Public health law in an age of terrorism: rethinking individual rights and common goods

Health Affairs

Volumn 21, Issue 6, 2002, Pages 79-93

  Gostin, Lawrence O ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

ARTICLE; BIOLOGICAL WARFARE; CIVIL RIGHTS; CONSUMER ADVOCACY; DISASTER PLANNING; EMERGENCY; FREEDOM; HEALTH CARE AND PUBLIC HEALTH; HUMAN; LEGAL APPROACH; LEGAL ASPECT; MANDATORY PROGRAM; PERSONAL AUTONOMY; POLITICS; PUBLIC HEALTH; PUBLIC HEALTH SERVICE; SOCIAL CONTROL; UNITED STATES; WAR AND HUMAN RIGHTS ABUSES;

HEALTH CARE AND PUBLIC HEALTH; LEGAL APPROACH; WAR AND HUMAN RIGHTS ABUSES;

BIOTERRORISM; CIVIL RIGHTS; CONSUMER ADVOCACY; DISASTER PLANNING; EMERGENCIES; FREEDOM; HUMANS; MANDATORY PROGRAMS; PERSONAL AUTONOMY; POLITICS; PUBLIC HEALTH; PUBLIC HEALTH ADMINISTRATION; SOCIAL CONTROL POLICIES; UNITED STATES;

EID: 0036835415     PISSN: 02782715     EISSN: None     Source Type: Journal    
DOI: 10.1377/hlthaff.21.6.79     Document Type: Article

References (12)

1. K.W. Eilbert et al, Measuring Expenditurts for Essential Public Health Services (Washington: Public Health Foundation, 1996). For state-level spending, see Centers for Disease Control and Prevention, "Effectiveness in Disease and Injury Prevention Estimated National Spending on Prevention -United States, 1988," Morbidity and Mortality Weekly Report 41, no. 29 (1992): 529-536. For federal-level spending, sec J.I. Boufford and P.R. Lee, Health Policies for the Twenty-first Century. Challenges and Recommendations for the U.S. Department of Health and Human Services (New York Milbank Memorial Fund, 2001).
2. K.W. Eilbert et al, Measuring Expenditurts for Essential Public Health Services (Washington: Public Health Foundation, 1996). For state-level spending, see Centers for Disease Control and Prevention, "Effectiveness in Disease and Injury Prevention Estimated National Spending on Prevention -United States, 1988," Morbidity and Mortality Weekly Report 41, no. 29 (1992): 529-536. For federal-level spending, sec J.I. Boufford and P.R. Lee, Health Policies for the Twenty-first Century. Challenges and Recommendations for the U.S. Department of Health and Human Services (New York Milbank Memorial Fund, 2001).
3. K.W. Eilbert et al, Measuring Expenditurts for Essential Public Health Services (Washington: Public Health Foundation, 1996). For state-level spending, see Centers for Disease Control and Prevention, "Effectiveness in Disease and Injury Prevention Estimated National Spending on Prevention -United States, 1988," Morbidity and Mortality Weekly Report 41, no. 29 (1992): 529-536. For federal-level spending, sec J.I. Boufford and P.R. Lee, Health Policies for the Twenty-first Century. Challenges and Recommendations for the U.S. Department of Health and Human Services (New York Milbank Memorial Fund, 2001).
4. Institute of Medicine, The Future of Public Health (Washington: National Academy Press, 1988).
5. CDC, Public Health's Infrastructure: A Status Report (Atlanta: CDC, 2001).
6. L.M. Bush et al., "Index Case of Fatal Inhalational Anthrax Due to Bioterrorism in the United States," New England Journal of Medicine (29 November 2001): 1607-1611.
7. J. Feinberg, The Moral Limits of the Criminal Law, 4 vols. (New York Oxford University Press, 1987-1990).
8. Jacobson v. Massachusetts, 197 U.S. 11, 26 (1905).
9. On averting risk, see Washington v. Harper, 494 U.S. 210, 227 (1990) (upholding forced administration of antipsychotic medication if the inmate is dangerous to himself or others and the treatment is in the inmate's medical interest). On compulsory testing, see Skinner v. Railway Labor Executives' Ass'n, 489 U.S. 601 (1989). On compulsory reporting, see Whalen v. Roe, 429 U.S. 589 (1977). On compulsory vaccination, see Zucht v. King, 260 U.S. 174 (1922). On compulsory treatment, see McCormick v. Stalder, 105 F.3d 1059,1061 (5th Cir. 1997) (finding that the state's compelling interest in reducing the spread of tuberculosis justifies involuntary treatment). On isolation, see Greme v. Edwards, 263 S.E.2d 661 (1980).
10. S. Lueck, "States Seek to Strengthen Emergency Powers: Movement Is Raising Privacy and Civil-Liberties Concerns," Wall Street Journal 7 January 2002.
11. Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992).
12. Commonwealth v. Alger, 7 Cush.53, 84-85 (1851).