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James G. Hodge [81]James G. Hodge Jr [1]
  1.  8
    Legal “Tug-of-Wars” During the COVID-19 Pandemic: Public Health V. Economic Prosperity.James G. Hodge, Sarah Wetter, Emily Carey, Elyse Pendergrass, Claudia M. Reeves & Hanna Reinke - 2020 - Journal of Law, Medicine and Ethics 48 (3):603-607.
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  2.  9
    Emerging Legal Threats to the Public's Health.James G. Hodge, Sarah A. Wetter, Leila Barraza, Madeline Morcelle, Danielle Chronister, Alexandra Hess, Jennifer Piatt & Walter Johnson - 2018 - Journal of Law, Medicine and Ethics 46 (2):547-551.
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  3. Legal Interventions to Counter COVID-19 Denialism.James G. Hodge, Jennifer L. Piatt & Leila Barraza - 2021 - Journal of Law, Medicine and Ethics 49 (4):677-682.
    A series of denialist state laws thwart efficacious public health emergency response efforts despite escalating impacts of the spread of the Delta variant during the COVID-19 pandemic.
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  4.  14
    Practical, Ethical, and Legal Challenges Underlying Crisis Standards of Care.James G. Hodge, Dan Hanfling & Tia P. Powell - 2013 - Journal of Law, Medicine and Ethics 41 (s1):50-55.
    Public health emergencies invariably entail difficult decisions among medical and emergency first responders about how to allocate essential, scarce resources. To the extent that these critical choices can profoundly impact community and individual health outcomes, achieving consistency in how these decisions are executed is valuable. Since the terrorist attacks on September 11, 2001, however, public and private sector allocation plans and decisions have followed uncertain paths. Lacking empirical evidence and national input, various entities and actors have proffered multifarious approaches on (...)
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  5.  56
    The Ethics of Restrictive Licensing for Handguns: Comparing the United States and Canadian Approaches to Handgun Regulation.Jon S. Vernick, James G. Hodge & Daniel W. Webster - 2007 - Journal of Law, Medicine and Ethics 35 (4):668-678.
    The United States and Canada regulate frearms, particularly handguns, quite differently. With only a few state and local exceptions, the U.S. approach emphasizes the ability of most individuals to purchase, possess, and carry handguns. By comparison, Canada has a form of restrictive licensing for handguns that places a premium on community safety. The authors first review the potential individual and community level harms and benefits associated with these differing fre-arm policies. Using this information, they explore the ethical dimensions of the (...)
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  6.  9
    The Ethics of Restrictive Licensing for Handguns: Comparing the United States and Canadian Approaches to Handgun Regulation.Jon S. Vernick, James G. Hodge & Daniel W. Webster - 2007 - Journal of Law, Medicine and Ethics 35 (4):668-678.
    On April 16, 2007, Cho Seung-Hui used two semiautomatic handguns to kill 32 persons and then himself at Virginia Tech University in the largest campus shooting in U.S. history. Mr. Cho purchased his handguns from a pawnshop and a gun store in Virginia, where under state law a background check was conducted to determine whether he had any disqualifying criminal or mental health history. The paperwork for the background check was completed at the gun store, and the check itself was (...)
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  7.  11
    Constitutional Cohesion and Public Health Promotion — Part I.James G. Hodge - 2017 - Journal of Law, Medicine and Ethics 45 (4):688-691.
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  8.  9
    Legal Crises in Public Health.James G. Hodge, Sarah A. Wetter & Erica N. White - 2019 - Journal of Law, Medicine and Ethics 47 (4):778-782.
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  9.  27
    An Enhanced Approach to Distinguishing Public Health Practice and Human Subjects Research.James G. Hodge - 2005 - Journal of Law, Medicine and Ethics 33 (1):125-141.
    What are the Differences between Public Health Practice and Research? This perplexing question constantly arises in the planning and performance of public health activities involving the acquisition and use of identifiable health information. Public health agencies collect and analyze significant identifiable health data from health care providers, insurers, other agencies, or individuals to perform an array of public health activities. These activities include surveillance, epidemiological investigations, and evaluation and monitoring. Few debate that these essential public health activities, often specifically authorized (...)
