150 found
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  1.  98
    Responding to Covid‐19: How to Navigate a Public Health Emergency Legally and Ethically.Lawrence O. Gostin, Eric A. Friedman & Sarah A. Wetter - 2020 - Hastings Center Report 50 (2):8-12.
  2.  86
    Public Health Ethics: Mapping the Terrain.James F. Childress, Ruth R. Faden, Ruth D. Gaare, Lawrence O. Gostin, Jeffrey Kahn, Richard J. Bonnie, Nancy E. Kass, Anna C. Mastroianni, Jonathan D. Moreno & Phillip Nieburg - 2002 - Journal of Law, Medicine and Ethics 30 (2):170-178.
    Public health ethics, like the field of public health it addresses, traditionally has focused more on practice and particular cases than on theory, with the result that some concepts, methods, and boundaries remain largely undefined. This paper attempts to provide a rough conceptual map of the terrain of public health ethics. We begin by briefly defining public health and identifying general features of the field that are particularly relevant for a discussion of public health ethics.Public health is primarily concerned with (...)
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  3.  4
    Introducing Global Health Law.Lawrence O. Gostin & Benjamin Mason Meier - 2019 - Journal of Law, Medicine and Ethics 47 (4):788-793.
  4.  20
    Ethical and Legal Challenges Posed by Severe Acute Respiratory Syndrome.Lawrence O. Gostin, Ronald Bayer & Amy L. Fairchild - forthcoming - Public Health Ethics: Theory, Policy, and Practice.
  5.  46
    Scarcity in the Covid‐19 Pandemic.Mildred Z. Solomon, Matthew Wynia & Lawrence O. Gostin - 2020 - Hastings Center Report 50 (2):3-3.
  6.  85
    The New International Health Regulations: An Historic Development for International Law and Public Health.David P. Fidler & Lawrence O. Gostin - 2006 - Journal of Law, Medicine and Ethics 34 (1):85-94.
    The adoption of the new International Health Regulations in May 2005 represents an historic development for international law and public health. This article describes the IHR revision process and analyzes why the new IHR constitute an advance in global health governance.
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  7.  47
    Global Health Law: A Definition and Grand Challenges.Lawrence O. Gostin & Allyn L. Taylor - 2008 - Public Health Ethics 1 (1):53-63.
    McDonough Hall, Room 508, 600 New Jersey Ave, NW, Washington, DC 20001, USA; Email: gostin{at}law.georgetown.edu ' + u + '@' + d + ' '//--> Abstract As a consequence of rapid globalization, the need for a coherent system of global health law and governance has never been greater. This article explores the health hazards posed by contemporary globalization on human health and the consequent urgent need for global health law to facilitate effective multilateral cooperation in advancing the health of populations (...)
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  8.  7
    Has Global Health Law Risen to Meet the COVID-19 Challenge? Revisiting the International Health Regulations to Prepare for Future Threats.Lawrence O. Gostin, Roojin Habibi & Benjamin Mason Meier - 2020 - Journal of Law, Medicine and Ethics 48 (2):376-381.
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  9.  6
    Health Inequalities.Lawrence O. Gostin & Eric A. Friedman - 2020 - Hastings Center Report 50 (4):6-8.
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  10.  14
    The New International Health Regulations: An Historic Development for International Law and Public Health.David P. Fidler & Lawrence O. Gostin - 2006 - Journal of Law, Medicine and Ethics 34 (1):85-94.
    The World Health Assembly adopted the new International Health Regulations on May 23, 2005. The new IHR represent the culmination of a decade-long revision process and an historic development for international law and public health. The new IHR appear at a moment when public health, security, and democracy have become intertwined, addressed at the highest levels of government. The United Nations Secretary-General Kofi Annan, for example, identified IHR revision as a priority for moving humanity toward “larger freedom.” This article analyzes (...)
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  11.  7
    Facilitating Access to a COVID-19 Vaccine Through Global Health Law.Lawrence O. Gostin, Safura Abdool Karim & Benjamin Mason Meier - 2020 - Journal of Law, Medicine and Ethics 48 (3):622-626.
  12.  20
    Public Health, Ethics, and Human Rights: A Tribute to the Late Jonathan Mann.Lawrence O. Gostin - 2001 - Journal of Law, Medicine and Ethics 29 (2):121-130.
    The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human (...)
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  13.  31
    At Law: The Human Right to Health: A Right to the "Highest Attainable Standard of Health".Lawrence O. Gostin - 2001 - Hastings Center Report 31 (2):29.
