114 found
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  1. 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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  2. 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.
    Few novel or emerging infectious diseases have posed such vital ethical challenges so quickly and dramatically as the novel coronavirus SARS‐CoV‐2. The World Health Organization declared a public health emergency of international concern and recently classified Covid‐19 as a worldwide pandemic. As of this writing, the epidemic has not yet peaked in the United States, but community transmission is widespread. President Trump declared a national emergency as fifty governors declared state emergencies. In the coming weeks, hospitals will become overrun, stretched (...)
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  3.  1
    Global Health Law: Reflections on the Past, Present, and Future of the Field.Lawrence O. Gostin - forthcoming - Journal of Law, Medicine and Ethics:1-5.
    In the decade since the first edition of Global Health Law was published, the world has moved incrementally towards global health with justice, at least by one basic metric: life expectancy has edged up globally, with more rapid gains in low- than high-income countries. But to look around the world, global health with justice still seems a distant dream. Health gaps between people in rich and poor countries remain shocking and unconscionable—as do health inequities within countries. The pandemic also gave (...)
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  4.  48
    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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  5.  27
    Introducing Global Health Law.Lawrence O. Gostin & Benjamin Mason Meier - 2019 - Journal of Law, Medicine and Ethics 47 (4):788-793.
  6.  59
    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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  7.  37
    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.
  8. 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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  9.  40
    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.
  10. 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.  31
    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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  12.  26
    A Global Health Law Trilogy: Transformational Reforms to Strengthen Pandemic Prevention, Preparedness, and Response.Benjamin Mason Meier, Roojin Habibi & Lawrence O. Gostin - 2022 - Journal of Law, Medicine and Ethics 50 (3):625-627.
    This is a pivotal moment in the global governance response to pandemic threats, with crucial global health law reforms being undertaken simultaneously in the coming years: the revision of the International Health Regulations, the implementation of the GHSA Legal Preparedness Action Package, and the negotiation of a new Pandemic Treaty. Rather than looking at these reforms in isolation, it will be necessary to examine how they fit together, considering: how these reforms can complement each other to support pandemic prevention, preparedness, (...)
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  13.  24
    Risk Trade‐Offs and Equitable Decision‐Making in the Covid‐19 Pandemic.Lawrence O. Gostin & Sarah Wetter - 2022 - Hastings Center Report 52 (1):15-20.
    Hastings Center Report, Volume 52, Issue 1, Page 15-20, January/February 2022.
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  14.  39
    Health Inequalities.Lawrence O. Gostin & Eric A. Friedman - 2020 - Hastings Center Report 50 (4):6-8.
    Health inequalities are embedded in a complex array of social, political, and economic inequalities. Responding to health inequalities will require systematic action targeting all the underlying (“upstream”) social determinants that powerfully affect health and well‐being. Systemic inequalities are a major reason for the rise of modern populism that has deeply divided polities and infected politics, perhaps nowhere more so than in the United States. Concerted action to mitigate shocking levels of inequality could be a powerful antidote to nationalist populism. A (...)
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  15.  52
    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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  16.  32
    The World Health Organization in Global Health Law.Benjamin Mason Meier, Allyn Taylor, Mark Eccleston-Turner, Roojin Habibi, Sharifah Sekalala & Lawrence O. Gostin - 2020 - Journal of Law, Medicine and Ethics 48 (4):796-799.
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  17.  63
    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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  18.  40
    Bloomberg's Health Legacy: Urban Innovator or Meddling Nanny?Lawrence O. Gostin - 2013 - Hastings Center Report 43 (5):19-25.
    Michael Bloomberg assumed office as the 108th mayor of New York City on January 1, 2002. As he leaves the mayoralty—having won re—election twice‐his public health legacy is bitterly contested. The public health community views him as an urban innovator—a rare political and business leader willing to fight for a built environment conducive to healthier, safer lifestyles. To his detractors, Bloomberg epitomizes a meddling nanny—an elitist dictating to largely poor and working—class people about how they ought to lead their lives. (...)
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  19.  69
    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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  20.  63
    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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  21.  86
    Scarcity in the Covid‐19 Pandemic.Mildred Z. Solomon, Matthew Wynia & Lawrence O. Gostin - 2020 - Hastings Center Report 50 (2):3-3.
    As we write, U.S. cities and states with extensive community transmission of Covid‐19 are in harm's way—not only because of the disease itself but also because of prior and current failures to act. During the 2009 influenza pandemic, public health agencies and hospitals developed but never adequately implemented preparedness plans. Focused on efficiency in a competitive market, health systems had few incentives to maintain stockpiles of essential medical equipment. Just‐in‐time economic models resulted in storage of only those supplies needed then. (...)
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  22.  97
    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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  23.  46
    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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  24.  64
    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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  25.  90
    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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  26.  57
    Public Health Law: A Renaissance.Lawrence O. Gostin - 2002 - Journal of Law, Medicine and Ethics 30 (2):136-140.
    This symposium issue of the Journal of Law, Medicine & Ethics is about public health law, not health-care law. There is a difference. Most scholarly writing has examined the rich and textured field of health-care law or law and medicine. This field revolves around several broad themes related to the health-care system: delivery, financing, and research and innovation.In studying health-care delivery, scholars have examined everything from the physician/patient relationship to systems of care. In studying financing, scholars have examined theories of (...)
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  27.  54
    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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  28.  89
    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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  29.  76
    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.  32
    World Health Organization Reform: Lessons Learned from the Ebola Epidemic.Lawrence O. Gostin - 2015 - Hastings Center Report 45 (2):6-7.
    It was October 2014, and Ebola was raging out of control in Guinea, Liberia, and Sierra Leone. Margaret Chan, the World Health Organization's director‐general, defended the organization against charges that its response was late and ineffective: “We are a technical agency, with governments having first priority to take care of their people.” In January 2015, the WHO executive board undertook a systematic reform of the agency's performance, and Chan again offered a defense: I followed protocol, leaving it to the Africa (...)
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  31.  55
    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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  32. Introduction: ethical theory and public health.Ronald Bayer, Lawrence O. Gostin, Bruce Jennings & Bonnie Steinbock - forthcoming - Public Health Ethics: Theory, Policy, and Practice.
  33.  66
    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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  34.  60
    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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  35.  36
    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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  36.  43
    The Influenza Controversy: Should Limits Be Placed on Science?Lawrence O. Gostin - 2012 - Hastings Center Report 42 (3):12-13.
    Should government have the power to place limits on a scientific pursuit that holds the potential for both good and harm—on what is called “dual‐use research”? That is the highly charged question surrounding research to genetically modify influenza A (H5N1) to render it more easily transmissible from human to human. There is seldom a “right” answer to dual‐use research, but a fair, inclusive, and transparent process—building on the NSABB model—should improve decision‐making. A local institutional panel should evaluate dual‐use research based (...)
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  37.  61
    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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  38.  65
    Beyond Moral Claims: A Human Rights Approach in Mental Health.Lawrence O. Gostin - 2001 - Cambridge Quarterly of Healthcare Ethics 10 (3):264-274.
    Human rights law is a powerful, but often neglected, tool in advancing the rights and freedoms of persons with mental disabilities. International law may seem marginal or unimportant in developed countries with democratic and constitutional systems of their own. Yet, even democracies often resist reform of mental health law and policy, and domestic courts do not always compel changes necessary for the rights and welfare of persons with mental disabilities. Additionally, human rights are obviously important for countries without democratic and (...)
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  39.  37
    Postscript: COVID-19 and the Legal Determinants of Health.John Coggon & Lawrence O. Gostin - 2020 - Public Health Ethics 13 (1):48-49.
    This is a short postscript to the Public Health Ethics special issue on the legal determinants of health. We reflect briefly on emerging responses to COVID-19, and raise important questions of ethics and law that must be addressed; including through the lens of legal determinants, and with critical attention to what it means to protect health with justice.
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  40.  77
    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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  41.  80
    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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  42.  88
    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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  43.  39
    At Law: Compulsory Medical Treatment: The Limits of Bodily Integrity.Lawrence O. Gostin - 2003 - Hastings Center Report 33 (5):11.
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  44.  44
    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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  45.  89
    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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  46.  15
    Teaching Global Health Law: Preparing the Next Generation for Future Challenges.Lawrence O. Gostin, Sarah L. Bosha & Benjamin Mason Meier - 2024 - Journal of Law, Medicine and Ethics 52 (1):191-195.
    Following from sweeping law reforms across the global health landscape, there is a need to prepare the next generation to advance global health law to ensure justice for a healthier world. Educational programs across disciplines have increasingly incorporated the field of global health law, with new courses examining the law and policy frameworks that apply to the new set of public health threats, non-state actors, and regulatory instruments that structure global health. Such interdisciplinary training must be expanded throughout the world (...)
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  47.  92
    Commentary.Lawrence O. Gostin - 2003 - Journal of Law, Medicine and Ethics 31 (4):524-528.
    A single defining question perennially intrigues scholars and practitioners interested in public heath: To what extent should human rights be limited to protect the community’s health and safety? The question achieved prominence in the aftermath of the attacks on the World Trade Center and Pentagon on September 11, 2001 and with the intentional dispersal of anthrax spores through the U.S. Postal Systein. The conflict between security and public health intensified with the development of the Model State Emergency Health Powers Act, (...)
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  48.  85
    A Vision of Health and Human Rights for the 21st Century: A Continuing Discussion with Stephen P. Marks.Lawrence O. Gostin - 2001 - Journal of Law, Medicine and Ethics 29 (2):139-140.
  49.  45
    Emerging Issues in Population Health: National and Global Perspectives: A Tribute to Gene W. Matthews.Lawrence O. Gostin - 2003 - Journal of Law, Medicine and Ethics 31 (4):476-481.
  50.  54
    Commercial Speech and the Public's Health: Regulating Advertisements of Tobacco, Alcohol, High Fat Foods and other Potentially Hazardous Products.David Vladeck, Gerald Weber & Lawrence O. Gostin - 2004 - Journal of Law, Medicine and Ethics 32 (S4):32-34.
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