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Public Health Law in a Nutshell, 2nd Edition (2016) provides a fascinating, informative, and concise assessment of the critical role of law in American society to protect the community's health. Updated to reflect modern developments through 2015 in this ever-developing field, the Nutshell's 10 chapters lay out definitive legal issues underlying core public health powers to prevent and control communicable and chronic conditions like influenza, obesity, cancer, and heart disease. The text also explores legal routes to address sources of other public health threats, including tobacco and alcohol use, guns, vehicles, and defective products. Additional chapters focused on information surveillance, commercial speech regulation, the built environment, and emergency preparedness provide concise clear assessments of difficult law and policy trade-offs. Understanding the field of public health law encompasses its constitutional sources and limits as well as historic and modern attempts to regulate in the interests of the community's health and safety. This Nutshell specifically explains and addresses these issues while also providing a modern framework supporting the role of law in this pivotal area of society. It is a "must read" for any legal or public health practitioner in the field, law- and policy-makers working to protect the public's health, as well as students in schools of law, public health, or medicine assessing these issues in prior or current coursework.
Public Health Law, first published in 2000, has been widely acclaimed as the definitive statement on public health law at the start of the twenty-first century. Lawrence O. Gostin's definition was based on the notion that government bears a responsibility for advancing the health and well-being of the general population, and the book developed a rich understanding of the government's powers and duties while showing law to be an effective tool in the realization of a healthier and safer population. In this second edition, Gostin analyzes the major health threats of our times, from emerging infectious diseases and bioterrorism to chronic diseases caused by obesity.
The first comprehensive treatment of public health law by the nation's leading expert in the field. In his research and teaching, Gostin has defined the field of public health law; this book represents the culmination of his research and thinking on the subject.
Continually changing health threats, technologies, science, and demographics require that public health professionals have an understanding of law sufficient to address complex new public health challenges as they come into being. Law in Public Health Practice, Second Edition provides a thorough review of the legal basis and authorities for the core elements of public health practice and solid discussions of existing and emerging high-priority areas where law and public health intersect.As in the previous edition, each chapter is authored jointly by experts in law and public health. This new edition features three completely new chapters, with several others thoroughly revised and updated. New chapters address such topics as the structure of law in US public health systems and practice, the role of the judiciary in public health, and law in chronic disease prevention and control. The chapter on public health emergencies has also been fully revised to take into account both the SARS epidemic of 2003 and the events of the Fall of 2001. The chapter now discusses topics such as the legal basis for declaring emergencies, the legal structure of mutual aid agreements, and the role of the military in emergencies. Other fully revised chapters include those on genomics, injury prevention, identifiable health information, and ethics in the practice of public health.The book begins with a section on the legal basis for public health practice, including foundations and structure of the law, discussions of the judiciary, ethics and practice of public health, and criminal law and international considerations. The second section focuses on core public health applications and the law, and includes chapters on legal counsel for public health practitioners, legal authorities for interventions in public health emergencies, and considerations for special populations. The third section discusses the law in controlling and preventing diseases, injuries, and disabilities. This section includes chapters on genomics, vaccinations, foodborne illness, STDs, reproductive health, chronic disease control, tobacco use, and occupational and environmental health.All chapters take a practical approach and are written in an accessible, user-friendly fashion. This is an excellent resource for a wide readership of public health practitioners, lawyers, and healthcare providers, as well as for educators and students of law and public health.
“This book is very well researched, organized, documented, and referenced. The case studies are relevant to specific public health issues related to race, gender, equity, sexual orientation, poverty, homelessness, drug addiction, and chronic diseases facing U.S. populations in the 21st century. The book offers background information for professionals to try to analyze the root causes and develop public health measures to ameliorate these problems." ---Doody's Review Service, 4 stars Public Health Law: Concepts and Case Studies is a practical textbook for students of public health and health policy with comprehensive coverage of core concepts in law across public health sectors. The text builds upon the understanding that law is a significant determinant of health while highlighting essential knowledge of legal issues and laws affecting public health outcomes. Chapters address major topics in United States public health law and take a competency-based approach influenced by models developed by the CDC’s Public Health Law Program. The book describes the most important and relevant considerations of the law through case studies and real-world examples that students and practitioners of public health need as a baseline in order to mitigate health inequities and public health threats. Written with a basis in health equity, chapters also include call-out boxes to appropriate health equity related principles and theories. The book’s three parts explore law as a foundation for public health practice, law in everyday practice, and law as a transdisciplinary public health tool. It addresses key legal concepts such as the sources of authority in the United States legal system, constitutional foundations, limitations of authority, regulation, and litigation as they relate to public health. The most prevalent public health law topics and national public health strategies are covered in clear prose and offer guidance on the law and legal issues related to immunization, infectious disease control, chronic disease prevention and management, unintentional and intentional injury prevention, emergency law, global public health, environmental law, LGBT populations and the law, women’s reproductive health topics and more. Hypothetical case studies throughout illustrate how law impacts public health practice across a variety of settings and populations. Content on the transdisciplinary nature of public health practice spans topics such as law as a social determinant of health, the Health in All Policies initiative, legal epidemiology, law and ethics, and the scope of public health decision-making. Insightful and practical in its approach, Public Health Law: Concepts and Case Studies provides students and public health practitioners alike with knowledge and tools for utilizing the law to advance public health goals in the communities they serve. Key Features: Includes practical, real-world case studies illustrating the intersection of law and public health in many different contexts Highlights health equity and social justice issues relevant to chapter topics Explains legal frameworks and challenging legal concepts in easy to read prose Highlights relevant legal issues and considerations during the COVID-19 pandemic Includes access to the fully downloadable eBook as well as instructor ancillary materials such as Instructor’s Manual, PowerPoints, and Test Bank
Now revised and expanded to cover today’s most pressing health threats, Public Health Law and Ethics probes the legal and ethical issues at the heart of public health through an incisive selection of government reports, scholarly articles, and relevant court cases. Companion to the internationally acclaimed text Public Health Law: Power, Duty, Restraint, this reader can also be used as a stand-alone resource for students, practitioners, scholars,and teachers. It encompasses global issues that have changed the shape of public health in recent years including anthrax, SARS, pandemic flu, biosecurity, emergency preparedness, and the transition from infectious to chronic diseases caused by lifestyle changes in eating and physical activity. In addition to covering these new arenas, it includes discussion of classic legal and ethical tensions inherent to public health practice, such as how best to balance the police power of the state with individual autonomy.