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  10.  17
    The Legal and Ethical Fiction of "Pure" Confidentiality.James G. Hodge - 2006 - American Journal of Bioethics 6 (2):21 – 22.
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  11.  3
    Public Health “Preemption Plus”.James G. Hodge, Alicia Corbett, Kim Weidenaar & Sarah A. Wetter - 2017 - Journal of Law, Medicine and Ethics 45 (1):156-160.
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  12.  14
    Assessing Competencies for Public Health Emergency Legal Preparedness.James G. Hodge, Kristine M. Gebbie, Chris Hoke, Martin Fenstersheib, Sharona Hoffman & Myles Lynk - 2008 - Journal of Law, Medicine and Ethics 36 (s1):28-35.
    Among the many components of legal preparedness for public health emergencies is the assurance that the public health workforce and its private sector partners are competent to use the law to facilitate the performance of essential public health services and functions. This is a significant challenge. Multiple categories of emergencies, stemming from natural disasters to emerging infectious diseases, confront public health practitioners. Interpreting, assessing, and applying legal principles during emergencies are complicated by the changing legal environment and differences in governmental (...)
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  13.  1
    Nationalizing Public Health Emergency Legal Responses.James G. Hodge - 2021 - Journal of Law, Medicine and Ethics 49 (2):315-320.
    The fight for public health primacy in U.S. emergency preparedness and response to COVID-19 centers on which level of government — federal or state — should “call the shots” to quell national emergencies?
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  14.  8
    Assessing Competencies for Public Health Emergency Legal Preparedness.James G. Hodge, Kristine M. Gebbie, Chris Hoke, Martin Fenstersheib, Sharona Hoffman & Myles Lynk - 2008 - Journal of Law, Medicine and Ethics 36 (s1):28-35.
    Among the many components of legal preparedness for public health emergencies is the assurance that the public health workforce and its private sector partners are competent to use the law to facilitate the performance of essential public health services and functions. This is a significant challenge. Multiple categories of emergencies, stemming from natural disasters to emerging infectious diseases, confront public health practitioners. Interpreting, assessing, and applying legal principles during emergencies are complicated by the changing legal environment and differences in governmental (...)
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  15.  4
    Revisiting the Renaissance in Public Health Law.James G. Hodge - 2018 - Journal of Law, Medicine and Ethics 46 (4):1031-1033.
  16.  3
    Constitutional Cohesion and Public Health Promotion, Part III: Ghost Righting.James G. Hodge, Jennifer Piatt & Walter G. Johnson - 2018 - Journal of Law, Medicine and Ethics 46 (3):802-805.
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  17.  7
    Health Information Privacy and Public Health.James G. Hodge - 2003 - Journal of Law, Medicine and Ethics 31 (4):663-671.
    Protecting the privacy of individually-identifiable health data and promoting the public’s health often seem at odds. Privacy advocates consistently seek to limit the acquisition, use, and disclosure of identifiable health information in governmental and private sector settings. Their concerns relate to misuses or wrongful disclosures of sensitive health data that can lead to discrimination and stigmatization against individuals. Public health practitioners, on the other hand, seek regular, ongoing access to and use of identifiable health information to accomplish important public health (...)
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  18.  10
    Health Information Privacy and Public Health.James G. Hodge - 2003 - Journal of Law, Medicine and Ethics 31 (4):663-671.
    Protecting the privacy of individually-identifiable health data and promoting the public’s health often seem at odds. Privacy advocates consistently seek to limit the acquisition, use, and disclosure of identifiable health information in governmental and private sector settings. Their concerns relate to misuses or wrongful disclosures of sensitive health data that can lead to discrimination and stigmatization against individuals. Public health practitioners, on the other hand, seek regular, ongoing access to and use of identifiable health information to accomplish important public health (...)
