Public Health Law: Power, Duty, RestraintGostin’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. |
Contents
A Theory and Definition of Public Health Law | 3 |
Public Health in the Constitutional Design | 25 |
Constitutional Limits on the Exercise of Public | 61 |
Public Health Powers in the Modern | 71 |
A Systematic Evaluation | 85 |
Personal Privacy | 113 |
Autonomy Liberty | 203 |
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44 Liquormart activities advertising alcoholic beverages autonomy benefits burdens chapter cigarettes City civil commercial speech compulsory constitutional consumer costs criminal disclosure drug due process duty economic effects example federal firearms freedom governmental harm health and safety health information health officials Health Service identify immunization important individuals industry infection infectious disease injury interests justify legislative liability liberty lic health license litigation Lochner era ment nuisance parens patriae persons police power political population pose prevent problems procedural due process procedures programs promote protection public health agencies public health authorities public health law public health powers public health regulation public health statutes quarantine rational basis review reasonable regulatory requires risk behavior scientific screening sexual social standards state’s strict liability Supreme Court swine flu syphilis theory tion tobacco tort law treatment tuberculosis United vaccination