Public Health Law : Power, Duty, Restraint.

Cover -- Contents -- List of Illustrations, Tables, and Boxes -- Foreword -- Preface to the Third Edition -- Acknowledgments -- PART ONE. CONCEPTUAL FOUNDATIONS OF PUBLIC HEALTH LAW -- 1. A Theory and Definition of Public Health Law -- Public Health Law: A Definition and Core Values -- Government Power and Duty: Health as a Salient Value -- The Power to Coerce and Limits on State Power -- The Population Perspective -- The Prevention Orientation -- The Social Justice Foundation -- Evolving Models of Public Health Problem Solving -- Law as a Tool for the Public's Health: Modes of Legal Intervention -- The Legitimate Scope of Public Health and the Law -- 2. Risk Regulation: A Systematic Evaluation -- General Justifications for Public Health Regulation -- Risk Assessment -- The Effectiveness of Regulation: The Means/Ends Test -- The Economic Costs of Public Health Regulation -- The Personal Burdens of Public Health Regulation: The Least Restrictive Alternative -- Fairness in Public Health: Just Distribution of Benefits and Burdens -- Transparency, Trust, and Legitimacy -- The Precautionary Principle: Acting under Conditions of Scientific Uncertainty -- PART TWO. LEGAL FOUNDATIONS OF PUBLIC HEALTH -- 3. Public Health Law in the Constitutional Design: Public Health Powers and Duties -- Constitutional Functions and Their Application to Public Health -- The Negative Constitution from a Public Health Perspective -- State and Local Power to Assure the Conditions for the Public's Health: Salus Populi Est Suprema Lex -- Federal Power to Safeguard the Public's Health -- Private Enforcement of Federal Law: Standing and Sovereign Immunity -- Structural Constraints and the Public's Health -- 4. Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms -- Public Health and the Bill of Rights.

Constitutional Limits on the Police Power in the Early Twentieth Century: Jacobson and Lochner -- Limits on Public Health Powers in the Modern Constitutional Era -- Public Health and Civil Liberties: Conflict and Complementarity -- 5. Public Health Governance: Democracy and Delegation -- Public Health Agencies and the Rise of the Administrative State -- Administrative Law: Powers and Limits of Executive Agencies -- Local Government Authority -- Local Administrative Rulemaking: The Interplay between Local Government Law and State Administrative Law -- Delegation, Democracy, Expertise, and Good Governance -- PART THREE. MODES OF LEGAL INTERVENTION -- 6. Direct Regulation for the Public's Health and Safety -- A Brief History of Public Health Regulation -- Approaches to Regulation -- Environmental Protection: A Case Study on the Spectrum of Regulatory Approaches -- Deregulation: Removing Legal Barriers to Effective Public Health Intervention -- Harm Reduction for Illicit Drug Users: A Case Study on Deregulation -- 7. Tort Law and the Public's Health: Indirect Regulation -- Major Theories of Tort Liability -- The Causation Element: Epidemiology in the Courtroom -- The Public Health Value of Tort Litigation -- The Tobacco Wars: A Case Study -- The Tort Reform Movement -- 8. Taxation, Spending, and the Social Safety Net: Hidden Effects on Public Health -- Taxation and Incentives -- The Power of Spending -- Taxation and Spending to Increase Access to Health Care -- Children's Dental Health: A Case Study -- PART FOUR. PUBLIC HEALTH LAW IN CONTEXT -- 9. Surveillance and Public Health Research: Privacy, Security, and Confidentiality of Personal Health Information -- Public Health Surveillance -- Public Health Research -- Privacy, Confidentiality, and Security: Defining Concepts -- Health Information Privacy: Ethical and Pragmatic Underpinnings.

Health Information Privacy: Legal Status -- Privacy and Confidentiality in Research -- Privacy and Health: Case Studies on HIV and Diabetes Surveillance -- Public Health in the Age of Big Data -- 10. Infectious Disease Prevention and Control -- Vaccination: Immunizing the Population against Disease -- Testing and Screening -- Antimicrobial Therapy -- Contact Tracing and Partner Notification -- Social-Ecological Prevention Strategies: Case Studies on HIV and Hospital-Acquired Infections -- 11. Public Health Emergency Preparedness: Terrorism, Pandemics, and Disasters -- The Federal-State Balance in Public Health Preparedness -- Emergency Declarations -- Evacuation and Emergency Sheltering: The Needs of Vulnerable Populations -- Development and Distribution of Medical Countermeasures -- Quarantine, Isolation, Controlled Movement, and Community Containment Strategies -- 12. Noncommunicable Disease Prevention: Promoting Healthier Lifestyles -- The Burden of Noncommunicable Disease -- Evolving Public Health Strategies and the Politics of Noncommunicable Disease Prevention -- The Information Environment -- The Marketplace -- The Built Environment -- The Social Environment -- 13. Injury and Violence Prevention from a Public Health Perspective: Promoting Safer Lifestyles -- Key Concepts in Injury Prevention -- Worker Safety -- Motor Vehicle and Consumer Product Safety -- Emerging Issues in Injury Prevention -- Preventing Firearm Injuries: A Case Study -- 14. Health Justice and the Future of Public Health Law -- Health Disparities -- Social Justice as a Core Value of Public Health Law -- Social Justice and Health Disparities in Three Recent Movements -- The Challenges: Public Health, Politics, and Money -- Legitimacy and Trust at Risk -- The Problem of Framing -- The Future of Public Health Law -- Notes -- About the Authors -- Index -- A -- B -- C -- D -- E.

F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z.

Lawrence O. Gostin's seminal Public Health Law is widely acclaimed as the definitive statement on public health law at the turn of the twenty-first century. In this bold third edition, Gostin is joined by Lindsay F. Wiley to analyze major health threats of our time such as chronic diseases, emerging infectious diseases, antimicrobial resistance, bioterrorism, natural disasters, opiod overdose, and gun violence. The authors draw on constitutional law, administrative law, local government law, and tort law to develop their conception of law as a tool for protecting the public's health.    The book creates an intellectual framework for modern public health law and supports that framework with illustrations of the scientific, political, and ethical issues involved. In proposing innovative solutions for the future of the public's health, Gostin and Wiley's essential study provides a blueprint for public and political debates to come. New issues covered in this edition: * Corporate personhood rights raised in response to regulations of tobacco, food and beverages, alcohol, firearms, prescription drugs, and marijuana. * Local government authority to protect the public's health. * Deregulation and harm reduction as modes of public health law intervention. * Taxation, spending, and alteration of the socioeconomic environment as modes of public health law intervention. * Access to health care as a strategy for protecting the public's health. * Taxation, spending, licensing, zoning, and shared-use strategies for chronic disease prevention. * The public health law perspective on violence and injury prevention. * Health justice as a framework for reducing health disparities and protecting the public's health.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.