Public Health Law Research: Theory and Methods definitively explores the mechanisms, theories and models central to public health law research – a growing field dedicated to measuring and studying law as a central means for advancing public health. Editors Alexander C. Wagenaar and Scott Burris outline integrated theory drawn from numerous disciplines in the social and behavioral sciences; specific mechanisms of legal effect and guidelines for collecting and coding empirical datasets of statutory and case law; optimal research designs for randomized trials and natural experiments for public health law evaluation; and methods for qualitative and cost-benefit studies of law.. They also discuss the challenge of effectively translating the results of scientific evaluations into public health laws and highlight the impact of this growing field. “How exactly the law can best be used as a tool for protecting and enhancing the public’s health has long been the subject of solely opinion and anecdote. Enter Public Health Law Research, a discipline designed to bring the bright light of science to the relationships between law and health. This book is a giant step forward in illuminating that subject.” -- Stephen Teret, JD, MPH, Professor, Director, Center for Law and the Public's Health, Johns Hopkins Bloomberg School of Public Health “Wagenaar and Burris bring a dose of much needed rigor to the empirical study of which public health law interventions really matter, and which don’t.” -- Bernard S. Black, JD, Chabraja Professor, Northwestern University Law School and Kellogg School of Management Companion Web site: www.josseybass.com/go/wagenaar
The second edition of Public Health Law offers an up-to-date compendium of cases, materials and notes illustrating the field's expanded scope and importance today. All-new materials include: Theories of risk perception Federal regulation of public health Chronic disease prevention Global health programs Chapters 1 and 2 survey the public health field and ways to identify health and safety risks. Chapters 3 and 4 examine relevant constitutional issues. The remaining chapters focus on specific health risks and can be taught as problem-based case studies to allow students to evaluate different solutions, as in the real world.
Provides students of public health with a firm foundation of the basics of American health policy and law. Given the prominent role played by policy and law in the health of all Americans, the aim of this book is to help readers understand the broad context of health policy and law, the essential policy and legal issues impacting and flowing out of the health care and public health systems, and the way health policies and laws are formulated. Think of this textbook as an extended manual introductory, concise, and straightforward to the seminal issues in U.S. health policy and law, and thus as a jumping off point for discussion, reflection, research, and analysis.
This pioneering book offers the most comprehensive and teachable compilation of materials on public health law now available. The updated 2nd edition provides significant new materials on the unprecedented challenges for courts and government policymakers presented by the COVID-19 pandemic. Its unique perspective highlights the evolving legal, political and social responses to the current infectious disease outbreak--in the context of earlier court cases and policies dating back to cholera in the 1900s through SARS and Ebola in this century. The 2nd edition also features the emergence of health equity as a key public health perspective, as increasingly detailed data document the differential impact of upstream social and environmental determinants on the health of the public and on the health of particular populations. Other updates focus on "system-approaches" to complex health problems, such as opioid misuse and obesity, that require data, engagement and coordination across numerous government entities. One of the challenges of teaching public health law is that it touches many other government sectors and bodies of law. This book solves that problem by organizing and integrating the material to address (1) cross-cutting themes in public health policy, such as government authority and justification to restrict individual liberties or use emergency powers and (2) the primary policy tools used by public health policymakers and practitioners, from behavioral interventions such as immunization and quarantine to environmental regulations. The book aims to explore topics from different points of view, weaving together public health sciences, ethics, law, and public policy. In perhaps their most exciting innovation, Bonnie, Bernheim and Matthews have constructed an intriguing and diverse menu of teachable units focused on specific policy problems or case studies in public health action. The book weaves together pertinent medical information and public health statistics, court decisions and other legal materials, and ethics commentaries. It uses both judicial opinions and concrete problems in public health policy and practice as the main vehicles for classroom discussion. Examples include leading a community response to COVID-19 that addresses health disparities, differential social and economic need, vaccine allocation and resistance; and preparing public health testimony for a state legislature on immunization requirements or exemptions. Other case studies include substandard housing as a determinant of health, and the upstream effects of climate change on the health of children. Students are also exposed to a variety of cross-cutting regulatory frameworks, including product safety, environmental protection, and data privacy. This book is richly interdisciplinary. Although designed for students of law, the book can easily be adapted to courses designed for students in public health, public policy and interprofessional settings examining the role of law and public policy in advancing population health and health equity.