The New Public Health Law

Scott Burris, JD, is Professor of Law and Public Health at Temple University, where he directs the Center for Public Health Law Research. Micah L. Berman, JD, is Associate Professor in the College of Public Health and Moritz College of Law at The Ohio State University. He previously directed policy centers that worked with state and local health departments in New York, Vermont, and Ohio and served as a senior advisor to the FDA Center for Tobacco Products. Matthew Penn, JD, MLIS, is a public health attorney with over 20 years of experience in public health litigation, environmental health, and emergency preparedness. He is a former staff attorney for the South Carolina Supreme Court and South Carolina's Department of Health and Environmental Control. He is the Director of Public Health Law Program at the Centers for Disease Control and Prevention. Tara Ramanathan Holiday, JD, MPH, has worked in public health for 20 years, most recently as an attorney focused on improving the public health system. Her work has informed national strategy on public health infrastructure and data, healthcare quality, and global migration and quarantine. She is a senior advisor in the Centers for Disease Control and Prevention's Office of the Director.

Introduction

Section I: Foundations of Public Health Law and Ethics

1. Public Health and Law
2. The Public Health System
3. A Transdisciplinary Approach to Public Health Law
4. Ethics in Transdisciplinary Practice

Section II: Policy Development: Solving Problems with Law

5. Identifying Public Health Problems
6. Choosing a Legal Approach
7. Using Evidence and Knowledge Critically in Policy Development

Section III: The Power to Act: Legal Authority and Its Limitations

8. The Constitution, Federalism, and Federal Preemption
9. Federal Public Health Authority
10. State and Local Public Health Authority
11. Constitutional Limitations: Due Process of Law
12. Constitutional Limitations: Equal Protection of Law
13. Constitutional Limitations: The First and Second Amendments
14. Administrative Challenges

Section IV: From Policy Idea to Law on the Books: Advocacy and Legal Strategy

15. Strategic Considerations in Creating a Legal Proposal
16. How to Write a Law
17. Public Health Advocacy

Section V: Putting Law Into Practice: Enforcement and Implementation

18. Models of Regulation
19. Enforcement
20. Defending Lawsuits

Section VI: Diffusing Effective Legal Solutions: Policy Surveillance and Evaluation

21. Scientific Evaluation in Transdisciplinary Public Health Research and Practice

Afterword: Where Public Health Law Goes from Here

Index