Public Health Law and Ethics: A Reader / Edition 1

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Overview

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.

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Product Details

Meet the Author

Lawrence O. Gostin is Associate Dean and the Linda D. and Timothy J. O'Neill Professor of Global Health Law at the Georgetown University Law Center, where he directs the O'Neill
Institute for National and Global Health Law. Gostin is also Professor of Public Health at the Johns Hopkins University and Director of the Center for Law and the Public's Health and is Visiting Professor of Public Health and Research Fellow at Oxford University.

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Table of Contents

List of Illustrations

List of Tables

List of Boxes

Foreword Samuel L. Milbank Milbank, Samuel L.

Preface

Conventions Used in This Book

Abbreviations

Introduction: Mapping the Issues 1

PART ONE Foundations of Public Health Law and Ethics

1 The Public's Health 23

Sources: Actual Causes of Death in the United States, 2000 Ali H. Mokdad Mokdad, Ali H. 24

Sick Individuals and Sick Populations Geoffrey Rose Rose, Geoffrey 29

Community: The Neglected Tradition of Public Health Dan Beauchamp Beauchamp, Dan 35

Justice is Good for Our Health Ichiro Kawachi Kawachi, Ichiro 41

What Does Social Justice Require for the Public's Health? Public Health Ethics and Policy Imperatives Madison Powers Powers, Madison 46

The Future of the Public's Health: Vision, Values, and Strategies Rose Marie Martinez Martinez, Rose Marie 50

2 Public Health Ethics 59

Sources: The National Commission for the Protection of Human Subjects of Biomedical and Behavior Research, The Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research 61

The Genesis of Public Health Ethics Amy L. Fairchild Fairchild, Amy L. 65

Public Health Ethics: Mapping the Terrain James F. Childress Childress, James F. 70

Ethics and Public Health: Forging a Strong Relationship Bruce Jennings Jennings, Bruce 75

Supreme Court of Vermont, Bennings v. State 80

Paternalism and Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health Ronald Bayer Bayer, Ronald 82

Breaking the Vicious Circle: Toward Effective Risk Regulation Stephen Breyer Breyer, Stephen 86

Risk Assessment and Comparisons: An Introduction E. A. C. Crouch Crouch, E. A. C. 91

PART TWO The Law and the Public's Health

3 Public Health Duties and Powers 99

Sources: Supreme Court of the United States, DeShaney v. Winnebago County Department of Social Services 107

Supreme Court of the United States, Castle Rock v. Gonzales 110

Governance, Police, and American Liberal Mythology William J. Novak Novak, William J. 114

Supreme Court of the United States, South Dakota v. Dole 119

Supreme Court of the United States, United States v. Lopez 121

Supreme Court of the United States, Gonzales v. Raich 124

Supreme Court of the United States, New York v. United States 129

4 Public Health and the Protection of Individual Rights 135

Sources: Supreme Court of the United States, Jacobson v. Massachusetts 140

Circuit Court, Northern District of California, Jew Ho v. Williamson 148

Supreme Court of the United States, City of Cleburne v. Cleburne Living Center 151

Bureau of National Affairs, Inc., Second Amendment Shields Individual Rights, Is Violated by D. C's Prohibition of Handguns 158

Supreme Court of Appeals of West Virginia, Greene v. Edwards 162

5 Public Health Governance: Direct Regulation for the Public's Health and Safety 167

Sources: Supreme Court of the United States, Gonzales v. Oregon 171

Supreme Court of the United States, Food and Drug Administration v. Brown & Williamson Tobacco Corp 172

New York Court of Appeals, Boreali v. Axelrod 178

Supreme Court of the United States, Massachusetts v. EPA 182

The Deregulatory State Lawrence O. Gostin Gostin, Lawrence O. 189

6 Tort Law and the Public's Health: Indirect Regulation 195

Sources: Litigating for the Public Health Stephen P. Teret Teret, Stephen P. 198

The New Public Health Litigation Richard A. Daynard Daynard, Richard A. 199

Epidemiology and the Law: Courts and Confidence Intervals Stephen P. Teret Teret, Stephen P. 204

Supreme Court of the United States, Daubert v. Merrell Dow Pharmceuticals, Inc 208

Galileo's Revenge: Junk Science in the Courtroom Peter W. Huber Huber, Peter W. 213

Public Health Benefits of Recent Litigation against the Tobacco Industry Stephen P. Teret Teret, Stephen P. 215

Court of Appeals for the Second Circuit, Pelman v. McDonald's Corp 222

The Deregulatory Effects of Preempting Tort Litigation Lawrence O. Gostin Gostin, Lawrence O. 225

7 Global Health Law: Health in a Global Community 233

Sources: Why Rich Countries Should Care about the World's Least Healthy People Lawrence O. Gostin Gostin, Lawrence O. 237

The Challenge of Global Health Laurie Garrett Garrett, Laurie 241

The New International Health Regulations: An Historic Development for International Health Regulations: An Historic Development for Intenational Law and Public Health Lawrence O. Gostin Gostin, Lawrence O. 248

WHO Framework Convention on Tobacco Control: A Global "Good" for Public Health Douglas W. Bettcher Bettcher, Douglas W. 254

Health and Human Rights Jonathan M. Mann Mann, Jonathan M. 259

United Nations Committee on Economic, Social, and Cultural Rights, The Right to the Highest Attainable Standard of Health 263

