Public health law : power, duty, restraint / Lawrence O. Gostin, and Lindsay F. Wiley.
2016
KF3775 .G67 2016 (Map It)
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Details
Title
Public health law : power, duty, restraint / Lawrence O. Gostin, and Lindsay F. Wiley.
Published
Oakland, California : University of California Press, [2016]
Copyright
©2016
Call Number
KF3775 .G67 2016
Edition
Third edition.
ISBN
9780520282650 (pbk. ; alk. paper)
0520282655 (pbk. ; alk. paper)
9780520958586 (electronic)
0520958586
0520282655 (pbk. ; alk. paper)
9780520958586 (electronic)
0520958586
Description
xxviii, 734 pages : illustrations ; 23 cm
System Control No.
(OCoLC)910309614
Summary
"In this bold new edition, Gostin is joined by coauthor Lindsay F. Wiley to analyze the crucial role of law in addressing today's major health threats, including emerging infectious diseases, bioterrorism, natural disasters, car fatalities, gun violence, opioid overdoses, and chronic diseases caused by tobacco use, poor diet, and physical inactivity. The book creates an intellectual framework for the modern field of 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 coming public and political debates in this dynamic field. 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"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 551-717) and index.
Record Appears in
Gift
Purchased from the income of the Silver Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Silver Fund
Table of Contents
List of Illustrations, Tables, and Boxes
xi
Foreword / Thomas R. Frieden
xvii
Preface to the Third Edition
xix
Acknowledgments
xxvii
pt. ONE
CONCEPTUAL FOUNDATIONS OF PUBLIC HEALTH LAW
1
1.
Theory and Definition of Public Health Law
3
Public Health Law: A Definition and Core Values
4
Government Power and Duty: Health as a Salient Value
4
Power to Coerce and Limits on State Power
9
Population Perspective
12
Prevention Orientation
13
Social Justice Foundation
18
Evolving Models of Public Health Problem Solving
20
Law as a Tool for the Public's Health: Modes of Legal Intervention
27
Legitimate Scope of Public Health and the Law
33
2.
Risk Regulation: A Systematic Evaluation
39
General Justifications for Public Health Regulation
40
Risk Assessment
50
Effectiveness of Regulation: The Means/Ends Test
60
Economic Costs of Public Health Regulation
61
Personal Burdens of Public Health Regulation: The Least Restrictive Alternative
64
Fairness in Public Health: Just Distribution of Benefits and Burdens
64
Transparency, Trust, and Legitimacy
65
Precautionary Principle: Acting under Conditions of Scientific Uncertainty
68
pt. TWO
LEGAL FOUNDATIONS OF PUBLIC HEALTH
71
3.
Public Health Law in the Constitutional Design: Public Health Powers and Duties
73
Constitutional Functions and Their Application to Public Health
74
Negative Constitution from a Public Health Perspective
83
State and Local Power to Assure the Conditions for the Public's Health: Salus Populi Est Suprema Lex
87
Federal Power to Safeguard the Public's Health
93
Private Enforcement of Federal Law: Standing and Sovereign Immunity
106
Structural Constraints and the Public's Health
110
4.
Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms
115
Public Health and the Bill of Rights
116
Constitutional Limits on the Police Power in the Early Twentieth Century: Jacobson and Lochner
120
Limits on Public Health Powers in the Modern Constitutional Era
131
Public Health and Civil Liberties: Conflict and Complementarity
151
5.
Public Health Governance: Democracy and Delegation
153
Public Health Agencies and the Rise of the Administrative State
154
Administrative Law: Powers and Limits of Executive Agencies
168
Local Government Authority
177
Local Administrative Rulemaking: The Interplay between Local Government Law and State Administrative Law
184
Delegation, Democracy, Expertise, and Good Governance
185
pt. THREE
MODES OF LEGAL INTERVENTION
191
6.
Direct Regulation for the Public's Health and Safety
193
Brief History of Public Health Regulation
194
Approaches to Regulation
199
Environmental Protection: A Case Study on the Spectrum of Regulatory Approaches
216
Deregulation: Removing Legal Barriers to Effective Public Health Intervention
219
Harm Reduction for Illicit Drug Users: A Case Study on Deregulation
221
7.
Tort Law and the Public's Health: Indirect Regulation
227
Major Theories of Tort Liability
229
Causation Element: Epidemiology in the Courtroom
246
Public Health Value of Tort Litigation
252
Tobacco Wars: A Case Study
255
Tort Reform Movement
264
8.
Taxation, Spending, and the Social Safety Net: Hidden Effects on Public Health
271
Taxation and Incentives
273
Power of Spending
279
Taxation and Spending to Increase Access to Health Care
287
Children's Dental Health: A Case Study
297
pt. FOUR
PUBLIC HEALTH LAW IN CONTEXT
303
9.
Surveillance and Public Health Research: Privacy, Security, and Confidentiality of Personal Health Information
305
Public Health Surveillance
307
Public Health Research
314
Privacy, Confidentiality, and Security: Defining Concepts
316
Health Information Privacy: Ethical and Pragmatic Underpinnings
317
Health Information Privacy: Legal Status
320
Privacy and Confidentiality in Research
330
Privacy and Health: Case Studies on HIV and Diabetes Surveillance
335
Public Health in the Age of Big Data
339
10.
Infectious Disease Prevention and Control
345
Vaccination: Immunizing the Population against Disease
348
Testing and Screening
365
Antimicrobial Therapy
372
Contact Tracing and Partner Notification
379
Social-Ecological Prevention Strategies: Case Studies on HIV and Hospital-Acquired Infections
381
11.
Public Health Emergency Preparedness: Terrorism, Pandemics, and Disasters
391
Federal-State Balance in Public Health Preparedness
392
Emergency Declarations
396
Evacuation and Emergency Sheltering: The Needs of Vulnerable Populations
400
Development and Distribution of Medical Countermeasures
404
Quarantine, Isolation, Controlled Movement, and Community Containment Strategies
416
12.
Noncommunicable Disease Prevention: Promoting Healthier Lifestyles
435
Burden of Noncommunicable Disease
437
Evolving Public Health Strategies and the Politics of Noncommunicable Disease Prevention
439
Information Environment
445
Marketplace
460
Built Environment
467
Social Environment
470
13.
Injury and Violence Prevention from a Public Health Perspective: Promoting Safer Lifestyles
479
Key Concepts in Injury Prevention
481
Worker Safety
491
Motor Vehicle and Consumer Product Safety
498
Emerging Issues in Injury Prevention
506
Preventing Firearm Injuries: A Case Study
514
14.
Health Justice and the Future of Public Health Law
531
Health Disparities
532
Social Justice as a Core Value of Public Health Law
534
Social Justice and Health Disparities in Three Recent Movements
536
Challenges: Public Health, Politics, and Money
540
Legitimacy and Trust at Risk
542
Problem of Framing
545
Future of Public Health Law
548
Notes
551
About the Authors
719
Index
721