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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 | |
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| Conventions Used in This Book | |
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| Abbreviations | |
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| Introduction: Mapping the Issues | |
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| Foundations of Public Health Law and Ethics | |
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| The Public's Health | |
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| SOURCES: Ali H. Mokdad et al., Actual Causes of Death in the United States, 2 / XX • Geoffrey Rose, Sick Individuals and Sick Populations / XX • Dan Beauchamp, Community: The Neglected Tradition of Public Health / XX • Norman Daniels, Bruce Kennedy, and Ichiro Kawachi, Justice Is Good for Our Health / XX • Lawrence O. Gostin and Madison Powers, What Does Social Justice Require for the Public's Health? Public Health Ethics and Policy Imperatives / XX • Lawrence O. Gostin, Jo Ivey Boufford, and Rose Marie Martinez, The Future of the Public's Health: Vision, Values, and Strategies / XX | |
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| Public Health Ethics | |
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| SOURCES: The National Commission for the Protection of Human Subjects of Biomedical and Behavior Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research / XX • Ronald Bayer and Amy L. Fairchild, The Genesis of Public Health Ethics / XX • James F. Childress et al., Public Health Ethics: Mapping the Terrain / XX • Daniel Callahan and Bruce Jennings, Ethics and Public Health: Forging a Strong Relationship / XX • Supreme Court of Vermont, Benning v. State / XX • Marian Moser Jones and Ronald Bayer, Paternalism and Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health / XX • Stephen Breyer, Breaking the Vicious Circle: Toward Effective Risk Regulation / XX • Richard Wilson and E.{ths}A.{ths}C. Crouch, Risk Assessment and Comparisons: An Introduction / XX | |
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| The Law and the Public's Health | |
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| Public Health Duties and Powers | |
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| SOURCES: Supreme Court of the United States, DeShaney v. Winnebago County Department of Social Services / XX • Supreme Court of the United States, Castle Rock v. Gonzales / XX • William J. Novak, Governance, Police, and American Liberal Mythology / XX • Supreme Court of the United States, South Dakota v. Dole / XX • Supreme Court of the United States, United States v. Lopez / XX • Supreme Court of the United States, Gonzales v. Raich / XX • Supreme Court of the United States, New York v. United States / XX | |
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| Public Health and the Protection of Individual Rights | |
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| SOURCES: Supreme Court of the United States, Jacobson v. Massachusetts / XX • Circuit Court, Northern District of California, Jew Ho v. Williamson / XX • Supreme Court of the United States, City of Cleburne v. Cleburne Living Center / XX • Bureau of National Affairs, Second Amendment Shields Individual Rights, Is Violated by D.C.'s Prohibition of Handguns / XX • Supreme Court of Appeals of West Virginia, Greene v. Edwards / XX | |
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| Public Health Governance: Direct Regulation for the Public's Health and Safety | |
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| SOURCES: Supreme Court of the United States, Gonzales v. Oregon / XX • Supreme Court of the United States, Food and Drug Administration v. Brown & Williamson Tobacco Corp. / XX • New York Court of Appeals, Boreali v. Axelrod / XX • Supreme Court of the United States, Massachusetts v. EPA / XX • Lawrence O. Gostin, The Deregulatory State / XX | |
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| Tort Law and the Public's Health: Indirect Regulation | |
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| SOURCES: Stephen P. Teret, Litigating for the Public Health / XX • Wendy E. Parmet and Richard A. Daynard, The New Public Health Litigation / XX • Tom Christoffel and Stephen P. Teret, Epidemiology and the Law: Courts and Confidence Intervals / XX • Supreme Court of the United States, Daubert v. Merrell Dow Pharmaceuticals, Inc. / XX • Peter W. Huber, Galileo's Revenge: Junk Science in the Courtroom / XX • Jon S. Vernick, Lainie Rutkow, and Stephen P. Teret, Public Health Benefits of Recent Litigation against the Tobacco Industry / XX • Court of Appeals for the Second Circuit, Pelman v. McDonald's Corp. / XX • Lawrence O. Gostin, The Deregulatory Effects of Preempting Tort Litigation / XX | |
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| Global Health Law: Health in a Global Community | |
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| SOURCES: Lawrence O. Gostin, Why Rich Countries Should Care about the World's Least Healthy People / XX • Laurie Garrett, The Challenge of Global Health / XX • David P. Fidler and Lawrence O. Gostin, The New International Health Regulations: An Historic Development for International Law and Public Health / XX •Allyn L. Taylor and Douglas W. Bettcher, WHO Framework Convention on Tobacco Control: A Global "Good" for Public Health / XX • Jonathan M. Mann et al., Health and Human Rights / XX • United Nations Committee on Economic, Social, and Cultural Rights, The Right to the Highest Attainable Standard of Health / XX • M. Gregg Bloche and Elizabeth R. Jungman, Health Policy and the WTO / XX • Lawrence O. Gostin, Meeting the Survival Needs of the World's Least Healthy People: A Proposed Model for Global Health Governance / XX | |
