Public Health Law: Power, Duty, Restraint

Front Cover
Univ of California Press, Feb 2, 2016 - Law - 734 pages
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.
• Health justice as a framework for reducing health disparities and protecting the public’s health.
 

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Contents

A Systematic Evaluation
39
part two legal foundations
71
Constitutional Limits on the Exercise of Public Health
115
Democracy and Delegation
153
part three modes of legal intervention
191
3
227
13
233
18
276
Infectious Disease Prevention and Control
345
Terrorism
391
Promoting
435
Injury and Violence Prevention from a Public Health
479
Health Justice and the Future of Public Health Law
531
Notes
551
About the Authors
719
Copyright

part four public health law in context
303

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About the author (2016)

Lawrence O. Gostin is University Professor, the Founding O'Neill Chair in Global Health Law, and Director of the O'Neill Institute for National and Global Health Law and the World Health Organization Collaborating Center on Public Health Law and Human Rights at Georgetown University, and Professor of Public Health at Johns Hopkins University

Lindsay F. Wiley is Associate Professor at American University's Washington College of Law. She serves on the Board of Directors of the American Society for Law, Medicine, and Ethics and on the National Conference of Lawyers and Scientists.

Thomas R. Frieden is the Director of the U.S. Centers for Disease Control and Prevention and Acting Administrator of the Agency for Toxic Substances and Disease Registry.

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