Public Health Law: 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; and health justice as a framework for reducing health disparities and protecting the public's health.

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