Lindsay F. Wiley & Lawrence O. Gostin 
Public Health Law [EPUB ebook] 
Power, Duty, Restraint

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.

สารบัญ

List of Illustrations, Tables, and Boxes

Foreword

Thomas R. Frieden


Preface to the Third Edition

Acknowledgments


PART ONE. CONCEPTUAL FOUNDATION 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

เกี่ยวกับผู้แต่ง

Lawrence O. Gostin is University Professor, the Founding O’Neill Chair in Global Health Law, and Director of the O’Neill Institute for National and Global Health Law and the World Health Organization Collaborating Center on Public Health Law and Human Rights at Georgetown University, and Professor of Public Health at Johns Hopkins University Lindsay F. Wiley is Associate Professor at American University’s Washington College of Law. She serves on the Board of Directors of the American Society for Law, Medicine, and Ethics and on the National Conference of Lawyers and Scientists.Thomas R. Frieden is the Director of the U.S. Centers for Disease Control and Prevention and Acting Administrator of the Agency for Toxic Substances and Disease Registry.