The New Public Health Law A Transdisciplinary Approach to Practice and Advocacy

Public health law isn't just for lawyers. Or at least it doesn't have to be.

Originally published in 2018, The New Public Health Law was the first textbook to arm lawyers and public health professionals of any background with the tools to fully exploit the potential of law to improve public health. This refreshed second edition furthers the transdisciplinary approach of the first edition with key updates to case law and evolving legal changes in response to COVID-19 and worsening health inequities.

Suitable for courses in public health, law, and social work, this helpful guidebook offers straightforward chapters that move through the life cycle of public health law practice and legal epidemiology from policy development and advocacy to enforcement and evaluation. It breaks down complex legal processes into discrete and understandable stages with case studies across a wide range of health subjects including chronic disease prevention, injuries and violence, maternal and child health, infectious disease preparedness and response, and food and drug safety.

Supported by an online teacher's guide and written for readers of any background, The New Public Health Law, Second Edition is an indispensable roadmap for the difficult work of crafting and improving 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 Law
2. The Public Health System
3. A Transdisciplinary Approach to Public Health Law
4. Ethics in Transdisciplinary Practice

Section II: Policy Development: Solving Problems with Law

5. Identifying Public Health Problems
6. Choosing a Legal Approach
7. 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 Preemption
9. Federal Public Health Authority
10. State and Local Public Health Authority
11. Constitutional Limitations: Due Process of Law
12. Constitutional Limitations: Equal Protection of Law
13. Constitutional Limitations: The First and Second Amendments
14. Administrative Challenges

Section IV: From Policy Idea to Law on the Books: Advocacy and Legal Strategy

15. Strategic Considerations in Creating a Legal Proposal
16. How to Write a Law
17. 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