Public Health Law: Power, Duty, RestraintUniversity of California Press, 2000 - 491 страници Gostin’s timely book offers the first systematic definition and theory of public health law. Basing his definition on a broad notion of the government’s inherent responsibility to advance the population’s health and well-being, he develops a rich understanding of the government’s fundamental powers and duties. By analyzing constitutional powers and limits, as well as statutory, administrative, and tort law, Public Health Law vividly shows how law can become a potent tool for the realization of a healthier and safer population. |
Съдържание
A Theory and Definitions of Public Health Law | 3 |
What Is Public in Public Health Law | 5 |
The PopulationBased Perspective of Public Health | 11 |
The Relationship between the People and the State | 14 |
The Mission Functions and Services of the Public Health System | 16 |
The Role of Coercion and Individual Rights in Public Health Law | 18 |
Conclusion | 21 |
Public Health in the Constitutional Design | 25 |
Health and Safety Disclosure Requirements | 165 |
A Case Study | 167 |
Conclusion | 171 |
Immunization Testing and Screening Bodily Integrity | 175 |
Conceptualizing the Determinants of Health Disease | 177 |
Immunizing the Population against Disease | 179 |
Testing and Screening | 187 |
Unreasonable Search and Seizure | 195 |
The Absence of Government Duty | 32 |
Federal Power to Assure the Conditions for Public Health | 34 |
State and Local Power to Assure the Conditions for Public Health | 47 |
Public Health in the American Federalist System | 55 |
Conclusion | 59 |
Constitutional Limits on the Exercise of Public Health Powers Safeguarding Individual Rights and Freedoms | 61 |
Public Health and the Bill of Rights | 62 |
Constitutional Limitations on the Police Power in the Early Twentieth Century | 65 |
Public Health Powers in the Modern Constitutional Era | 71 |
Public Health Regulation A Systematic Evaluation | 85 |
General Justifications for Public Health Regulation | 88 |
Understanding Risk | 93 |
The MeansEnds Test | 99 |
The Economic Costs of Public Health Regulation | 100 |
The Least Restrictive Alternative | 103 |
Just Distribution of Benefits Burdens and Costs | 104 |
The Synergy between Human Rights and Public Health | 107 |
PUBLIC HEALTH AND CIVIL LIBERTIES IN CONFLICT | 111 |
Public Health Information Personal Privacy | 113 |
Public Health Surveillance | 116 |
Mandatory Reporting of Disease and Other Health Conditions | 117 |
Partner Notification | 121 |
PopulationBased Research | 124 |
Definitions of Privacy Confidentiality and Security | 127 |
Personally Identifiable Coded and Anonymous Data | 129 |
Ethical Underpinnings | 131 |
Legal Status | 132 |
Confidentiality | 135 |
Toward a Model Public Health Information Privacy Law | 139 |
Health Communication and Behavior Freedom of Expression | 145 |
Two Antithetical Theories of Health Communication | 146 |
Public Health Communications | 148 |
Commercial Speech | 154 |
Compulsory Screening from a Disability Discrimination Perspective | 197 |
HIV Screening of Pregnant Women and Infants | 199 |
Restrictions of the Person Autonomy Liberty and Bodily Integrity | 203 |
A Brief History of Personal Control Measures | 204 |
Isolation Quarantine and Compulsory Hospitalization | 208 |
Compulsory Physical Examination and Medical Treatment | 216 |
Knowing or Willful Exposure to Infection | 224 |
Economic Behavior and the Publics Health Direct Regulation | 237 |
A Brief History of Commercial Regulation | 239 |
Public Health Agencies and the Rise of the Administrative | 242 |
The Regulatory Tools of Public Health Agencies | 252 |
Contracts Property Uses and Takings | 261 |
The Normative Value of Economic Liberty | 265 |
Tort Law and the Publics Health Indirect Regulation | 269 |
Major Theories of Tort Liability | 271 |
Scientific Conundrums in Mass Tort Litigation | 282 |
The Public Health Value of Tort Litigation | 288 |
A Case Study | 290 |
A Case Study | 297 |
Social and Economic Costs | 303 |
THE FUTURE OF PUBLIC HEALTH LAW | 307 |
Public Health Law Reform | 309 |
The Inherent Problems of Public Health | 310 |
Three Concepts of Public Health and Liberty | 315 |
Guidelines for Public Health Law Reform | 316 |
The Future of Public Health Law | 327 |
Notes | 329 |
Selected Bibliography | 449 |
Table of Cases | 465 |
| 483 | |
About the Author | |
Други издания - Преглед на всички
Public Health Law: Power, Duty, Restraint Larry Ogalthorpe Gostin,Lawrence O. Gostin Ограничен достъп - 2000 |
Често срещани думи и фрази
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