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  19.  3
    Regressive Federalism, Rights Reversals, and the Public’s Health.James G. Hodge, Jennifer L. Piatt, Leila Barraza & Erica N. White - 2022 - Journal of Law, Medicine and Ethics 50 (2):375-379.
    As the United States emerges from the worst public health threat it has ever experienced, the Supreme Court is poised to reconsider constitutional principles from bygone eras. Judicial proposals to roll back rights under a federalism infrastructure grounded in states’ interests threaten the nation’s legal fabric at a precarious time. This column explores judicial shifts in 3 key public health contexts — reproductive rights, vaccinations, and national security — and their repercussions.
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  20.  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 (...)
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  21.  12
    Global Emergency Legal Responses to the 2014 Ebola Outbreak: Public Health and the Law.James G. Hodge, Leila Barraza, Gregory Measer & Asha Agrawal - 2014 - Journal of Law, Medicine and Ethics 42 (4):595-601.
    From their relative obscurity over the past three decades, varied strains of Ebola disease have emerged as a substantial global biothreat. The current outbreak of Ebola, beginning in March 2014 in Guinea, is projected to infect tens of thousands of people before being brought under control. Some estimate the outbreak could exceed 100,000 cases and extend another 12-18 months. Ebola’s spread has the potential to extend across the globe, but is concentrated in several African countries. Collectively, these countries are home (...)
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  22.  10
    Global Emergency Legal Responses to the 2014 Ebola Outbreak: Public Health and the Law.James G. Hodge, Leila Barraza, Gregory Measer & Asha Agrawal - 2014 - Journal of Law, Medicine and Ethics 42 (4):595-601.
    From their relative obscurity over the past three decades, varied strains of Ebola disease have emerged as a substantial global biothreat. The current outbreak of Ebola, beginning in March 2014 in Guinea, is projected to infect tens of thousands of people before being brought under control. Some estimate the outbreak could exceed 100,000 cases and extend another 12-18 months. Ebola’s spread has the potential to extend across the globe, but is concentrated in several African countries. Collectively, these countries are home (...)
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  23.  2
    An Enhanced Approach to Distinguishing Public Health Practice and Human Subjects Research.James G. Hodge - 2005 - Journal of Law, Medicine and Ethics 33 (1):125-141.
    What are the Differences between Public Health Practice and Research? This perplexing question constantly arises in the planning and performance of public health activities involving the acquisition and use of identifiable health information. Public health agencies collect and analyze significant identifiable health data from health care providers, insurers, other agencies, or individuals to perform an array of public health activities. These activities include surveillance, epidemiological investigations, and evaluation and monitoring. Few debate that these essential public health activities, often specifically authorized (...)
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  24.  9
    Challenging Themes in American Health Information Privacy and the Public’s Health: Historical and Modern Assessments.James G. Hodge & Kieran G. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (4):670-679.
    Protecting the privacy of individually-identifiable health data is a dominant health policy objective in the new millennium. Technological, economic, and health-related reasons substantiate the development of a national electronic health information infrastructure. Through this emerging infrastructure, billions of pieces of health data of varying sensitivities are exchanged annually to provide health care services and service transactions, conduct health research, and promote the public’s health. These multi-purpose, rapid exchanges of electronic health data, far removed from the typical disclosure of health information (...)
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  25.  11
    How States Are Using the Turning Point Model State Public Health Act.M. Jane Brady, Keith Kutler & James G. Hodge - 2004 - Journal of Law, Medicine and Ethics 32 (s4):97-99.
  26.  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 (...)
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  27.  11
    Challenging Themes in American Health Information Privacy and the Public’s Health: Historical and Modern Assessments.James G. Hodge & Kieran G. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (4):670-679.
    Protecting the privacy of individually-identifiable health data is a dominant health policy objective in the new millennium. Technological, economic, and health-related reasons substantiate the development of a national electronic health information infrastructure. Through this emerging infrastructure, billions of pieces of health data of varying sensitivities are exchanged annually to provide health care services and service transactions, conduct health research, and promote the public’s health. These multi-purpose, rapid exchanges of electronic health data, far removed from the typical disclosure of health information (...)
