Public health law and ethics : a reader

Cover
Public Health Law and Ethics
Title
Copyright
Contents
List of Illustrations and Tables
Preface to Third Edition
PART ONE. CONCEPTUAL FOUNDATIONS OF PUBLIC HEALTH LAW AND ETHICS
	1. Law and the Public’s Health: Mapping the Terrain
		Sick Individuals and Sick Populations
		Beyond Health Care: The Role of Social Determinants in Promoting Health and Health Equity
		Health Disparities and Health Equity: The Issue Is Justice
		Community: The Neglected Tradition of Public Health
		Choosing a Future for Epidemiology: 1. Eras and Paradigms
		The Scope and Limits of Public Health Law
		Let the Shoemaker Stick to His Last: A Defense of the “Old” Public Health
	2. Public Health Ethics: Science, Values, and the Regulation of Risk
		The Genesis of Public Health Ethics
		Ethics and Public Health: Forging a Strong Relationship
		Putting Public Health Ethics into Practice: A Systematic Framework
		Reference Guide on Epidemiology
		Perception of Risk
		Breaking the Vicious Cycle: Toward Effective Risk Regulation
		A Compass for Health: Rethinking Precaution and Its Role in Science and Public Health
		Known Knowns, Known Unknowns, Unknown Unknowns: The Predicament of Evidence-Based Policy
		Grimes v. Kennedy Institute, Inc.
PART TWO. LEGAL FOUNDATIONS OF PUBLIC HEALTH
	3. Public Health Powers and Duties
		Commissioned by Office of Governor Rick Snyder, State of Michigan, Flint Water Advisory Task Force Final Report
		Supreme Court of the United States, Deshaney v. Winnebago County Department Services
		Supreme Court of the United States, Castle Rock v. Gonzales
		Governance, Police, and American Liberal Mythology
		United States Court of Appeals for the Second Circuit, 23–34 94th St. Grocery Corp. v. New York City Board of Health
		Supreme Court of the United States, National Federation of Independent Business v. Sebelius
		Corporate Federalism and Marijuana Regulation
	4. Public Health and the Protection of Individual Rights: Due Process, Equal Protection, and the First Amendment
		Supreme Court of the United States, Jacobson v. Massachusetts
		Supreme Court of the United States, Lochner v. New York
		Circuit Court, Northern District of California, Jew Ho v. Williamson
		Supreme Court of Appeals of West Virginia, Greene v. Edwards
		Supreme Court of the United States, Whole Woman’s Health v. Hellerstedt
		Supreme Court of New York, New York v. New St. Mark’s Baths
		Court of Appeals of California, First District, Walgreen Co. v. City and Co. of San Francisco
		Supreme Court of the United States, Agency for International Development v. Alliance for Open Society International, Inc.
		Supreme Court of the United States, Sorrell v. IMS Health Inc.
		Supreme Court of the United States, Burwell v. Hobby Lobby Stores, Inc.
		Supreme Court of the United States, Obergefell v. Hodges
	5. Public Health Governance: Administrative Agencies and Local Governments
		Eight Appellate District, County of Cuyahoga, Cleveland v. State
		Why Do Cities Innovate in Public Health? Implications of Scale and Structure
		New York Court of Appeals, New York Statewide Coalition of Hispanic Chambers of Commerce v. New York City Dept. of Health & Mental Hygiene
		Supreme Court of the United States, King v. Burwell
		Supreme Court of the United States, Massachusetts v. EPA
		Institute of Medicine, Intersectoral Action on Health
PART THREE. MODES OF LEGAL INTERVENTION
	6. Direct Regulation for the Public’s Health and Safety
		The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought
		The Case for Abolishing Centralized White House Regulatory Review
		Cost-Benefit Analysis as a Commitment Device
		United States Court of Appeals for the First Circuit, Philip Morris v. Reilly
		Libertarianism Paternalism Is Not an Oxymoron
		A New Governance Recipe for Food Safety
		The Food Industry and Self-Regulation: The Standards to Promote Success and to Avoid Public Health Failures
		The Uses and Abuses of Police Discretion: Toward Harm Reduction Policing
	7. Tort Liability as Indirect Regulation
		The New Public Health Litigation
		Supreme Court of the United States, Daubert v. Merrell Dow Pharmaceuticals, Inc.
		Compensating the Victims of Failure to Vaccinate: What Are the Options?
		United States Court of Appeals for the Fifth Circuit, Borel v. Fibreboard Paper Products Corp.
		The FDA and the Tort System: Postmarketing Surveillance, Compensation, and the Role of Litigation
		United States Court of Appeals for the Second Circuit, Pelman v. McDonald’s Corp.
		United States District Court for the Northern District of California, Gitson v. Trader Joe’s Co.
		The Potential for State Attorneys General to Promote the Public’s Health: Theory, Evidence, and Practice
		Supreme Court of Rhode Island, State of Rhode Island v. Lead Industries Association
		United States Court of Appeals for the Second Circuit, Purdue Pharma v. Kentucky
		United States Court of Appeals for the District of Columbia Circuit, United States v. Philip Morris USA Inc.
		United States Court of Appeals for the Second Circuit, City of New York v. Beretta U.S.A. Corp.
