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State Constitutionalism And The Right To Health Care, Elizabeth Leonard
State Constitutionalism And The Right To Health Care, Elizabeth Leonard
Elizabeth A. Weeks
This Article examines state constitutions and health care rights. Notably, close to a third of states’ constitutions recognize health while the U.S. Constitution contains no reference. Ample scholarly commentary exists on the absence of a right to health care under the U.S. Constitution but little attention has been paid to state constitutional law. This Article begins by explaining the absence of a federal right and the rationale for looking to state constitutional protections for health. The Article then provides a comprehensive survey of state constitutional provisions and judicial decisions enforcing or interpreting them. The survey reveals certain common themes and …
Public Health Law For A Brave New World: Book Review: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, Elizabeth A. Weeks
Public Health Law For A Brave New World: Book Review: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, Elizabeth A. Weeks
Elizabeth A. Weeks
This is book review of Lawrence O. Gostin’s new edition of Public Health Law: Power, Duty, Restraint (University of California Press, Berkeley, California, 2d ed., 2008). A review of a second edition of a book may be somewhat unusual as subsequent editions of already published works typically do not break new ground. But this book is different. Gostin’s first edition, published in 2000, established and defined the modern field of public health law. The revised and expanded second edition emerges in the post-9/11, post-Katrina, post-Bush world. Gostin now seeks to apply public health paradigms to social problems beyond the field’s …