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  28.  48
    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.
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  29.  20
    Active Shooters in Health Care Settings: Prevention and Response Through Law and Policy: Public Health and the Law.James G. Hodge & Kellie Nelson - 2014 - Journal of Law, Medicine and Ethics 42 (2):268-271.
    In September 2010 at the Johns Hopkins Hospital, one of the nation's elite academic hospitals located in East Baltimore, Maryland, Paul Warren Pardus entered the facility to visit his mother, a patient. During a discussion with her doctor in a hospital hallway, Pardus became “overwhelmed” about the care and condition of his mother, pulled a handgun from his waistband, and shot the doctor in the chest. Pardus then locked himself and his mother in her room, shot and killed her, and (...)
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  30. Public Health and the Law.James G. Hodge - 2012 - Journal of Law, Medicine and Ethics 40 (4):1034-1039.
    Major advances, ground-breaking scholarship, and new programs in public health law over the past several decades have helped define and reform the field. The extent to which public health law is established as a distinct topic for graduate academic study, however, is uncertain. In the early 1990s, the numbers of academics whose work focused largely on public health law were few. Only a handful of schools of law, public health, and medicine regularly offered core courses in public health law. Collectively, (...)
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  31. Reviews: Reconsidering Law and Policy Debates: A Public Health Perspective. [REVIEW]James G. Hodge - 2011 - Journal of Law, Medicine and Ethics 39 (4):704-706.
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  32.  10
    Legal and Policy Interventions to Address Social Isolation.James G. Hodge, Erica N. White & Claudia M. Reeves - 2020 - Journal of Law, Medicine and Ethics 48 (2):360-364.
  33.  4
    How States Are Using the Turning Point Model State Public Health Act.M. Jane Brady, Keith Kutler & James G. Hodge - 2004 - Journal of Law, Medicine and Ethics 32 (S4):97-99.
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  34.  9
    Revisiting Legal Foundations of Crisis Standards of Care.James G. Hodge - 2020 - Journal of Law, Medicine and Ethics 48 (1):221-224.
  35.  16
    Emerging Legal Responses to Curb the Opioid Epidemic.James G. Hodge, Sarah A. Wetter & Sarah A. Noe - 2017 - Journal of Law, Medicine and Ethics 45 (3):460-463.
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  36.  5
    Bioterrorism Law and Policy: Critical Choices in Public Health.James G. Hodge - 2002 - Journal of Law, Medicine and Ethics 30 (2):254-261.
    There is perhaps no duty more fundamental to American government than the protection of the public's health, safety, and welfare. On September 11, 2001, this governmental duty was severely tested through a series of terrorist acts. The destruction of the World Trade Towers in New York City and a portion of the Pentagon in Washington, D.C., presented many Americans with a new, visible reality of the potential harms that terrorists can cause. The staggering loss of lives damaged the national psyche (...)
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  37.  10
    Innovative Law and Policy Responses to the Opioid Crisis.James G. Hodge, Chelsea L. Gulinson, Leila Barraza, Haley R. Augur, Michelle Castagne, Ashley Cheff, Drew Hensley, Madeline Sobek & Adina Weisberg - 2019 - Journal of Law, Medicine and Ethics 47 (1):173-176.
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  38.  25
    Public Health and the Law.James G. Hodge - 2012 - Journal of Law, Medicine and Ethics 40 (4):1034-1039.
    Major advances, ground-breaking scholarship, and new programs in public health law over the past several decades have helped define and reform the field. The extent to which public health law is established as a distinct topic for graduate academic study, however, is uncertain. In the early 1990s, the numbers of academics whose work focused largely on public health law were few. Only a handful of schools of law, public health, and medicine regularly offered core courses in public health law. Collectively, (...)
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  39.  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 (...)
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  40.  13
    Driving Under the Influence of Marijuana Laws and the Public's Health.David Turnbull & James G. Hodge - 2017 - Journal of Law, Medicine and Ethics 45 (2):280-283.
