Public Health Law Power, Duty, Restraint

ISBN-10: 0520253760
ISBN-13: 9780520253766
Edition: 2nd 2008 (Revised)
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Description: Lawrence O. Gostin's seminalPublic 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. Gostin's definition was based on the notion that the  More...

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Book details

List price: $54.95
Edition: 2nd
Copyright year: 2008
Publisher: University of California Press
Publication date: 10/2/2008
Binding: Paperback
Pages: 800
Size: 6.00" wide x 9.00" long x 1.75" tall
Weight: 2.574
Language: English

Lawrence O. Gostin's seminalPublic 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. Gostin's definition was based on the notion that the government bears certain responsibilities for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's inherent powers and duties.Public Health Law's analysis of constitutional powers and limits, as well as statutory, administrative, and tort law, showed law to be an effective tool in the realization of a healthier and safer population. In this completely revised second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases (e.g., SARS and pandemic influenza) and bioterrorism (e.g., anthrax and smallpox) to chronic diseases caused by overweight and obesity. By analyzing transnational law, Gostin shows how public health law transcends national borders in areas ranging from infectious disease and tobacco to world trade and access to essential medicines.Public Health Lawcreates an intellectual framework for the modern field of public health and supports that framework with illustrations of the intellectual, scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin's essential study provides a blueprint for coming public and political debates about this vital and burgeoning field.

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

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