Health Policy and the WTO Elizabeth R. Jungman Jungman, Elizabeth R. 269

Meeting the Survival Needs of the World's Least Healthy People: A Proposed Model for Global Health Governance Lawrence O. Gostin Gostin, Lawrence O. 276

PART THREE Public Health and Civil Liberties in Conflict

8 Surveillance and Public Health Research: Privacy and the "Right to Know" 285

Sources: Public Health: Surveillance and Privacy Amy L. Fairchild Fairchild, Amy L. 286

Panoptic Visions and Stubborn Realities in a New Era of Privacy James Colgrove Colgrove, James 289

Mandatory Reporting of Diseases and Conditions by Health Care Providers and Laboratories Sandra Roush Roush, Sandra 292

HIV Prevention and the Two Faces of Partner Notification Kathleen E. Toomey Toomey, Kathleen E. 294

An Enhanced Approach to Distinguishing Public Health Practice from Human Subjects Research James G. Hodge Jr. Hodge, James G., Jr. 299

Justice and Fairness in the Kennedy Krieger Institute Lead Paint Study: The Ethics of Public Health Research on Less Expensive, Less Effective Interventions Franklin G. Miller Miller, Franklin G. 306

Supreme Court of the United States, Whalen v. Roe 311

Centers for Disease Control and Prevention and Department of Health and Human Services, HIPAA Privacy Rule and Public Health: Guidance from CDC and the U.S. Department for Health and Human Services 314

Informational Privacy and the Public's Health: The Model State Public Health Privacy Act Ronald O. Valdiserri Valdiserri, Ronald O. 316

9 Health, Communication, and Behavior 323

Sources: Social Marketing in Public Health Carol A. Bryant Bryant, Carol A. 325

Ethical Issues in Government-Sponsored Public Health Campaigns Ruth R. Faden Faden, Ruth R. 328

Supreme Court of the United States, 44 Liquormart, Inc. v. Rhode Island 338

Supreme Court of the United States, Lorillard Tobacco Co. v. Reilly 343

Court of Appeals for the Second Circuit, International Dairy Foods Association v. Amestoy 350

United States District Court for the Southern District of New York, New York State Restaurant Association v. New York City Board of Health 356

10 Medical Countermeasures for Epidemic Disease: Bodily Integrity 365

Sources: The Tragedy of the Commons Garrett Hardin Hardin, Garrett 369

Supreme Court of the United States, Zucht v. King 376

Supreme Court of Mississippi, Brown v. Stone 380

United States District Court for the Eastern District of Arkansas, Boone v. Boozman 382

Expansion and Backlash: Vaccination at the Turn of the Twenty-first Century James Colgrove Colgrove, James 387

Warrants for Screening Programs: Public Health, Legal and Ethical Frameworks Madison Powers Powers, Madison 390

Supreme Court of the United States, Ferguson v. City of Charleston 395

Directly Observed Therapy for Tuberculosis: History of an Idea David Wilkinson Wilkinson, David 399

Supreme Court of Wisconsin, In re Washington 401

Expedited Partner Therapy for Sexually Transmitted Diseases: Assessing the Legal Environment James Hodge Hodge, James 405

11 Public Health Strategies for Epidemic Disease: Association, Travel, and Liberty 411

Sources: The Early History of Quarantine: Origin of Sanitary Measures Directed against Yellow Fever J. M. Eager Eager, J. M. 413

Supreme Court of South Carolina, Kirk v. Wyman 416

Supreme Court of Ohio, Ex parte Company 418

Supreme Court, Queens County, City of New York v. Antoinette R 420

Ethical and Legal Challenges Posed by Severe Acute Respiratory Syndrome: Implications for the Control of Severe Infectious Disease Threats Amy L. Fairchild Fairchild, Amy L. 424

Extensively Drug-Resistant Tuberculosis: An Isolation Order, Public Health Powers, and a Global Crisis David P. Fidler Fidler, David P. 429

Who Should Get Influenza Vaccine When Not All Can? Alan Wertheimer Wertheimer, Alan 433

Public Health Law in an Age of Terrorism: Rethinking Individual Rights and Common Goods Lawrence O. Gostin Gostin, Lawrence O. 436

Public Health, and Human Rights George J. Annas Annas, George J. 443

12 Economic Liberty and the Pursuit of Public Health 449

Sources: Supreme Court of the United States, Dent v. West Virginia 451

Supreme Court of the United States, Camara v. Municipal Court of the City and County of San Francisco 455

United States District Court for the Southern District of New York, Players, Inc. v. City of New York 458

Supreme Court of New York, New York v. New St. Mark's Baths 463

Supreme Court of the United States, Lochner v. New York 464

Supreme Court of the United States, Lucas v. South Carolina Coastal Council 468

Supreme Court of the United States, Kelo v. City of New London 472

PART FOUR The Future of the Public's Health

13 Concluding Reflections on the Field: Case Studies on Biosecurity, Genomics, and Obesity 481

Sources: The Looming Threat of Bioterrorism Donald A. Henderson Henderson, Donald A. 486

The Evolving Infectious Disease Threat: Implications for National and Global Security David L. Heymann Heymann, David L. 493

Genomics---a Global Public Good? Halla Thorsteinsdottir Thorsteinsdottir, Halla 503

Obesity, Poverty, and the Built Environment: Challenges and Opportunity Wendy C. Perdue Perdue, Wendy C. 510

Selected Bibliography 521

Table of Cases 545

Index 551

About the Author 563

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