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  41.  17
    Global Health Law, Ethics, and Policy.Lawrence O. Gostin & James G. Hodge - 2007 - Journal of Law, Medicine and Ethics 35 (4):519-525.
  42.  4
    Post-COVID U.S. Legal Reforms Promoting Public Health and Equity.James G. Hodge, Sarah Wetter, Jennifer L. Piatt & Hanna Reinke - 2020 - Journal of Law, Medicine and Ethics 48 (4):784-788.
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  43.  15
    Domestic Legal Preparedness and Response to Ebola.James G. Hodge, Matthew S. Penn, Montrece Ransom & Jane E. Jordan - 2015 - Journal of Law, Medicine and Ethics 43 (S1):15-18.
    While the global threat of Ebola Virus Disease in 2014 was concentrated in several West African countries, its effects have been felt in many developed countries including the United States. Initial, select patients with EVD, largely among American health care workers volunteering in affected regions, were subsequently transported back to the states for isolation and treatment in high-level medical facilities. This included Emory University Hospital, which sits adjacent to the federal Centers for Disease Control and Prevention in Atlanta, Georgia.The first (...)
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  44.  14
    Improving Competencies for Public Health Emergency Legal Preparedness.Kristine M. Gebbie, James G. Hodge, Benjamin Mason Meier, Drue H. Barrett, Priscilla Keith, Denise Koo, Patricia M. Sweeney & Patricia Winget - 2008 - Journal of Law, Medicine and Ethics 36 (s1):52-56.
    This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention, and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; and coordination of law-based public health actions; and information.This action agenda offers options for consideration by those responsible for (...)
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  45.  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 (...)
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  46.  12
    Preemption and the Obesity Epidemic: State and Local Menu Labeling Laws and the Nutrition Labeling and Education Act.Lainie Rutkow, Jon S. Vernick, James G. Hodge & Stephen P. Teret - 2008 - Journal of Law, Medicine and Ethics 36 (4):772-789.
    Worldwide, obesity has become a major cause of preventable death, disease, and disability. While the epidemic of obesity is a significant public health issue in many developed nations, the United States has the highest prevalence of obesity among adults and children internationally. The National Health and Nutrition Examination Survey estimates that over 60 percent of U.S. adults are overweight or obese. According to the Centers for Disease Control and Prevention, “overweight” refers to adults whose body mass index, a number calculated (...)
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  47.  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 (...)
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  48.  13
    The HIPAA Privacy Rule: Reviewing the Post-Compliance Impact on Public Health Practice and Research.Lora Kutkat, James G. Hodge, Thomas Jeffry & Diana M. Bontá - 2003 - Journal of Law, Medicine and Ethics 31 (S4):70-72.
    Current economic conditions have coincided with the implementation of the Health Insurance Portability and Accountability Act and forced public health officials to consider how to ethically incorporate compliance into their already strained budgets, while maintaining the integrity and intent of the legislation.As of April 14, 2003, the HIPAA Privacy Rule provides a new federal floor of protections for personal health information. The Privacy Rule establishes standards for the protection of health information held by many physicians’ offices, health plans, and health (...)
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  49.  6
    Major Health Law and Policy Positions Among 2020 Democratic Presidential Candidates.James G. Hodge, Leila Barraza, Michelle Castagne, Hannah-Kaye Fleming & Erica N. White - 2019 - Journal of Law, Medicine and Ethics 47 (3):459-464.
  50.  10
    Homelessness and the Public's Health: Legal Responses.James G. Hodge, Barbara DiPietro & Amy E. Horton-Newell - 2017 - Journal of Law, Medicine and Ethics 45 (s1):28-32.
    This commentary addresses public health issues underlying homelessness and related law, policy, and advocacy options. After framing public health issues for affected individuals and the community, legal and policy approaches and related barriers are assessed. Major topics include deficits in housing availability, the role of state-based Medicaid programs, criminalization of homelessness, and the use of emergency declarations seeking to address particular issues related to homelessness in select states and localities.
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