10 found
Order:
  1.  35
    Major Trends in Public Health Law and Practice: A Network National Report.James G. Hodge, Leila Barraza, Jennifer Bernstein, Courtney Chu, Veda Collmer, Corey Davis, Megan M. Griest, Monica S. Hammer, Jill Krueger, Kerri McGowan Lowrey & Daniel G. Orenstein - 2013 - Journal of Law, Medicine and Ethics 41 (3):737-745.
    Since its inception in September 2010, the Network for Public Health Law has responded to hundreds of public health legal technical assistance claims from around the country. Based on a review of these data, a series of major trends in public health practice and the law are analyzed, including issues concerning: the Affordable Care Act, tobacco control, emergency legal preparedness, health information privacy, food policy, vaccination, drug overdose prevention, sports injury law, public health accreditation, and maternal breastfeeding. These and other (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  2.  9
    When Law is Not Law: Setting Aside Legal Provisions During Declared Emergencies.Daniel G. Orenstein - 2013 - Journal of Law, Medicine and Ethics 41 (s1):73-76.
    During an emergency, laws serve crucial functions, including clarifying responsibilities, authorizing critical interventions, and protecting vulnerable populations. However, provisions of existing laws designed for normal, non-emergency circumstances may sometimes hinder emergency response efforts, thereby potentially endangering the public's health rather than protecting it. Pursuant to declared states of emergency, disaster, or public health emergency, however, the legal landscape changes in several important ways. Interventions not legally permissible under non-emergency circumstances become available. One key example is authority to temporarily waive legal (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  3.  7
    Major Trends in Public Health Law and Practice: A Network National Report.James G. Hodge, Leila Barraza, Jennifer Bernstein, Courtney Chu, Veda Collmer, Corey Davis, Megan M. Griest, Monica S. Hammer, Jill Krueger, Kerri McGowan Lowrey & Daniel G. Orenstein - 2013 - Journal of Law, Medicine and Ethics 41 (3):737-745.
    Public health law research reveals significant complexities underlying the use of law as an effective tool to improve health outcomes across populations. The challenges of applying public health law in practice are no easier. Attorneys, public health officials, and diverse partners in the public and private sectors collaborate on the front lines to forge pathways to advance population health through law. Meeting this objective amidst competing interests requires strong practice skills to shift through sensitive and sometimes urgent calls for action (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  4.  14
    Congress, Courts, and Commerce: Upholding the Individual Mandate to Protect the Public's Health.James G. Hodge, Erin C. Fuse Brown, Daniel G. Orenstein & Sarah O'Keefe - 2011 - Journal of Law, Medicine and Ethics 39 (3):394-400.
    Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's “individual mandate” (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial “inactivity.” Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  5.  18
    Congress, Courts, and Commerce: Upholding the Individual Mandate to Protect the Public's Health.James G. Hodge, Erin C. Fuse Brown, Daniel G. Orenstein & Sarah O'Keefe - 2011 - Journal of Law, Medicine and Ethics 39 (3):394-400.
    Despite historic efforts to enact the Patient Protection and Affordable Care Act in 2010, national health reform is threatened by multiple legal challenges grounded in constitutional law. Premier among these claims is the premise that PPACA’s “individual mandate” is constitutionally infirm. Attorneys General in Virginia and Florida allege that Congress’ interstate commerce powers do not authorize federal imposition of the individual mandate because Congress lacks the power to regulate commercial “inactivity.” Stated simply, Congress cannot regulate individuals who choose not to (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  6.  19
    Legal Responses to Communal Rejection in Emergencies.James G. Hodge, Daniel G. Orenstein, Kim Weidenaar, Nick Meza, Laura Van Buren, Nick Wearne & Kristin Penunuri - 2013 - Journal of Law, Medicine and Ethics 41 (2):529-534.
    Major disasters and public health emergencies constantly test the nation's resolve to rally and recover from tragedy. Public health crises stemming from prolonged threats like the 2009/2010 H1N1 influenza pandemic require sustained preparedness and response over many months. Even shorter-duration events, like tornados, earthquakes, or hurricanes, leave lasting impacts for which full recovery may take years. Telling examples include the displacement of thousands of persons across the Gulf Coast states following Hurricane Katrina in 2005 and difficulties obtaining basic housing and (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  7.  13
    Legal Responses to Communal Rejection in Emergencies.James G. Hodge, Daniel G. Orenstein, Kim Weidenaar, Nick Meza, Laura Van Buren, Nick Wearne & Kristin Penunuri - 2013 - Journal of Law, Medicine and Ethics 41 (2):529-534.
    Major disasters and public health emergencies constantly test the nation's resolve to rally and recover from tragedy. Public health crises stemming from prolonged threats like the 2009/2010 H1N1 influenza pandemic require sustained preparedness and response over many months. Even shorter-duration events, like tornados, earthquakes, or hurricanes, leave lasting impacts for which full recovery may take years. Telling examples include the displacement of thousands of persons across the Gulf Coast states following Hurricane Katrina in 2005 and difficulties obtaining basic housing and (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  8.  47
    Reconsidering the Legality of Cigarette Smoking Advertisements on Television Public Health and the Law.James G. Hodge, Veda Collmer, Daniel G. Orenstein, Chase Millea & Laura Van Buren - 2013 - Journal of Law, Medicine and Ethics 41 (1):369-373.
    Television advertisements depicting the use of electronic cigarettes have recently exposed minors to images of smoking behaviors. While these advertisements are currently legal, existing laws should be interpreted or expanded to ban the commercial depiction of smoking behaviors with any product that resembles a cigarette to shield minors from potentially influential advertising.
    Direct download (7 more)  
     
    Export citation  
     
    Bookmark  
  9.  7
    Reconsidering the Legality of Cigarette Smoking Advertisements on Television Public Health and the Law.James G. Hodge, Veda Collmer, Daniel G. Orenstein, Chase Millea & Laura Van Buren - 2013 - Journal of Law, Medicine and Ethics 41 (1):369-373.
    Amid the action of the 2013 Super Bowl aired the usual array of high-priced advertisements. Most ads were original. Some were unusual. One regional ad, however, seemed distantly familiar. The 30-second commercial promoted the NJOY King electronic cigarette1 to at least 10 million viewers in several major markets. It featured an attractive male model taking a drag from what looks like a cigarette. He then slowly blows smoke to the tune of Foreigner’s “Feels Like the First Time.” Of course, the (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  10.  14
    From Beginning to End: The Importance of Evidence-Based Policymaking in Vaccination Mandates.Daniel G. Orenstein & Y. Tony Yang - 2015 - Journal of Law, Medicine and Ethics 43 (S1):99-102.
    Used appropriately, reliance on science distinguishes public health from policymaking driven more by theory and opinion and enhances trust in public health interventions. Evidence-based vaccine policymaking aims to control communicable disease by urging decision makers to base policies on the best available evidence rather than politics or personal views. The results of this approach, such as smallpox eradication, have been dramatic. Historically, mandatory childhood vaccination has been perhaps the most successful evidence-based tool in combating many epidemics. Philosophically, vaccination mandates correspond (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark