Editors’ Introduction to The Oxford Handbook of Comparative Health Law

2021 ◽  
Author(s):  
Tamara K. Hervey ◽  
David Orentlicher
Keyword(s):  
The United States ◽  
State Regulation ◽  
Business Activity ◽  
Health Law ◽  
Individual Decision ◽  
Individual Decision Making ◽  
Activity State ◽  
Health Laws ◽  
Cross National

This introductory chapter provides an overview of The Oxford Handbook of Comparative Health Law. Why compare health laws? Situated at the interfaces between human rights, dignity, autonomy, and solidarity, and between multinational business activity, state regulation, and the most private of individual decision-making, health law is perhaps unique in its capacity to provoke a range of responses to how law should constrain and facilitate human activity. Scholars, legislators, and judges grappling with critical questions—such as how to finance healthcare, how to regulate the pharmaceutical industry, and how to protect against threats to public health that can quickly cross national borders—can learn from the successes and failures of the different approaches taken in different countries. The chapter then outlines the scope of the Handbook, which brings together the existing and emerging body of research in health law, with a key focus on the United States–European comparative perspective.

A Globalized Theory of Public Health Law

2002 ◽  
Vol 30 (2) ◽  
pp. 150-161 ◽  
Author(s):  
David P. Fidler
Keyword(s):  
Public Health ◽  
United States ◽  
Tobacco Consumption ◽  
The United States ◽  
International Perspective ◽  
Health Law ◽  
Public Health Law ◽  
Global Village ◽  
Sovereign State ◽  
Health Laws

This symposium issue of the Journal of Law, Medicine & Ethics indicates that interest in public health law in the United States is enjoying a renaissance. The focus of the articles reflects this renaissance, as they explore the state of public health law in various contexts within the United States. Additionally, all but one of the symposium authors plies his or her trade at a university, institution, or government agency in the United States. My task here is different: I focus on public health law within the context of international relations.Analyzing public health law with an international perspective proves no easy assignment. Examining the role of public health law in the proverbial global village takes the analysis out of the familiar territory of law operating within a single sovereign state. The analysis could take two forms. One could compare different national systems of public health law on specific issues. Such a comparative law approach would be interested in, for example, how the public health laws of the United States and South Africa differ in connection with regulating tobacco consumption.

The Future of Public Health Law

1986 ◽  
Vol 12 (3-4) ◽  
pp. 461-490
Author(s):  
Lawrence O. Gostin
Keyword(s):  
Public Health ◽  
Constitutional Law ◽  
The United States ◽  
Health Law ◽  
Public Health Information ◽  
Public Health Officials ◽  
Health Legislation ◽  
Health Laws ◽  
And Storage ◽  
Provide Health Care

AbstractDevelopments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decisionmaking criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This Article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria denning “public health necessity” to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and storage of public health information; (4) empower public health officials to select from a graded series of less restrictive alternatives in dealing with public health problems.

Cross-National Comparison of School Victimization Between Canada and the United States

2007 ◽  
Author(s):  
Ian J. Cohen ◽  
Christine Ateah ◽  
Joseph Ducette ◽  
Matthew Mahon ◽  
Alexander Tabori ◽  
...  
Keyword(s):  
United States ◽  
The United States ◽  
National Comparison ◽  
School Victimization ◽  
Cross National

Minimizing Missed Opportunities: Modeling Relationships between the State and Business in Russia

2009 ◽  
pp. 42-61
Author(s):  
A. Oleynik
Keyword(s):  
Decision Making ◽  
Empirical Evidence ◽  
Common Good ◽  
The State ◽  
Power Relationships ◽  
Individual Decision ◽  
Missed Opportunities ◽  
Power Domination ◽  
Individual Decision Making ◽  
Optimal Outcomes

Power involves a number of models of choice: maximizing, satisficing, coercion, and minimizing missed opportunities. The latter is explored in detail and linked to a particular type of power, domination by virtue of a constellation of interests. It is shown that domination by virtue of a constellation of interests calls for justification through references to a common good, i.e. a rent to be shared between Principal and Agent. Two sources of sub-optimal outcomes are compared: individual decision-making and interactions. Interactions organized in the form of power relationships lead to sub-optimal outcomes for at least one side, Agent. Some empirical evidence from Russia is provided for illustrative purposes.

Defending Lawsuits

2018 ◽  
Author(s):  
Scott Burris ◽  
Micah L. Berman ◽  
Matthew Penn, and ◽  
Tara Ramanathan Holiday
Keyword(s):  
Public Health ◽  
Federal Government ◽  
Technical Assistance ◽  
Health Law ◽  
Tobacco Company ◽  
Amicus Curiae ◽  
Health Organizations ◽  
Public Health Organizations ◽  
Health Laws

Chapter 20 explores the strategic reasons why entities may challenge public health laws, and uses the R.J. Reynolds Tobacco Company v. FDA case to walk through the steps of a legal challenge to a public health law. The chapter also identifies the attorneys involved in defending public health laws on behalf of local, state, and federal government entities and explains how legal technical assistance from public health organizations can support their efforts. Finally, the chapter defines the role of amicus curiae briefs and how they may effectively contribute to the defense of public health laws and regulations.

scholarly journals Humans rely more on algorithms than social influence as a task becomes more difficult

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Eric Bogert ◽  
Aaron Schecter ◽  
Richard T. Watson
Keyword(s):  
Decision Making ◽  
Social Media ◽  
Social Influence ◽  
Correct Answer ◽  
Online Reviews ◽  
Personal Networks ◽  
Human Judgment ◽  
Individual Decision ◽  
Individual Decision Making

AbstractAlgorithms have begun to encroach on tasks traditionally reserved for human judgment and are increasingly capable of performing well in novel, difficult tasks. At the same time, social influence, through social media, online reviews, or personal networks, is one of the most potent forces affecting individual decision-making. In three preregistered online experiments, we found that people rely more on algorithmic advice relative to social influence as tasks become more difficult. All three experiments focused on an intellective task with a correct answer and found that subjects relied more on algorithmic advice as difficulty increased. This effect persisted even after controlling for the quality of the advice, the numeracy and accuracy of the subjects, and whether subjects were exposed to only one source of advice, or both sources. Subjects also tended to more strongly disregard inaccurate advice labeled as algorithmic compared to equally inaccurate advice labeled as coming from a crowd of peers.

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