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  14.  11
    Bloomberg's Health Legacy: Urban Innovator or Meddling Nanny?Lawrence O. Gostin - 2013 - Hastings Center Report 43 (5):19-25.
  15.  6
    Global Health with Justice: Controlling the Floodgates of the Upstream Determinants of Health Through Evidence-Based Law.John Coggon & Lawrence O. Gostin - 2020 - Public Health Ethics 13 (1):4-9.
    This article introduces a special issue on the legal determinants of health, following the publication of the Lancet–O’Neill Institute of Georgetown University Commission’s report on the subject. We contextualize legal determinants as a significant and vital aspect of the social determinants of health, explain the work of the Lancet–O’Neill Commission and outline where consequent research will usefully be directed. We also introduce the papers that follow in the special issue, which together set out in greater detail the work of the (...)
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  16.  40
    Assessing Mandatory HPV Vaccination: Who Should Call the Shots?Gail Javitt, Deena Berkowitz & Lawrence O. Gostin - 2008 - Journal of Law, Medicine and Ethics 36 (2):384-395.
    In 2007, many legislatures considered, and two enacted, bills mandating HPV vaccination for young girls as a condition of school attendance. Such mandates raise signifcant legal, ethical, and social concerns. This paper argues that mandating HPV vaccination for minor females is premature since long-term safety and efectiveness of the vaccine has not been established, HPV does not pose imminent and signifcant risk of harm to others, a sex specifc mandate raises constitutional concerns, and a mandate will burden fnancially existing government (...)
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  17.  6
    The Lancet–O’Neill Institute/Georgetown University Commission on Global Health and Law: The Power of Law to Advance the Right to Health.Jenny C. Kaldor, Lawrence O. Gostin, John T. Monahan & Katie Gottschalk - 2020 - Public Health Ethics 13 (1):9-15.
    The Lancet–O’Neill Institute/Georgetown University Commission on Global Health and Law published its report on the Legal Determinants of Health in 2019. The term ‘legal determinants of health’ draws attention to the power of law to influence upstream social and economic influences on population health. In this article, we introduce the Commission, including its background and rationale, set out its methodology, summarize its key findings and recommendations and reflect on its impact since publication. We also look to the future, making suggestions (...)
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  18.  22
    The Use of Medical Records in Research: What Do Patients Want?Nancy E. Kass, Marvin R. Natowicz, Sara Chandros Hull, Ruth R. Faden, Laura Plantinga, Lawrence O. Gostin & Julia Slutsman - 2003 - Journal of Law, Medicine and Ethics 31 (3):429-433.
    In the past ten years, there has been growing interest in and concern about protecting the privacy of personal medical information. Insofar as medical records increasingly are stored electronically, and electronic information can be shared easily and widely, there have been legislative efforts as well as scholarly analyses calling for greater privacy protections to ensure that patients can feel safe disclosing personal information to their health-care providers. At the same time, the volume of biomedical research conducted in this country continues (...)
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  19.  14
    Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics.David P. Fidler, Lawrence O. Gostin & Howard Markel - 2007 - Journal of Law, Medicine and Ethics 35 (4):616-628.
    The incident in May-June 2007 involving a U.S. citizen traveling internationally while infected with drug-resistant tuberculosis involved the U.S. federal government's application of its quarantine and isolation powers. The incident and the isolation order raised numerous important issues for public health governance, law, and ethics. This article explores many of these issues by examining how the exercise of quarantine powers provides a powerful lens through which to understand how societies respond to and attempt to govern threats posed by dangerous, contagious (...)
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  20.  12
    The Use of Medical Records in Research: What Do Patients Want?Nancy E. Kass, Marvin R. Natowicz, Sara Chandros Hull, Ruth R. Faden, Laura Plantinga, Lawrence O. Gostin & Julia Slutsman - 2003 - Journal of Law, Medicine and Ethics 31 (3):429-433.
    In the past ten years, there has been growing interest in and concern about protecting the privacy of personal medical information. Insofar as medical records increasingly are stored electronically, and electronic information can be shared easily and widely, there have been legislative efforts as well as scholarly analyses calling for greater privacy protections to ensure that patients can feel safe disclosing personal information to their health-care providers. At the same time, the volume of biomedical research conducted in this country continues (...)
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  21.  33
    Trans Fat Bans and the Human Freedom: A Refutation.Lawrence O. Gostin - 2010 - American Journal of Bioethics 10 (3):33-34.
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  22.  3
    Public Health, Ethics, and Human Rights: A Tribute to the Late Jonathan Mann.Lawrence O. Gostin - 2001 - Journal of Law, Medicine and Ethics 29 (2):121-130.
    The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human (...)
