Public Health Law in Practice

Jennifer L. Pomeranz, JD, MPH, is a professor in the School of Global Public Health at New York University. Her research focuses on legal opportunities and barriers to enacting public health policies at the federal, state, and local levels. Ms. Pomeranz is the author of dozens of journal articles and the book, Food Law for Public Health, published by Oxford University Press in 2016. Thomas Merrill, JD, is the former General Counsel to both the New York City Department of Health and Mental Hygiene and New York City Board of Health. He is an adjunct professor at the CUNY Graduate School of Public Health and Health Policy, where he teaches public health law. Kevin Schroth, JD, is an associate professor with the Center for Tobacco Studies and the School of Public Health at Rutgers University. He teaches public health law, and his research focuses on how tobacco regulatory science can improve tobacco control policy. Mr. Schroth previously served as an attorney with the New York City Health Department, directing tobacco control policy for the City. During this tenure, he played a principal role in drafting and passing more than a dozen tobacco control laws. Before concentrating on public health, he worked as a commercial litigator, and clerked for federal and state judges in New Jersey.

Preface


Section I - Government Authority and Limits on Authority

Chapter 1: United States Government Structure and Background for Public Health Law

Chapter 2: Authorities, Sources of Law
Case 2.1: Nat'l Fed'n of Indep. Bus. v. Sebelius
Case 2.2: National Federation of Independent Business v. Department of Labor
Case 2.3: Jacobson v. Massachusetts

Chapter 3: Constitutional Limitations on the Authority of Government to Protect Health
Case 3.1: Camara v. Municipal Court of San Francisco
Case 3.2: Los Angeles v. Patel
Case 3.3: Dobbs v. Jackson Women's Health Org

Chapter 4: The First Amendment
Case 4.1: Lorillard Tobacco Co. v. Reilly (speech only)
Case 4.2: National Institute of Family and Life Advocates v. Becerra
Case 4.3: Roman Catholic Diocese of Brooklyn v. Cuomo
Case 4.4: In re E.G.


Section II - Public Health Agencies and Their Responsibilities

Chapter 5: Health Departments
Case 5.1: Boreali v. Axelrod
Case 5.2: New York Statewide Coalition of Hispanic Chambers of Commerce, et alia, v. New York City Department of Health and Mental Hygiene

Chapter 6: Data Collection; Confidentiality
Case 6.1: Whalen v. Roe
Case 6.2: Miguel M. v. Barron

Chapter 7: Environmental Law
Case 7.1: Pelaez v Seide

Chapter 8: Infectious Disease: Disease Control
Case 8.1: Hickox v. Christie

Chapter 9: Public Processes


Section III - Topics in Public Health Law

Chapter 10 Tobacco
Case 10.1: Food and Drug Administration, et al., Petitioners, v. Brown & Williamson Tobacco Corporation, et al.
Case 10.2: Lorillard Tobacco Co. v. Reilly (preemption only)

Chapter 11: Cannabis
Case 11.1: Conant v. Walters

Chapter 12: Opioids
Case 12.1: United States v. Safehouse

Chapter 13: Alcohol

Chapter 14: Food and Nutrition
Case 14.1: Nakia Williams v. Gerber Products Company

Chapter 15: Firearms
Case 15.1: District of Columbia v. Heller
Case 15.2: New York State Rifle & Pistol Association Inc., et al, v. Bruen, Superintendent of New York State Police, et al.

Chapter 16: Sexual Health and the Law

Chapter 17: Public Health Policymaking