The New Public Health Law A Transdisciplinary Approach to Practice and Advocacy

Public health law isn't just for lawyers. Or at least it doesn't have to be.

The New Public Health Law is the first textbook to arm lawyers and public health professionals of any background with the tools to fully exploit the potential of law to improve public health. Its transdisciplinary approach breaks down complex legal processes into discrete and understandable stages, making it an indispensable roadmap for the difficult work of crafting, monitoring, and improving public health laws.

Suitable for courses in public health, law, and social work, this text offers straightforward chapters that move through the life-cycle of public health law practice from the perspective of attorneys and non-attorneys: policy development; implementation; advocacy; enforcement; and monitoring and evaluation. Introductory chapters set out necessary background on the health and legal systems, ethics, and the federal structure of U.S. law, and ensuing chapters outline the legal doctrines essential to public health law at all levels.

Enriched with thought-provoking exercises and written for readers of any background, The New Public Health Law sets a new and richly accessible standard for understanding and leveraging policy to further the public good.

Scott C. Burris, JD, is Professor of Law and Public Health at Temple University.

Micah L. Berman, JD, is Associate Professor of Public Health and Law, The Ohio State University.

Matthew S. Penn, JD, MLIS, is Director of the Public Health Law Program at the Centers for Disease Control and Prevention's Office of State, Tribal, Local and Territorial Support.

Tara Ramanathan Holiday, JD, MPH, is a public health analyst in the Public Health Law Program at the Centers for Disease Control and Prevention's Office of State, Tribal, Local, and Territorial Support.

Introduction

Section 1: Foundations of Public Health Law and Ethics

1. Public Health and Law
2. The Public Health Law System
3. A Transdisciplinary Approach to Public Health Law
4. Ethics in Transdisciplinary Practice

Section 2: Policy Development: Solving Problems with Law

5. Identifying Public Health Problems
6. Choosing a Legal Approach
7. Evidence for Policy: Sources and Nature of Evidence

Section 3: The Power to Act: Legal Authority and Its Limitations

8. The Constitution, Federalism, and Federal Preemption
9. Federal Public Health Authority
10. State and Local Public Health Authority
11. Constitutional Limitations: Due Process of Law
12. Constitutional Limitations: Equal Protection of Law
13. Constitutional Limitations: The First and Second Amendments
14. Administrative Challenges

Section 4: From Policy Idea to Law on the Books: Advocacy and Legal Strategy

15. Strategic Considerations
16. How to Write a Law
17. Public Health Advocacy

Section 5: Putting Law Into Practice: Enforcement and Implementation

18. Models of Regulation
19. The Enforcement Process
20. Defending Lawsuits

Section 6: Diffusing Effective Legal Solutions: Policy Surveillance and Evaluation

21. Scientific Evaluation in Transdisciplinary Public Health Research and Practice

Index