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  1. The Impact of Law on Coronary Heart Disease: Some Preliminary Observations on the Relationship of Law to “Normalized” Conditions.Wendy E. Parmet - 2002 - Journal of Law, Medicine and Ethics 30 (4):608-620.
    The relationship between law and a population’s health is complex and poorly understood. To the extent that scholarship exists on the subject, it has usually focused on epidemics that are concentrated in relatively vulnerable, marginalized communities. Often, individual behaviors are assumed to play a major role in the epidemiology of these diseases. Perhaps, as a result, these illnesses become stigmatized and the object of coercive laws, which in turn become the subject of litigation, legal debate, and ultimately scholarly analysis. Thus, (...)
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  • The Impact of Law on Coronary Heart Disease: Some Preliminary Observations on the Relationship of Law to "Normalized" Conditions.Wendy E. Parmet - 2002 - Journal of Law, Medicine and Ethics 30 (4):608-620.
    The relationship between law and a population’s health is complex and poorly understood. To the extent that scholarship exists on the subject, it has usually focused on epidemics that are concentrated in relatively vulnerable, marginalized communities. Often, individual behaviors are assumed to play a major role in the epidemiology of these diseases. Perhaps, as a result, these illnesses become stigmatized and the object of coercive laws, which in turn become the subject of litigation, legal debate, and ultimately scholarly analysis. Thus, (...)
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  • HIV and the Law: Integrating Law, Policy, and Social Epidemiology.Zita Lazzarini & Robert Klitzman - 2002 - Journal of Law, Medicine and Ethics 30 (4):533-547.
    In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...)
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  • HIV and the Law: Integrating Law, Policy, and Social Epidemiology.Zita Lazzarini & Robert Klitzman - 2002 - Journal of Law, Medicine and Ethics 30 (4):533-547.
    In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...)
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  • Mapping the Scope and Opportunities for Public Health Law in Liberal Democracies.Roger S. Magnusson - 2007 - Journal of Law, Medicine and Ethics 35 (4):571-587.
    The two questions, “What is public health law?” and “How can law improve the public's health?” are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.
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  • Mapping the Scope and Opportunities for Public Health Law in Liberal Democracies.Roger S. Magnusson - 2007 - Journal of Law, Medicine and Ethics 35 (4):571-587.
    The two questions, “What is public health law?” and “How can law improve the public’s health?”, are perennial ones for public health law scholars. They are ideological questions because perceptions about the proper boundaries of law’s role will shape perceptions of what law can do, in an operational sense, to improve health outcomes. They are also theoretical questions, in the sense that, without closing down debate about the limits of public health law, these questions can be addressed by mapping the (...)
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  • Application of Law to the Childhood Obesity Epidemic.Jess Alderman, Jason A. Smith, Ellen J. Fried & Richard A. Daynard - 2007 - Journal of Law, Medicine and Ethics 35 (1):90-112.
    Childhood obesity is in important respects a result of legal policies that influence both dietary intake and physical activity. The law must shift focus away from individual risk factors alone and seek instead to promote situational and environmental influences that create an atmosphere conducive to health. To attain this goal, advocates should embrace a population-wide model of public health, and policymakers must critically examine the fashionable rhetoric of consumer choice.
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  • The Evolving Field of Health and Human Rights: Issues and Methods.Stephen P. Marks - 2002 - Journal of Law, Medicine and Ethics 30 (4):739-754.
    The conference on Health, Law and Human Rights: Exploring the Connections held last fall in Philadelphia was a telling moment in the complex history of a movement — the “health and human rights movement” for want of a better term — inaugurated by the pioneering work of Jonathan Mann, whose memory the Conference honored. The François-Xavier Bagnoud Center for Health and Human Rights — founded by Mann and carrying on his legacy — was pleased to co-sponsor the conference. The conference (...)
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  • The Evolving Field of Health and Human Rights: Issues and Methods.Stephen P. Marks - 2002 - Journal of Law, Medicine and Ethics 30 (4):739-754.
    The conference on Health, Law and Human Rights: Exploring the Connections held last fall in Philadelphia was a telling moment in the complex history of a movement — the “health and human rights movement” for want of a better term — inaugurated by the pioneering work of Jonathan Mann, whose memory the Conference honored. The François-Xavier Bagnoud Center for Health and Human Rights — founded by Mann and carrying on his legacy — was pleased to co-sponsor the conference. The conference (...)
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  • Health and the Governance of Security: A Tale of Two Systems.Sevgi Aral, Scott Burris & Clifford Shearing - 2002 - Journal of Law, Medicine and Ethics 30 (4):632-643.
    The provision of police services and the suppression of crime is one of the first functions of civil government. Article 3 of the Universal Declaration of Human Rights speaks of a right to “security of person.” “The term ‘police’ traditionally connoted social organization, civil authority, or formation of a political community—the control and regulation of affairs affecting the general order and welfare of society,” including the protection of public health. Civil dispute resolution is also an important part of a system (...)
