Public Health Law

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.

List of Illustrations List of Tables List of Boxes Foreword by Daniel M. Fox, Samuel L. Milbank, and Carmen Hooker Odom Preface to the Second 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 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 2. Public Health Regulation: A Systematic Evaluation General Justifications for Public Health Regulation Step 1: Is the Risk Significant? Risk Assessments Step 2: Is the Regulation Effective? The "Means/Ends" Test Step 3: Is the Regulation Cost-Effective? Step 4: Is the Regulation the Least Restrictive Alternative? Personal Burdens Step 5: 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 PART TWO: Law and the Public's 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: 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 4. 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 5. 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 6. 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 7. 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 PART THREE: Public Health and Civil Liberties in Conflict 8. 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 9. 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 10. 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 11. 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 12. 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 PART FOUR: The Future of the Public's Health 13. 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