Preface

Abstract

Extract Public Health Law in Practice provides public health practitioners, students, advocates, and the public with a comprehensive textbook on public health law. It is the first textbook that presents the principles of public health law in a narrative format intended for a public health audience combined with actual case law, which elucidates legal principles and doctrines and is the basis for legal education and practice. In many ways, the study of public health law in the United States is a study of U.S. constitutional law. Section I sets forth the U.S. government’s authorities and limitations on those authorities. Chapters 2, 3, and 4 delve into the Constitution’s grant of authorities and limitations on the government’s ability to act to protect public health. These form the basis of all of public health law and practice. Section II describes public health agencies and their responsibilities. This section often uses the New York City Department of Health and Mental Hygiene as an example. New York City’s Department of Health and Mental Hygiene is one of the largest and oldest public health agencies in the world. It has often been a leader in advancing innovative policies that are adopted across the country. Because of this, the Department of Health and Mental Hygiene is frequently sued by industries and individuals subject to the Department’s rules. The Department has the resources to defend these lawsuits, so they are able to take bold action. The Department’s actions and the case law that resolved lawsuits against it provide valuable lessons for the practice of public health nationally and internationally.