Public Health Law : Power, Duty, Restraint
By: Gostin, Lawrence O.Material type: TextSeries: eBooks on Demand.California/Milbank Books on Health and the Public: Publisher: Berkeley : University of California Press, 2008Edition: 2nd ed.Description: 1 online resource (800 p.).ISBN: 9780520934382.Subject(s): Public health -- United States | Public health laws - United States | Public health laws -- United StatesGenre/Form: Electronic books.Additional physical formats: Print version:: Public Health Law : Power, Duty, RestraintDDC classification: 300 | 344.7304 LOC classification: KF3775Online resources: Click here to view this ebook.
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|Electronic Book||UT Tyler Online Online||KF3775 (Browse shelf)||http://uttyler.eblib.com/patron/FullRecord.aspx?p=744159||Available||EBL744159|
Cover; Contents; List of Illustrations; List of Tables; List of Boxes; Foreword; Preface to the Second Edition; Acknowledgments; Part One: Conceptual Foundations of Public Health Law; 1. A Theory and Definition of Public Health Law; Public Health Law: A Definition and Core Values; Public Health Statutes: Legal Foundations of Public Health Agencies; Law as a Tool for the Public's Health: Models of Legal Intervention; The Legitimate Scope of Public Health and the Law; 2. Public Health Regulation: A Systematic Evaluation; General Justifications for Public Health Regulation
Step 1: Is the Risk Significant? Risk AssessmentsStep 2: Is the Regulation Effective? The "Means/Ends" Test; Step 3: Is the Regulation Cost-Effective?; Step 4: Is the Regulation the Least Restrictive Alternative? Personal Burdens; Step 5: Is the Regulation Fair? Just Distribution of Benefits, Burdens, and Costs; "Transparency": A Principle of Good Public Health Governance; The "Precautionary Principle": Acting under Conditions of Scientific Uncertainty; Part Two: Law and the Public's Health; 3. Public Health Law in the Constitutional Design: Public Health Powers and Duties
Constitutional Functions and Their Application to Public HealthThe Negative Constitution: The Absence of Government's Duty to Protect Health and Safety; State and Local Power to Ensure the Conditions for the Public's Health: Salus Populi Est Suprema Lex; Federal Power to Safeguard the Public's Health; New Federalism and the Public's Health; 4. Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms; Public Health and the Bill of Rights: The Incorporation Doctrine; Jacobson v. Massachusetts: Police Power and Civil Liberties in Tension
The Enduring Meaning of JacobsonPublic Health Powers in the Modern Constitutional Era; 5. Public Health Governance: Direct Regulation for the Public's Health and Safety; A Brief History of Public Health Regulation; Public Health Agencies and the Rise of the Administrative State; Administrative Law: Powers and Limits of Executive Agencies; New Governance: Theory and Practice; 6. Tort Law and the Public's Health: Indirect Regulation; Major Theories of Tort Liability; Scientific Conundrums in Mass Tort Litigation: Epidemiology in the Courtroom; The Public Health Value of Tort Litigation
"The Tobacco Wars": A Case StudyTort Litigation to Prevent Firearm Injuries: A Case Study; The Limitations of Tort Law: Social and Economic Costs; 7. Global Health Law: Health in a Global Community; Globalization and the Spread of Infectious Disease, Man-Made and Controllable; The Epidemiologic Transition from Infectious to Noncommunicable Diseases: A Double Burden in Resource-Poor Countries; International Health Regulations: A Historic Development in Global Governance; Framework Convention on Tobacco Control: Global Strategies to Reduce Smoking; World Trade and World Health
Human Rights: Advancing Dignity, Justice, and Security in Health
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 emergi
Description based upon print version of record.