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  23.  8
    Public Health, Ethics, and Human Rights: A Tribute to the Late Jonathan Mann.Lawrence O. Gostin - 2001 - Journal of Law, Medicine and Ethics 29 (1):121-130.
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  24.  8
    Assessing Mandatory HPV Vaccination: Who Should Call the Shots?Gail Javitt, Deena Berkowitz & Lawrence O. Gostin - 2008 - Journal of Law, Medicine and Ethics 36 (2):384-395.
    The human papillomavirus is the most common sexually transmitted infection worldwide. In the United States, more than six million people are infected each year. Although most HPV infections are benign, two strains of HPV cause 70 percent of cervical cancer cases. Two other strains of HPV are associated with 90 percent of genital warts cases.In June 2006, the Food and Drug Administration approved the first vaccine against HPV. Sold as Gardasil, the quadrivalent vaccine is intended to prevent four strains of (...)
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  25.  27
    Drawing a Line Between Killing and Letting Die: The Law, and Law Reform, on Medically Assisted Dying.Lawrence O. Gostin - 1993 - Journal of Law, Medicine and Ethics 21 (1):94-101.
    Reviews the legal position on the distinction drawn between killing and letting die in medically assisted dying.
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  26.  14
    Tackling Obesity and Disease: The Culprit Is Sugar; the Response Is Legal Regulation.Lawrence O. Gostin - 2018 - Hastings Center Report 48 (1):5-7.
    It is staggering to observe the new normal in America: 37.9 percent of adults are obese, and 70.7 percent are either obese or overweight. One out of every five minors is obese. The real tragedy, of course, is the disability, suffering, and early death that devastates families and communities. But all of society pays, with the annual medical cost estimated at $147 billion. The causal pathways are complex, but if we drill down, sugar is a deeply consequential pathway to obesity, (...)
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  27.  16
    Drawing a Line Between Killing and Letting Die: The Law, and Law Reform, on Medically Assisted Dying.Lawrence O. Gostin - 1993 - Journal of Law, Medicine and Ethics 21 (1):94-101.
    Traditional medical ethics and law draw a sharp distinction between allowing a patient to die and helping her die. Withholding or withdrawing life sustaining treatment, such as by abating technological nutrition, hydration or respiration, will cause death as surely as a lethal injection. The former, however, is a constitutional right for a competent or once-competent patient, while the latter poses a risk of serious criminal or civil liability for the physician, even if the patient requests it.
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  28.  7
    Genetic Privacy.Lawrence O. Gostin - 1995 - Journal of Law, Medicine and Ethics 23 (4):320-330.
    Human genomic information is invested with enormous power in a scientifically motivated society. Genomic information has the capacity to produce a great deal of good for society. It can help identify and understand the etiology and pathophysiology of disease. In so doing, medicine and science can expand the ability to prevent and ameliorate human malady through genetic testing, treatment, and reproductive counseling.Genomic information can just as powerfully serve less beneficent ends. Information can be used to discover deeply personal attributes of (...)
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  29.  12
    Pandemic Influenza: Public Health Preparedness for the Next Global Health Emergency.Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (4):565-573.
    The threat posed by avian influenza appears to be rising, yet global and national health programs are preparing only fitfully. A lethal form of avian flu has rooted itself deeply into the poultry flocks of poor Asian countries that will have a hard time eradicating it. Every so often a sick bird infects a human, who usually dies from the encounter, and on rare occasions the virus seems to have spread from one person to another before the chain of infection (...)
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  30.  22
    Pandemic Influenza: Public Health Preparedness for the Next Global Health Emergency.Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (4):565-573.
    The threat posed by avian influenza appears to be rising, yet global and national health programs are preparing only fitfully. A lethal form of avian flu has rooted itself deeply into the poultry flocks of poor Asian countries that will have a hard time eradicating it. Every so often a sick bird infects a human, who usually dies from the encounter, and on rare occasions the virus seems to have spread from one person to another before the chain of infection (...)
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  31.  12
    World Health Organization Reform: Lessons Learned From the Ebola Epidemic.Lawrence O. Gostin - 2015 - Hastings Center Report 45 (2):6-7.
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  32.  20
    Public Health and the Built Environment: Historical, Empirical, and Theoretical Foundations for an Expanded Role.Wendy C. Perdue, Lawrence O. Gostin & Lesley A. Stone - 2003 - Journal of Law, Medicine and Ethics 31 (4):557-566.
    In 2000, the Center for Disease Control and Prevention’s National Center for Environmental Health issued a report that explored some of the ways in which “sprawl” impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report “a ludicrous sham” and argued that the CDC should stick to (...)
