetyp. 147
A Brief History of Public Health Regulationp. 149
Public Health Agencies and the Rise of the Administrative Statep. 153
Administrative Law: Powers and Limits of Executive Agenciesp. 166
New Governance: Theory and Practicep. 171
Tort Law and the Public's Health: Indirect Regulationp. 181
Major Theories of Tort Liabilityp. 183
Scientific Conundrums in Mass Tort Litigation: Epidemiology in the Courtroomp. 196
The Public Health Value of Tort Litigationp. 202
"The Tobacco Wars": A Case Studyp. 204
Tort Litigation to Prevent Firearm Injuries: A Case Studyp. 216
The Limitations of Tort Law: Social and Economic Costsp. 224
Global Health Law: Health in a Global Communityp. 229
Globalization and the Spread of Infectious Disease, Man-Made and Controllablep. 234
The Epidemiologic Transition from Infectious to Noncommunicable Diseases: A Double Burden in Resource-Poor Countriesp. 237
International Health Regulations: A Historic Development in Global Governancep. 245
Framework Convention on Tobacco Control: Global Strategies to Reduce Smokingp. 254
World Trade and World Healthp. 258
Human Rights: Advancing Dignity, Justice, and Security in Healthp. 270
Public Health and Civil Liberties in Conflict
Surveillance and Public Health Research: Personal Privacy and the "Right to Know"p. 287
Public Health Surveillancep. 290
Mandatory Reporting of Diseases and Other Health Conditionsp. 295
Physician and Community Resistance to Notification Laws: Case Studies on HIV and Diabetes Surveillancep. 297
Partner Notification: Contact Tracing, Duty to Warn, and Right to Knowp. 302
Public Health Researchp. 307
Privacy, Confidentiality, and Security: Defining Conceptsp. 315
Health Information Privacy: Ethical Underpinningsp. 319
Health Information Privacy: Legal Statusp. 320
Toward a Model Public Health Information Privacy Lawp. 327
Health, Communication, and Behavior: Freedom of Expressionp. 333
Two Antithetical Theories of Health Communicationp. 334
Government Speech: Public Health Communicationsp. 336
When Government Speaks: A Constitutional Perspectivep. 342
Commercial Speechp. 343
Compelled Commercial Speech: Health and Safety Disclosure Requirementsp. 361
Food Marketing to Children: A Case Studyp. 365
Medical Countermeasures for Epidemic Disease: Bodily Integrityp. 371
Compulsory Vaccination: Immunizing the Population against Diseasep. 376
Testing and Screeningp. 395
A Case Study on HIV Screening: Public Health and Civil Liberties in Conflict?p. 404
Compulsory Physical Examination and Medical Treatmentp. 410
Public Health Strategies for Epidemic Disease: Association, Travel, and Libertyp. 421
A Brief History of the Ancient Power of Quarantinep. 422
Isolation and Quarantine: Law, Ethics, and Public Policyp. 428
Community Containment Strategiesp. 445
Pandemic Influenza: A Case Study on Medical Countermeasures and Public Health Interventionsp. 450
Economic Liberty and the Pursuit of Public Healthp. 461
The Regulatory Tools of Public Health Agenciesp. 463
Economic Liberty: Contracts, Property Uses, and "Takings"p. 473
The Normative Value of Economic Libertyp. 487
The Future of the Public's Health
Concluding Reflections on the Fieldp. 491
Public Health, Politics, and Moneyp. 492
Leadership and Jurisdictionp. 493
Legitimacy and Trustp. 495
Powers and Limits in Public Health: A Case Study on Obesity and Chronic Diseasep. 496
The Future of Public Health Lawp. 513
Notesp. 515
Selected Bibliographyp. 721
Table of Casesp. 741
Indexp. 757
About the Authorp. 768
Table of Contents provided by Ingram. All Rights Reserved.

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