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| Public Health and Civil Liberties in Conflict | |
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| Surveillance and Public Health Research: Privacy and the "Right to Know" | |
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| SOURCES: Ronald Bayer and Amy L. Fairchild, Public Health: Surveillance and Privacy / XX •Amy L. Fairchild, Ronald Bayer, and James Colgrove, Panoptic Visions and Stubborn Realities in a New Era of Privacy / XX • Sandra Roush et al., Mandatory Reporting of Diseases and Conditions by Health Care Providers and Laboratories / XX • Ronald Bayer and Kathleen E. Toomey, HIV Prevention and the Two Faces of Partner Notification / XX • James G. Hodge Jr., An Enhanced Approach to Distinguishing Public Health Practice from Human Subjects Research / XX • David R. Buchanan and Franklin G. Miller, Justice and Fairness in the Kennedy Krieger Institute Lead Paint Study: The Ethics of Public Health Research on Less Expensive, Less Effective Interventions / XX • Supreme Court of the United States, Whalen v. Roe / XX • Centers for Disease Control and Prevention and Department of Health and Human Services, HIPAA Privacy Rule and Public Health: Guidance from CDC and the U.S. Department for Health and Human Services / XX • Lawrence O. Gostin, James G. Hodge Jr., and Ronald O. Valdiserri, Informational Privacy and the Public's Health: The Model State Public Health Privacy Act / XX | |
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| Health, Communication, and Behavior | |
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| SOURCES: Sonya Grier and Carol A. Bryant, Social Marketing in Public Health / XX • Ruth R. Faden, Ethical Issues in Government-Sponsored Public Health Campaigns / XX • Supreme Court of the United States, 44 Liquormart, Inc. v. Rhode Island / XX • Supreme Court of the United States, Lorillard Tobacco Co. v. Reilly / XX • Court of Appeals for the Second Circuit, International Dairy Foods Association v. Amestoy / XX • United States District Court for the Southern District of New York, New York State Restaurant Association v. New York City Board of Health / XX | |
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| Medical Countermeasures for Epidemic Disease: Bodily Integrity | |
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| SOURCES: Garrett Hardin, The Tragedy of the Commons / XX • Supreme Court of the United States, Zucht v. King / XX • Supreme Court of Mississippi, Brown v. Stone / XX • United States District Court for the Eastern District of Arkansas, Boone v. Boozman / XX • James Colgrove, Expansion and Backlash: Vaccination at the Turn of the Twenty-first Century / XX • Ruth R. Faden, Nancy Kass, and Madison Powers, Warrants for Screening Programs: Public Health, Legal and Ethical Frameworks / XX • Supreme Court of the United States, Ferguson v. City of Charleston / XX • Ronald Bayer and David Wilkinson, Directly Observed Therapy for Tuberculosis: History of an Idea / XX • Supreme Court of Wisconsin, In re Washington / XX • James Hodge et al., Expedited Partner Therapy for Sexually Transmitted Diseases: Assessing the Legal Environment / XX | |
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| Public Health Strategies for Epidemic Disease: Association, Travel, and Liberty | |
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| SOURCES: J.{ths}M. Eager, The Early History of Quarantine: Origin of Sanitary Measures Directed against Yellow Fever / XX • Supreme Court of South Carolina, Kirk v. Wyman / XX • Supreme Court of Ohio, Ex parte Company / XX • Supreme Court, Queens County, City of New York v. Antoinette R. / XX • Lawrence O. Gostin, Ronald Bayer, and Amy L. Fairchild, Ethical and Legal Challenges Posed by Severe Acute Respiratory Syndrome: Implications for the Control of Severe Infectious Disease Threats / XX • Howard Markel, Lawrence O. Gostin, and David P. Fidler, Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, and a Global Crisis / XX • Ezekiel J. Emanuel and Alan Wertheimer, Who Should Get Influenza Vaccine When Not All Can? / XX • Lawrence O. Gostin, Public Health Law in an Age of Terrorism: Rethinking Individual Rights and Common Goods / XX • George J. Annas, Bioterrorism, Public Health, and Human Rights / XX | |
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| Economic Liberty and the Pursuit of Public Health | |
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| SOURCES: Supreme Court of the United States, Dent v. West Virginia / XX • Supreme Court of the United States, Camara v. Municipal Court of the City and County of San Francisco / XX • United States District Court for the Southern District of New York, Players, Inc. v. City of New York / XX • Supreme Court of New York, New York v. New St. Mark's Baths / XX • Supreme Court of the United States, Lochner v. New York / XX • Supreme Court of the United States, Lucas v. South Carolina Coastal Council / XX • Supreme Court of the United States, Kelo v. City of New London / XX | |
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| The Future of the Public's Health | |
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| Concluding Reflections on the Field: Case Studies on Biosecurity, Genomics, and Obesity | |
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| SOURCES: Donald A. Henderson, The Looming Threat of Bioterrorism / XX • David L. Heymann, The Evolving Infectious Disease Threat: Implications for National and Global Security / XX • Halla Thorsteinsd�ttir et al., Genomics--A Global Public Good? / XX • Wendy C. Perdue, Obesity, Poverty, and the Built Environment: Challenges and Opportunity / XX | |
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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 | |