The New Public Health Law

Scott Burris, JD, is Professor of Law and Public Health at Temple University, where he directs the Center for Public Health Law Research.Micah L. Berman, JD, is Associate Professor in the College of Public Health and Moritz College of Law at The Ohio State University. He previously directed policy centers that worked with state and local health departments in New York, Vermont, and Ohio and served as a senior advisor to the FDA Center for Tobacco Products.Matthew Penn, JD, MLIS, is a public health attorney with over 20 years of experience in public health litigation, environmental health, and emergency preparedness. He is a former staff attorney for the South Carolina Supreme Court and South Carolina's Department of Health and Environmental Control. He is the Director of Public Health Law Program at the Centers for Disease Control and Prevention.Tara Ramanathan Holiday, JD, MPH, has worked in public health for 20 years, most recently as an attorney focused on improving the public health system. Her work has informed national strategy on public health infrastructure and data, healthcare quality, and global migration and quarantine. She is a senior advisor in the Centers for Disease Control and Prevention's Office of the Director.

• Introduction Section I: Foundations of Public Health Law and Ethics 1. Public Health and Law2. The Public Health System3. A Transdisciplinary Approach to Public Health Law4. Ethics in Transdisciplinary Practice Section II: Policy Development: Solving Problems with Law 5. Identifying Public Health Problems6. Choosing a Legal Approach7. Using Evidence and Knowledge Critically in Policy Development Section III: The Power to Act: Legal Authority and Its Limitations 8. The Constitution, Federalism, and Federal Preemption9. Federal Public Health Authority10. State and Local Public Health Authority 11. Constitutional Limitations: Due Process of Law12. Constitutional Limitations: Equal Protection of Law13. Constitutional Limitations: The First and Second Amendments14. Administrative Challenges Section IV: From Policy Idea to Law on the Books: Advocacy and Legal Strategy 15. Strategic Considerations in Creating a Legal Proposal16. How to Write a Law17. Public Health Advocacy Section V: Putting Law Into Practice: Enforcement and Implementation 18. Models of Regulation 19. Enforcement 20. Defending Lawsuits Section VI: Diffusing Effective Legal Solutions: Policy Surveillance and Evaluation 21. Scientific Evaluation in Transdisciplinary Public Health Research and Practice Afterword: Where Public Health Law Goes from Here Index