	8. Taxation, Spending, and the Social Safety Net
		The Semantics of Sin Tax: Politics, Morality, and Fiscal Imposition
		Taxing Food and Beverage Products: A Public Health Perspective and a New Strategy Prevention
		Trust for America’s Health, A Funding Crisis for Public Health and Safety: A State-by-State Look at Public Health Funding and Key Health Facts
		The 2014 Farm Bill and SNAP: Improving the Diets of Low-Income Americans?
		Hospitals as Community Hubs: Integrating Community Benefit Spending, Community Health Needs Assessment, and Community Health Improvement
		Health Care and the Myth of Self-Reliance
		Medicaid Access, Rate Setting, and Payment Suits: How the Obama Administration Is Undermining Its Own Health Reform Goals
		Supreme Court of the United States, Armstrong v. Exceptional Child Center
PART FOUR. PUBLIC HEALTH LAW IN CONTEXT
	9. Surveillance and Public Health Research: Privacy, Security, and Confidentiality of Personal Health Information
		Public Health Surveillance in the Twenty-First Century: Achieving Population Health Goals While Protecting Individuals’ Privacy and Confidentiality
		Institute of Medicine, The Value, Importance, and Oversight of Health Research
		Supreme Court of the United States, Whalen v. Roe
		Reconsidering Constitutional Protection for Health Information Privacy
		U.S. Department of Health and Human Services Office for Civil Rights, Privacy of Individually Identifiable Health Information (The HIPAA Privacy Rule)
		Protecting Patient Privacy in the Age of Big Data
		U.S. Department of Health and Human Services, Federal Policy for Protection of Human Subjects (The Common Rule)
		U.S. Centers for Disease Control and Prevention, Distinguishing Public Health Research and Public Health Nonresearch
		Supreme Court of Minnesota, Bearder v. State
	10. Infectious Disease Prevention and Control
		Responding to the Childhood Vaccination Crisis: Legal Frameworks and Tools in the Context of Parental Vaccine Refusal
		Supreme Court of the United States, Zucht v. King
		United States Court of Appeals, Fourth Circuit, Workman v. Mingo County Board of Education
		California Educational and Child Care Facility Immunization Requirements
		Law and the Social Risk of Health Care: Lessons from HIV Testing
		U.S. Centers for Disease Control and Prevention, HIV Testing Implementation Guidance for Correctional Settings
		The Ethical Significance of Antimicrobial Resistance
		Supreme Court of South Carolina, Kirk v. Wyman
		Supreme Court of Wisconsin, In Re Washington
		Hypothetical: Role of Social Media in HIV/AIDS Tracking, Contact Tracing, and Partner Notification
		Expedited Partner Therapy: Clinical Considerations and Public Health Explorations
		Maryland Code, Health Article, § 18–214.1, Maryland Expedited Partner Therapy Statute
	11. Public Health Emergency Preparedness and Response
		Trust for America’s Health, Ready or Not? Protecting the Public’s Health from Diseases, Disasters and Bioterrorism
		Florida Public Health Advisories, Public Health Emergencies, and Isolation and Quarantine Statute
		United States District Court for the Southern District of New York, Brooklyn Center for Independence of the Disabled v. Bloomberg
		Examining the Ethics of Clinical Use of Unproven Interventions Outside of Clinical Trials during the Ebola Epidemic
		Allocating Vaccines and Antiviral Medications during an Influenza Pandemic
		Playing God: The Legality of Plans Denying Scarce Resources to People with Disabilities in Public Health Emergencies
		From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine
		U.S. Centers for Disease Control and Prevention, Control of Communicable Diseases
		Maine District Court, Mayhew v. Hickox
	12. Noncommunicable Disease Prevention
		United States Court of Appeals for the Ninth Circuit, R. J. Reynolds v. Shewry
		Supreme Court of the United States, 44 Liquormart, Inc., v. Rhode Island
		Supreme Court of the United States, Lorillard Tobacco Co. v. Reilly
		United States District Court for the Southern District of New York, New York State Restaurant Association v. New York City Board of Health
		United States Circuit Court for the District of Columbia Circuit, R. J. Reynolds Tobacco Company v. FDA
		United States Court of Appeals for the First Circuit, National Association of Tobacco Outlets, Inc. v. City of Providence
		United States Supreme Court, Dolan v. City of Tigard
		Obesity: Chasing an Elusive Epidemic
		What (Not) to Do about Obesity: A Moderate Aristotelian Answer
	13. Injury and Violence Prevention
		Supreme Court of Vermont, Benning v. State
		United States Court of Appeals for the Third Circuit, Dawson v. Chrysler Corp.
		United States Court of Appeals for the Second Circuit, McCarthy v. Olin Corp.
		Supreme Court of the United States, District of Columbia v. Heller
		United States Court of Appeals for the Eleventh Circuit, Wollschlaeger v. Florida
		Supreme Court of the United States, Ferguson v. City of Charleston
		United States District Court for the District of Massachusetts, Zogenix v. Baker
	14. Health Justice
		The Exodus of Public Health: What History Can Tell Us about the Future
		Justice from the Ground Up: Distributive Inequities, Grassroots Resistance, and the Transformative Politics of the Environmental Justice Movement
		Understanding Reproductive Justice
		Food Justice as Interracial Justice: Urban Farmers, Community Organizations and the Role of Government in Oakland, California
		Health Justice: A Framework (and Call to Action) for the Elimination of Health Inequity and Social Injustice
About the Authors
General Index
Index of Cases