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  33.  9
    Public Health and the Built Environment: Historical, Empirical, and Theoretical Foundations for an Expanded Role.Wendy C. Perdue, Lawrence O. Gostin & Lesley A. Stone - 2003 - Journal of Law, Medicine and Ethics 31 (4):557-566.
    In 2000, the Center for Disease Control and Prevention’s National Center for Environmental Health issued a report that explored some of the ways in which “sprawl” impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report “a ludicrous sham” and argued that the CDC should stick to (...)
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  34.  28
    The Dual Epidemics of Tuberculosis and AIDS.Ronald Bayer, Nancy Neveloff Dubler & Lawrence O. Gostin - 1993 - Journal of Law, Medicine and Ethics 21 (3-4):277-278.
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  35.  12
    Health of the People: The Highest Law?Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (3):509-515.
    From my perspective, as a White House official watching the budgetary process, and subsequently as head first of a health care financing agency and then of a public health agency, I was continually amazed to watch as billions of dollars were allocated to financing medical care with little discussion, whereas endless arguments ensued over a few millions for community prevention programs. The sums that were the basis for prolonged, and often futile, budget fights in public health were treated as rounding (...)
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  36.  6
    Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics.David P. Fidler, Lawrence O. Gostin & Howard Markel - 2007 - Journal of Law, Medicine and Ethics 35 (4):616-628.
    Dramatic events involving dangerous microbes often focus attention on isolation and quarantine as policy instruments. The incident in May-June 2007 involving Andrew Speaker and drug-resistant tuberculosis joins other communicable disease crises that have forced contemplation or actual application of quarantine powers. Implementation of quarantine powers, which encompasses authority for both isolation and quarantine actions, is important not only for the handling of a specific event but also because the use of such authority provides a window on broader issues of public (...)
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  37.  7
    Genetic Privacy.Lawrence O. Gostin - 1995 - Journal of Law, Medicine and Ethics 23 (4):320-330.
    Human genomic information is invested with enormous power in a scientifically motivated society. Genomic information has the capacity to produce a great deal of good for society. It can help identify and understand the etiology and pathophysiology of disease. In so doing, medicine and science can expand the ability to prevent and ameliorate human malady through genetic testing, treatment, and reproductive counseling.Genomic information can just as powerfully serve less beneficent ends. Information can be used to discover deeply personal attributes of (...)
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  38.  10
    Other Branches of Science Are Necessary to Form a Lawyer: Teaching Public Health Law in Law School.Richard A. Goodman, Zita Lazzarini, Anthony D. Moulton, Scott Burris, Nanette R. Elster, Paul A. Locke & Lawrence O. Gostin - 2002 - Journal of Law, Medicine and Ethics 30 (2):298-301.
    Over two hundred years ago, Thomas Jefferson suggested the need for a broader legal curriculum. As the twenty-first century begins, the practice of law will increasingly demand interdisciplinary knowledge and collaboration — between those trained in law and a broad range of scientific and technical fields, including engineering, biology, genetics, ethics, and the social sciences. The practice of public health law provides a model for both the substantive integration of law with science, and for the way its practitioners work. In (...)
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  39.  3
    Health of the People: The Highest Law?Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (3):509-515.
    From my perspective, as a White House official watching the budgetary process, and subsequently as head first of a health care financing agency and then of a public health agency, I was continually amazed to watch as billions of dollars were allocated to financing medical care with little discussion, whereas endless arguments ensued over a few millions for community prevention programs. The sums that were the basis for prolonged, and often futile, budget fights in public health were treated as rounding (...)
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  40.  17
    Assessing Laws and Legal Authorities for Obesity Prevention and Control.Lawrence O. Gostin, Jennifer L. Pomeranz, Peter D. Jacobson & Richard N. Gottfried - 2009 - Journal of Law, Medicine and Ethics 37 (s1):28-36.
    Law is an essential tool for public health practice, and the use of a systematic legal framework can assist with preventing chronic diseases and addressing the growing epidemic of obesity.The action options available to government at the federal, state, local, and tribal levels and its partners can help make the population healthier by preventing obesity and decreasing the growing burden of associated chronic diseases such as cardiovascular disease and Type 2 diabetes. The Centers for Disease Control and Prevention uses the (...)
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  41.  11
    Legal Barriers to Implementing Recommendations for Universal, Routine Prenatal HIV Testing.Leslie E. Wolf, Bernard Lo & Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (1):137-147.
