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List of Illustrations | |
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List of Tables | |
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List of Boxes | |
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Foreword | |
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Preface to the Second Edition | |
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Acknowledgments | |
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Conceptual Foundations of Public Health Law | |
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A Theory and Definition of Public Health Law | |
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Public Health Law: A Definition and Core Values | |
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Public Health Statutes: Legal Foundations of Public Health Agencies | |
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Law as a Tool for the Public's Health: Models of Legal Intervention | |
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The Legitimate Scope of Public Health and the Law | |
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Public Health Regulation: A Systematic Evaluation | |
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General Justifications for Public Health Regulation | |
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Is the Risk Significant? Risk Assessments | |
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Is the Regulation Effective? The "Means/Ends" Test | |
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Is the Regulation Cost-Effective? | |
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Is the Regulation the Least Restrictive Alternative? Personal Burdens | |
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Is the Regulation Fair? Just Distribution of Benefits, Burdens, and Costs | |
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"Transparency": A Principle of Good Public Health Governance | |
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The "Precautionary Principle": Acting under Conditions of Scientific Uncertainty | |
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Law and the Public's Health | |
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Public Health Law in the Constitutional Design: Public Health Powers and Duties | |
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Constitutional Functions and Their Application to Public Health | |
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The Negative Constitution: The Absence of Government's Duty to Protect Health and Safety | |
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State and Local Power to Ensure the Conditions for the Public's Health: Salus Populi Est Suprema Lex | |
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Federal Power to Safeguard the Public's Health | |
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New Federalism and the Public's Health | |
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Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms | |
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Public Health and the Bill of Rights: The Incorporation Doctrine | |
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Jacobson v. Massachusetts: Police Power and Civil Liberties in Tension | |
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The Enduring Meaning of Jacobson | |
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Public Health Powers in the Modern Constitutional Era | |
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Public Health Governance: Direct Regulation for the Public's Health and Safety | |
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A Brief History of Public Health Regulation | |
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Public Health Agencies and the Rise of the Administrative State | |
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Administrative Law: Powers and Limits of Executive Agencies | |
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New Governance: Theory and Practice | |
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Tort Law and the Public's Health: Indirect Regulation | |
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Major Theories of Tort Liability | |
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Scientific Conundrums in Mass Tort Litigation: Epidemiology in the Courtroom | |
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The Public Health Value of Tort Litigation | |
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"The Tobacco Wars": A Case Study | |
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Tort Litigation to Prevent Firearm Injuries: A Case Study | |
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The Limitations of Tort Law: Social and Economic Costs | |
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Global Health Law: Health in a Global Community | |
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Globalization and the Spread of Infectious Disease, Man-Made and Controllable | |
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The Epidemiologic Transition from Infectious to Noncommunicable Diseases: A Double Burden in Resource-Poor Countries | |
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International Health Regulations: A Historic Development in Global Governance | |
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Framework Convention on Tobacco Control: Global Strategies to Reduce Smoking | |
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World Trade and World Health | |
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Human Rights: Advancing Dignity, Justice, and Security in Health | |
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Public Health and Civil Liberties in Conflict | |
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Surveillance and Public Health Research: Personal Privacy and the "Right to Know" | |
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Public Health Surveillance | |
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Mandatory Reporting of Diseases and Other Health Conditions | |
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Physician and Community Resistance to Notification Laws: Case Studies on HIV and Diabetes Surveillance | |
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Partner Notification: Contact Tracing, Duty to Warn, and Right to Know | |
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Public Health Research | |
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Privacy, Confidentiality, and Security: Defining Concepts | |
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Health Information Privacy: Ethical Underpinnings | |
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Health Information Privacy: Legal Status | |
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Toward a Model Public Health Information Privacy Law | |
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Health, Communication, and Behavior: Freedom of Expression | |
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Two Antithetical Theories of Health Communication | |
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Government Speech: Public Health Communications | |
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When Government Speaks: A Constitutional Perspective | |
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Commercial Speech | |
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Compelled Commercial Speech: Health and Safety Disclosure Requirements | |
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Food Marketing to Children: A Case Study | |
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Medical Countermeasures for Epidemic Disease: Bodily Integrity | |
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Compulsory Vaccination: Immunizing the Population against Disease | |
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Testing and Screening | |
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A Case Study on HIV Screening: Public Health and Civil Liberties in Conflict? | |
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Compulsory Physical Examination and Medical Treatment | |
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Public Health Strategies for Epidemic Disease: Association, Travel, and Liberty | |
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A Brief History of the Ancient Power of Quarantine | |
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Isolation and Quarantine: Law, Ethics, and Public Policy | |
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Community Containment Strategies | |
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Pandemic Influenza: A Case Study on Medical Countermeasures and Public Health Interventions | |
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Economic Liberty and the Pursuit of Public Health | |
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The Regulatory Tools of Public Health Agencies | |
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Economic Liberty: Contracts, Property Uses, and "Takings" | |
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The Normative Value of Economic Liberty | |
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The Future of the Public's Health | |
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Concluding Reflections on the Field | |
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Public Health, Politics, and Money | |
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Leadership and Jurisdiction | |
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Legitimacy and Trust | |
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Powers and Limits in Public Health: A Case Study on Obesity and Chronic Disease | |
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The Future of Public Health Law | |
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Notes | |
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Selected Bibliography | |
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Table of Cases | |
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Index | |
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About the Author | |