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Public Health as Administrative Law

Public Health as Administrative Law. Edward P. Richards, JD, MPH Program in Law, Science and Public Health LSU School of Law http://biotech.law.lsu.edu. Medical and Public Health Law Site. Public Health Law Resources for Law School Teachers Part of the Public Law Publishing Project

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Public Health as Administrative Law

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  1. Public Health as Administrative Law Edward P. Richards, JD, MPHProgram in Law, Science and Public HealthLSU School of Law http://biotech.law.lsu.edu

  2. Medical and Public Health Law Site • Public Health Law Resources for Law School Teachers • Part of the Public Law Publishing Project • http://biotech.law.lsu.edu • (Just Google Public Health Law) • Online Courses

  3. How Did I Get Here? • Ecology/Behavioral Science/Basic Science • Public Health before AIDS • MPH in disease control • Helped draft the first HIV reporting laws • Articulated the legal basis for traditional disease control for HIV • Not very popular • Even New York finally wised up

  4. Misunderstanding Public Health • Quotes from Today • "Public health law is bringing human good and health to as many persons as possible" • "Public health is social justice" • This views captured public health in the 1970s and were later fueled by AIDS • The result has been catastrophic • HIV in minority communities • Failure of emergency preparedness - Katrina

  5. Misunderstanding Public Health Law • Not • Civil liberties law • Discrimination law • Not poverty law • Not tort law • Not even health care administration law

  6. Public Health as Administrative Law • Administrative law in the broad notion of federal, state, and local agencies • Public health was one of administrative functions of the colonies, which was carried over to the states • The colonies were fever-ridden swamps • Yellow fever killed 10% of Philadelphia in one summer • Strong original intent basis for public health law

  7. Why Does Seeing Public Health Law as Administrative Law Matter? • If you do not understand how government works, you cannot be an effective public health lawyers • If you see public as a mishmash of everything that is warm and friendly, you have not a workable model for policy in a world of limited resources and dangerous threats • People die as we chase our angels around the pin head

  8. What Should a Public Health Curriculum Look Like? • Administrative law, with public health examples • St Marks Baths as agency deference • Food inspection as administrative searches • Reynolds as due process and habeas corpus • Lots of others, stay tuned.:-) • State and local government law and legislation • FDA and IP law

  9. What Should be in Public Health Law Course? • Administrative law must be a prerequisite • Background material • Basic epidemiology • Basic notions of scientific proof

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