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  • Does Indebtedness Influence Health? A Preliminary Inquiry.Melissa B. Jacoby - 2002 - Journal of Law, Medicine and Ethics 30 (4):560-571.
    In recent years, consumer debt and the bankruptcy filing rate have received substantial public and media attention in the United States. That attention pales in comparison with widespread concerns and media reporting about health. Yet, both sets of discussions may be relevant to individuals and families facing a combination of health problems and financial problems. In a recent study, nearly half of the sample of individual bankruptcy filers reported they also were dealing with illness, injury, or substantial medical debt.Whether somethmg (...)
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  • Does Indebtedness Influence Health? A Preliminary Inquiry.Melissa B. Jacoby - 2002 - Journal of Law, Medicine and Ethics 30 (4):560-571.
    In recent years, consumer debt and the bankruptcy filing rate have received substantial public and media attention in the United States. That attention pales in comparison with widespread concerns and media reporting about health. Yet, both sets of discussions may be relevant to individuals and families facing a combination of health problems and financial problems. In a recent study, nearly half of the sample of individual bankruptcy filers reported they also were dealing with illness, injury, or substantial medical debt.Whether somethmg (...)
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  • Applying the Common Rule to Public Health Agencies: Questions and Tentative Answers About a Separate Regulatory Regime.Scott Burris, James Buehler & Zita Lazzarini - 2003 - Journal of Law, Medicine and Ethics 31 (4):638-653.
    No one questions the importance of protecting human subjects of research, but over the past few years dissatisfaction has surfaced with the manner in which the protection is conferred by the federal regulatory system referred to as “The Common Rule. ” Some of the criticism surfaces in print. Some bubbles out anecdotally in conversations among researchers, with complaints about the review process being virtually inevitable whenever the topic arises. Like those in other disciplines that differ more or less dramatically from (...)
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  • Applying the Common Rule to Public Health Agencies: Questions and Tentative Answers About a Separate Regulatory Regime.Scott Burris, James Buehler & Zita Lazzarini - 2003 - Journal of Law, Medicine and Ethics 31 (4):638-653.
    No one questions the importance of protecting human subjects of research, but over the past few years dissatisfaction has surfaced with the manner in which the protection is conferred by the federal regulatory system referred to as “The Common Rule. ” Some of the criticism surfaces in print. Some bubbles out anecdotally in conversations among researchers, with complaints about the review process being virtually inevitable whenever the topic arises. Like those in other disciplines that differ more or less dramatically from (...)
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  • Public Health Literacy for Lawyers.Wendy E. Parmet & Anthony Robbins - 2003 - Journal of Law, Medicine and Ethics 31 (4):701-713.
    Public health professionals recognize the critical role the law plays in determining the success of public health measures. Even before September 11, 2001, public health experience with tobacco use, HIV, industrial pollution and other potent threats to the health of the public demonstrated that laws can assist or thwart public health efforts. The new focus on infectious threats and bioterrorism, starting with the anthrax attacks through the mail and continuing with SARS, has highlighted the important role of law.For lawyers to (...)
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  • Public Health Literacy for Lawyers.Wendy E. Parmet & Anthony Robbins - 2003 - Journal of Law, Medicine and Ethics 31 (4):701-713.
    Public health professionals recognize the critical role the law plays in determining the success of public health measures. Even before September 11, 2001, public health experience with tobacco use, HIV, industrial pollution and other potent threats to the health of the public demonstrated that laws can assist or thwart public health efforts. The new focus on infectious threats and bioterrorism, starting with the anthrax attacks through the mail and continuing with SARS, has highlighted the important role of law.For lawyers to (...)
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  • A Framework Convention on Global Health: Social Justice Lite, or a Light on Social Justice?Scott Burris & Evan D. Anderson - 2010 - Journal of Law, Medicine and Ethics 38 (3):580-593.
    With the publication of the final report of the WHO Commission on the Social Determinants of Health, it becomes clear that there is considerable convergence between a policy agenda rooted on social epidemiology and one rooted in a concern for human rights. As commentators like Jonathan Mann have argued, concern for human rights and the achievement of social justice can inform and improve public health. In this article, we ask a different question: what does a health perspective adds to the (...)
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  • A Framework Convention on Global Health: Social Justice Lite, or a Light on Social Justice?Scott Burris & Evan D. Anderson - 2010 - Journal of Law, Medicine and Ethics 38 (3):580-593.
    With the publication of the final report of the WHO Commission on the Social Determinants of Health, it becomes clear that there is considerable convergence between a policy agenda rooted on social epidemiology and one rooted in a concern for human rights. As commentators like Jonathan Mann have argued, concern for human rights and the achievement of social justice can inform and improve public health. In this article, we ask a different question: what does a health perspective adds to the (...)
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  • Health and the Governance of Security: A Tale of Two Systems.Sevgi Aral, Scott Burns & Clifford Shearing - 2002 - Journal of Law, Medicine and Ethics 30 (4):632-643.