Public Health Law in Practice

by Jennifer L. Pomeranz, Thomas G. Merrill, Kevin R.J. Schroth

Overview

Public Health Law in Practice offers an accessible deep dive into public health law for public health students and practitioners with or without a legal background. It provides a detailed overview of the American legal system with clear explanation of the government's abilities and limitations to promote public health through policies and programs. Chapters further describe the influence of law by subject, with excerpts from real legal cases across topical areas like tobacco, firearms, reproductive health, and nutrition policies. The volume concludes with practical strategies for legislation drafting and coalition building with government and community groups. Enriched with insights into the inner workings of public health departments, Public Health Law in Practice is the crucial public health law textbook that prepares public health students for work in the field of public health outside the classroom.

Product Details

ISBN-13:	9780197528525
Publisher:	Oxford University Press
Publication date:	03/28/2023
Sold by:	Barnes & Noble
Format:	eBook
Pages:	272
File size:	7 MB

About the Author

Jennifer L. Pomeranz, JD, MPH, is a professor in the School of Global Public Health at New York University. Her research focuses on legal opportunities and barriers to enacting public health policies at the federal, state, and local levels. Ms. Pomeranz is the author of dozens of journal articles and the book, Food Law for Public Health, published by Oxford University Press in 2016. Thomas Merrill, JD, is the former General Counsel to both the New York City Department of Health and Mental Hygiene and New York City Board of Health. He is an adjunct professor at the CUNY Graduate School of Public Health and Health Policy, where he teaches public health law. Kevin Schroth, JD, is an associate professor with the Center for Tobacco Studies and the School of Public Health at Rutgers University. He teaches public health law, and his research focuses on how tobacco regulatory science can improve tobacco control policy. Mr. Schroth previously served as an attorney with the New York City Health Department, directing tobacco control policy for the City. During this tenure, he played a principal role in drafting and passing more than a dozen tobacco control laws. Before concentrating on public health, he worked as a commercial litigator, and clerked for federal and state judges in New Jersey.

Table of Contents

Preface Section I - Government Authority and Limits on Authority Chapter 1: United States Government Structure and Background for Public Health Law Chapter 2: Authorities, Sources of Law Case 2.1: Nat'l Fed'n of Indep. Bus. v. Sebelius Case 2.2: National Federation of Independent Business v. Department of Labor Case 2.3: Jacobson v. Massachusetts Chapter 3: Constitutional Limitations on the Authority of Government to Protect Health Case 3.1: Camara v. Municipal Court of San Francisco Case 3.2: Los Angeles v. Patel Case 3.3: Dobbs v. Jackson Women's Health Org Chapter 4: The First Amendment Case 4.1: Lorillard Tobacco Co. v. Reilly (speech only) Case 4.2: National Institute of Family and Life Advocates v. Becerra Case 4.3: Roman Catholic Diocese of Brooklyn v. Cuomo Case 4.4: In re E.G. Section II - Public Health Agencies and Their Responsibilities Chapter 5: Health Departments Case 5.1: Boreali v. Axelrod Case 5.2: New York Statewide Coalition of Hispanic Chambers of Commerce, et alia, v. New York City Department of Health and Mental Hygiene Chapter 6: Data Collection; Confidentiality Case 6.1: Whalen v. Roe Case 6.2: Miguel M. v. Barron Chapter 7: Environmental Law Case 7.1: Pelaez v Seide Chapter 8: Infectious Disease: Disease Control Case 8.1: Hickox v. Christie Chapter 9: Public Processes Section III - Topics in Public Health Law Chapter 10 Tobacco Case 10.1: Food and Drug Administration, et al., Petitioners, v. Brown & Williamson Tobacco Corporation, et al. Case 10.2: Lorillard Tobacco Co. v. Reilly (preemption only) Chapter 11: Cannabis Case 11.1: Conant v. Walters Chapter 12: Opioids Case 12.1: United States v. Safehouse Chapter 13: Alcohol Chapter 14: Food and Nutrition Case 14.1: Nakia Williams v. Gerber Products Company Chapter 15: Firearms Case 15.1: District of Columbia v. Heller Case 15.2: New York State Rifle & Pistol Association Inc., et al, v. Bruen, Superintendent of New York State Police, et al. Chapter 16: Sexual Health and the Law Chapter 17: Public Health Policymaking

Editorial Reviews

Reviewer: Margaret Griffin, BA,MPH,MD(Retired)
Description: This book is a very technical and sophisticated text for specialists with experience in practicing public health law. It details the historical background of the U.S. Constitution and the three branches of government designed to enforce laws in the United States of America and its 50 states. The book outlines government authority and limits in great detail, and then continues to define public health agencies and their responsibilities under the laws. The final chapters are devoted to relevant public health issues specific to tobacco use, cannabis use, opioids, alcohol, food and nutrition, firearms, sexual health, and public policymaking.
Purpose: The book's purpose is to become the first textbook to present the principles of public health law in a narrative format intended for a public health audience combined with actual case law and examples. The book illustrates how public health law in the U.S. is a study of U.S. Constitutional law. The book is very detailed and adds to a better understanding of laws' limitations related to public health policy. The book details many legal issues supported by legislation on local, state, and federal levels relevant to public health and safety.
Audience: This book is written for specialists practicing in public health departments, teaching public health policy in academic institutions, and legislatures enforcing rules, regulations, and standards relevant to all citizens living in the United States. The book details current public health issues and legislation on numerous public health policies. The authors all have outstanding credentials.
Features: The book starts out with historical data about the U.S. Constitution and explains in detail how all of the branches of government function and govern. Part II defines the duties of all the government designated health and safety departments and how they function. Part III addresses current society issues specific to tobacco use, cannabis use, opioid use, alcohol consumption, safety of food, nutrition, owning and use of firearms, reproductive rights, sexual health, and public policymaking. Tables and diagrams used in the text are current and accurate. All areas discussed are relevant to public health policy and the authors are open to related evolving issues such as the opioid crisis, gun control, and COVID-19.
Assessment: This book, as mentioned by the authors, is the first of its kind in the field. It is technically difficult to read and someone without a law background may not completely comprehend some of the legal issues. The discussion on current public health problems is very comprehensive. The authors' advice about public health policymaking and legislation at the end of the book is helpful.

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