Title -- Copyright -- Contents -- List of Illustrations -- List of Tables -- List of Boxes -- Foreword by Daniel M. Fox, Samuel L. Milbank, and Carmen Hooker Odom -- Preface to the Second Edition -- Acknowledgments -- Part One Conceptual Foundations of Public Health Law -- 1. A Theory and Definition of Public Health Law -- Public Health Law: A Definition and Core Values -- Public Health Statutes: Legal Foundations of Public Health Agencies -- Law as a Tool for the Public's Health: Models of Legal Intervention -- The Legitimate Scope of Public Health and the Law -- 2. Public Health Regulation: A Systematic Evaluation -- General Justifications for Public Health Regulation -- Step 1: Is the Risk Significant? Risk Assessments -- Step 2: Is the Regulation Effective? The "Means/Ends" Test -- Step 3: Is the Regulation Cost-Effective? -- Step 4: Is the Regulation the Least Restrictive Alternative? Personal Burdens -- Step 5: Is the Regulation Fair? Just Distribution of Benefits, Burdens, and Costs -- "Transparency": A Principle of Good Public Health Governance -- The "Precautionary Principle": Acting under Conditions of Scientific Uncertainty -- Part Two Law and the Public's Health -- 3. Public Health Law in the Constitutional Design: Public Health Powers and Duties -- Constitutional Functions and Their Application to Public Health -- The Negative Constitution: The Absence of Government's Duty to Protect Health and Safety -- State and Local Power to Ensure the Conditions for the Public's Health: Salus Populi Est Suprema Lex -- Federal Power to Safeguard the Public's Health -- New Federalism and the Public's Health -- 4. Constitutional Limits on the Exercise of Public Health Powers: Safeguarding Individual Rights and Freedoms -- Public Health and the Bill of Rights: The Incorporation Doctrine.

Jacobson v. Massachusetts: Police Power and Civil Liberties in Tension -- The Enduring Meaning of Jacobson -- Public Health Powers in the Modern Constitutional Era -- 5. Public Health Governance: Direct Regulation for the Public's Health and Safety -- A Brief History of Public Health Regulation -- Public Health Agencies and the Rise of the Administrative State -- Administrative Law: Powers and Limits of Executive Agencies -- New Governance: Theory and Practice -- 6. Tort Law and the Public's Health: Indirect Regulation -- Major Theories of Tort Liability -- Scientific Conundrums in Mass Tort Litigation: Epidemiology in the Courtroom -- The Public Health Value of Tort Litigation -- "The Tobacco Wars": A Case Study -- Tort Litigation to Prevent Firearm Injuries: A Case Study -- The Limitations of Tort Law: Social and Economic Costs -- 7. Global Health Law: Health in a Global Community -- Globalization and the Spread of Infectious Disease, Man-Made and Controllable -- The Epidemiologic Transition from Infectious to Noncommunicable Diseases: A Double Burden in Resource-Poor Countries -- International Health Regulations: A Historic Development in Global Governance -- Framework Convention on Tobacco Control: Global Strategies to Reduce Smoking -- World Trade and World Health -- Human Rights: Advancing Dignity, Justice, and Security in Health -- Part Three Public Health and Civil Liberties in Conflict -- 8. Surveillance and Public Health Research: Personal Privacy and the "Right to Know" -- Public Health Surveillance -- Mandatory Reporting of Diseases and Other Health Conditions -- Physician and Community Resistance to Notification Laws: Case Studies on HIV and Diabetes Surveillance -- Partner Notification: Contact Tracing, Duty to Warn, and Right to Know -- Public Health Research -- Privacy, Confidentiality, and Security: Defining Concepts.

Health Information Privacy: Ethical Underpinnings -- Health Information Privacy: Legal Status -- Toward a Model Public Health Information Privacy Law -- 9. Health, Communication, and Behavior: Freedom of Expression -- Two Antithetical Theories of Health Communication -- Government Speech: Public Health Communications -- When Government Speaks: A Constitutional Perspective -- Commercial Speech -- Compelled Commercial Speech: Health and Safety Disclosure Requirements -- Food Marketing to Children: A Case Study -- 10. Medical Countermeasures for Epidemic Disease: Bodily Integrity -- Compulsory Vaccination: Immunizing the Population against Disease -- Testing and Screening -- A Case Study on HIV Screening: Public Health and Civil Liberties in Conflict? -- Compulsory Physical Examination and Medical Treatment -- 11. Public Health Strategies for Epidemic Disease: Association, Travel, and Liberty -- A Brief History of the Ancient Power of Quarantine -- Isolation and Quarantine: Law, Ethics, and Public Policy -- Community Containment Strategies -- Pandemic Influenza: A Case Study on Medical Countermeasures and Public Health Interventions -- 12. Economic Liberty and the Pursuit of Public Health -- The Regulatory Tools of Public Health Agencies -- Economic Liberty: Contracts, Property Uses, and "Takings" -- The Normative Value of Economic Liberty -- Part Four The Future of the Public's Health -- 13. Concluding Reflections on the Field -- Public Health, Politics, and Money -- Leadership and Jurisdiction -- Legitimacy and Trust -- Powers and Limits in Public Health: A Case Study on Obesity and Chronic Disease -- The Future of Public Health Law -- Notes -- Selected Bibliography -- Table of Cases -- Index -- About the Author.