    Administraation of antiretroviral therapy to women during pregnancy, labor and delivery, and to infants postnatally can dramatidy reduce mother-to- child HIV transmission. However, pregnant women need to know that they are HIV-infected to take advantage of antiretroviral therapy, and many women do not know their HIV status. One-half of HIV-infected infants in the United States were bornto women who had not been tested for HIV or for whom the time of testing was not known. Although fewer than 400infants are infected (...)
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  42.  9
    Improving Laws and Legal Authorities for Obesity Prevention and Control.Jennifer L. Pomeranz & Lawrence O. Gostin - 2009 - Journal of Law, Medicine and Ethics 37 (s1):62-75.
    This paper is one of four interrelated action papers resulting from the 2008 National Summit on Legal Preparedness for Obesity Prevention and Control. Summit participants engaged in discussions on the current state of the law with respect to obesity, nutrition and food policy, physical activity, and physical education. Participants also identified gaps in the law at all jurisdictional levels and relevant to numerous sectors and disciplines that have a stake in obesity prevention and control.The companion paper, “Assessment of Laws and (...)
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  43.  20
    Legal Barriers to Implementing Recommendations for Universal, Routine Prenatal HIV Testing.Leslie E. Wolf, Bernard Lo & Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (1):137-147.
    Administraation of antiretroviral therapy to women during pregnancy, labor and delivery, and to infants postnatally can dramatidy reduce mother-to- child HIV transmission. However, pregnant women need to know that they are HIV-infected to take advantage of antiretroviral therapy, and many women do not know their HIV status. One-half of HIV-infected infants in the United States were bornto women who had not been tested for HIV or for whom the time of testing was not known. Although fewer than 400infants are infected (...)
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  44.  39
    Health Information: Reconciling Personal Privacy with the Public Good of Human Health. [REVIEW]Lawrence O. Gostin - 2001 - Health Care Analysis 9 (3):321-335.
    The success of the health care system depends on the accuracy, correctness and trustworthiness of the information, and the privacy rights of individuals to control the disclosure of personal information. A national policy on health informational privacy should be guided by ethical principles that respect individual autonomy while recognizing the important collective interests in the use of health information. At present there are no adequate laws or constitutional principles to help guide a rational privacy policy. The laws are scattered and (...)
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  45.  14
    The Influenza Controversy: Should Limits Be Placed on Science?Lawrence O. Gostin - 2012 - Hastings Center Report 42 (3):12-13.
  46.  47
    The National Individual Health Insurance Mandate.Lawrence O. Gostin - 2010 - Hastings Center Report 40 (5):8-9.
    On March 23, 2010, President Obama signed into law the nation's first comprehensive health care reform bill, the Patient Protection and Affordable Care Act. Within weeks, twenty states filed lawsuits challenging the constitutionality of its most politically charged feature—an individual purchase mandate. By 2014, the bill requires most individuals to have health insurance. With certain exceptions (pertaining to income level and religious objections), individuals without qualifying coverage will pay an annual tax penalty. If anything, the tax penalty is too low (...)
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  47.  5
    Flu, Floods, and Fire: Ethical Public Health Preparedness.Alexandra L. Phelan & Lawrence O. Gostin - 2017 - Hastings Center Report 47 (3):46-47.
    Even as public health ethics was developing as a field, major incidents such as 9/11 and the SARS epidemic propelled discourse around public health emergency preparedness and response. Policy and practice shifted to a multidisciplinary approach, recognizing the broad range of potential threats to public health, including biological, physical, radiological, and chemical threats. This propelled the development of surveillance systems to detect incidents, laboratory capacities to rapidly test for potential threats, and therapeutic and social countermeasures to prepare for and respond (...)
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  48.  23
    The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International Law.Lawrence O. Gostin & Robert Archer - 2007 - Journal of Law, Medicine and Ethics 35 (4):526-533.
    In this article, Gostin and Archer explore the varied lenses through which governments are obligated to address humanitarian needs. States’responsibilities to help others derive from domestic law, political commitments, ethical values, national interests, and international law. What is needed, however, is clarity and detailed standards so that States can operationalize this responsibility, making it real for developing countries. Transnational cooperation needs to be more effective and consistent to provide assistance for the world's poorest and least healthy people.
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  49.  15
    At Law: Compulsory Medical Treatment: The Limits of Bodily Integrity.Lawrence O. Gostin - 2003 - Hastings Center Report 33 (5):11.
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  50.  9
    The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International Law.Lawrence O. Gostin & Robert Archer - 2007 - Journal of Law, Medicine and Ethics 35 (4):526-533.
    This article deals with a foreign policy question of extraordinary importance: what responsibilities do States have to provide economic and technical assistance to other States that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. Average life expectancy in Africa is nearly 30 years shorter than (...)
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