Public Health Law and Ethics

Contents

List of Illustrations
Foreword
Oxiris Barbot, MD
Preface to Fourth Edition
Acknowledgments

PART ONE. CONCEPTUAL FOUNDATIONS

1. Public Health Law and Ethics: A Theory and Definitions
I. Public Health Law and Ethics: Definitions and Core Values
II. The Role of Law in Public Health Problem-Solving
III. The Legitimate Scope of Public Health Law
2. Risk Regulation: Science, Values, and Ethics
I. General Justifications for Coercive Public Health Regulation
II. Risk Assessment as a Foundation for Public Health Decisions
III. Systemic Evaluation of Risk Regulation

PART TWO. LEGAL FOUNDATIONS OF PUBLIC HEALTH

3. Individual Rights and Public Health
I. Individual Rights as Limits and Duties
II. Historical Approaches to Balancing Individual Rights against Public Health: Jacobson
and Lochner
III. Limits on Public Health Powers in the Modern Constitutional Era
IV. The Court's Originalist Turn: Implications for Public Health
4. Public Health Powers and Structural Limits
I. The Public Health Powers of Federal, State, and Local Governments
II. Separation of Powers among the Branches of Government
III. Private Enforcement of Federal Law against State and Local Governments: Standing and
Sovereign Immunity
IV. Public Health Governance in a Divided Nation
5. Administrative Agencies and Local Governments
I. Public Health Agencies and the Rise of the Administrative State
II. Administrative Law: The Powers and Limits of Executive Agencies
III. Local Government Authority
IV. Delegation, Democracy, Expertise, and Good Governance

PART THREE. MODES OF INTERVENTION

6. Direct Regulation and Deregulation for the Public's Health and Safety
I. A Brief History of Public Health Regulation
II. Approaches to Regulation
III. Deregulation: Removing Legal Barriers to Effective Public Health Intervention
7. Tort Liability as Indirect Regulation
I. Major Theories of Tort Liability
II. The Causation Element: Epidemiology in the Courtroom
III. The Public Health Value of Tort Litigation
IV. The Tobacco Wars: A Case Study
V. The Tort Reform Movement
8. Taxation, Spending, and the Social Safety Net
I. Taxation and Incentives
II. The Power of Spending
III. Taxation and Spending to Promote Access to Health Care
IV. Case Study: Children's Dental Health

PART FOUR. PUBLIC HEALTH LAW AND ETHICS IN CONTEXT

9. Screening, Surveillance, and Public Health Research
I. Public Health Screening
II. Public Health Surveillance
III. Public Health Research
IV. Privacy, Confidentiality, and Data Security
V. Privacy and Public Health
10. Infectious Disease Prevention and Control
I. Vaccination to Protect the Population from Disease
II. Antimicrobial Therapy to Treat Individuals and Prevent Onward Transmission
III. Nonpharmacuetical Interventions and Social-Ecological Strategies
11. Public Health Emergencies
I. The Historical Impact of Public Health Emergencies
II. Structural Constraints in Emergency Management
III. Managing Disruption and Displacement
IV. Development, Distribution, and Acceptance of Medical Countermeasures
V. Nonpharmaceutical Interventions and Community Mitigation
VI. Facing Future Emergencies as a Deeply Divided Nation
12. Non-Communicable Disease Prevention and Management
I. Evolving Public Health Strategies
II. The Information Environment and the First Amendment
III. The Marketplace: Product and Retailer Regulation
IV. The Built Environment
V. The Social Environment
13. Injury Prevention
I. Key Concepts in Injury Prevention
II. Worker Safety
III. Motor Vehicle and Consumer Product Injuries
IV. Current Issues in Injury Prevention
V. Firearm Injuries and the Second Amendment
14. Health Justice
I. Challenges: Politics, Money, Power, and Trust
II. Social Justice Movements and Public Health
III. The Future of Public Health Law and Ethics