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  • 1
    UID:
    (DE-627)1806377640
    Format: 1 Online-Ressource (31 p)
    Series Statement: American University Law Review Vol. 71, No. 1, 2021
    Content: The COVID-19 pandemic has exposed significant weaknesses of the U.S. federalist system in controlling major infectious disease threats. At the root of American failures to adequately respond is a battle over public health primacy in emergency preparedness and response. Which level of government—federal or state—should actually “call the shots” to quell national emergencies? Constitutional principles of cooperative federalism suggest both levels of government are responsible. Yet, real-time applications of these principles, coupled with dubious national leadership, contributed to horrific public health outcomes across America. No one seeks a “repeat performance” of U.S. COVID-19 response efforts to forthcoming major health threats. Avoiding it entails substantial changes. Expansive interpretations and executions of core federal emergency powers illuminate new paradigms for Twenty-first century public health crisis planning, preparedness, and response where states remain key players, but the feds are primary play-callers
    Note: Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments April 15, 2021 erstellt
    Language: English
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  • 2
    UID:
    (DE-627)1835532497
    Format: 1 Online-Ressource
    Content: Though public health policy surveillance is an integral tool in correlating the law to scientifically based public health law studies, drawing accurate legal conclusions from collected data can be challenging. Data may be poor quality, inaccessible to law and policy makers, or inapplicable to other jurisdictions over time and place. As Burris et. al. advocate, modern, sophisticated, and interactive data collection systems would render more precise legal analysis tied to public health improvements. Although policy surveillance is promising, public health officials, health care providers, attorneys, and researchers must be skilled and prepared to successfully navigate and resolve potential pitfalls for its benefits to be fully realized. Among the significant challenges related to policy surveillance are: 1) timing, 2) agenda setting, 3) predictable misuse, and 4) politics inherent in a federalist public health legal infrastructure. As public health data infrastructure is developed, better legal approaches must be simultaneously crafted to achieve optimal public health outcomes
    Note: In: Journal of Health Politics Policy and Law , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments August 12, 2016 erstellt , Volltext nicht verfügbar
    Language: English
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  • 3
    UID:
    (DE-627)1740881079
    ISBN: 9780199366545
    In: The Oxford handbook of U.S. health law, New York : Oxford University Press, 2015, (2015), 9780199366545
    In: year:2015
    Language: English
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  • 4
    UID:
    (DE-627)518257525
    Format: 47 S. , graph. Darst.
    Series Statement: Report / Flour Milling and Baking Research Association 96
    Language: English
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  • 5
    UID:
    (DE-627)1835829945
    Format: 1 Online-Ressource (4 p)
    Content: The US Food and Drug Administration’s forthcoming national menu labeling regulations are designed to help curb the national obesity epidemic by requiring calorie counts on restaurants’ menus. However, posted calories can be easily ignored or misunderstood by consumers and fail to accurately describe the healthiness of foods. We propose supplemental models that include nutritional information (e.g., fat, salt, sugar) or specific guidance (e.g., “heart-healthy” graphics). The goal is to empower restaurant patrons with better data to make healthier choices, and ultimately to reduce obesity prevalence
    Note: In: American Journal of Public Health, Vol. 102, Issue 12, 2012 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments December 1, 2012 erstellt
    Language: English
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  • 6
    UID:
    (DE-627)1791592457
    Format: 1 Online-Ressource (12 p)
    Series Statement: 9 Georgetown J. of Nat. Security L & Pol __ (2016)
    Content: Protecting the nation from a diverse array of public health threats remains a consummate objective of federal, state, and local governments. Achieving it is no simple task. Threats to the public's health are multifarious, unpredictable, and downright scary in many cases. Legitimate and irrational fears are stoked by significant levels of distrust of government or industry. Americans' trepidations of public health threats invariably beget responses among federal, state, and local governments even if the actual risks to domestic populations are infinitesimally low. Still, for decades, national, state, and local government leaders often classify these and other conditions as emergencies through different legal authorities. Recently, federal leaders and agencies have re-conceptualized the nature of public health emergencies in terms of national security, reflecting a shift in national authority and accountability. Multiple Presidents and other federal officials speak in terms of how public health events pose national security threats (NSTs) or national security priorities (NSPs). As discussed in this Commentary, classifying public health concerns as national security threats presents uncertainties with practical and legal implications. Practical implications include the augmentation of federal influence, resources, and powers to coordinate responses internationally and at home. Labeling public health emergencies as national security events can alter how federal, state, and local governments respond legally to public health crises now and in the future
    Note: Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments September 12, 2016 erstellt
    Language: English
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  • 7
    UID:
    (DE-627)1835832830
    Format: 1 Online-Ressource (2 p)
    Content: Lawsuits against hospitals and other health care entities alleging liability for patient harms are brought and settled routinely in the United States. However, the settlement by health care giant Tenet Healthcare, on the eve of trial on March 23, 2011, in Preston v Tenet Healthsystem Memorial Medical Center, falls outside the norm of routine entity liability cases. The class of plaintiffs in New Orleans alleged not just that Tenet's emergency responses at its Memorial Medical Center during Hurricane Katrina were insufficient but that Tenet's failure to prepare for a foreseeable emergency caused their harms. Avoiding the prospect of a negative judgment at trial, Tenet's settlement implicates the increasing potential for health care entities to incur liability for deficiencies in emergency preparedness. It may renew demands to immunize entities from liability in future emergencies and requires a reassessment of the legal standard by which hospitals and other health care entities may be judged
    Note: In: The Journal of the American Medical Association, 2011; 306(3):308-309 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments July 20, 2011 erstellt
    Language: English
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  • 8
    UID:
    (DE-627)48977458X
    ISSN: 0027-044X
    In: Monthly labor review, Washington, DC : US Gov. Print. Off., 1919, 90(1967), 9, Seite 30-35, 0027-044X
    In: volume:90
    In: year:1967
    In: number:9
    In: pages:30-35
    Language: Undetermined
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  • 9
    UID:
    (DE-627)1791393454
    Format: 1 Online-Ressource
    Content: On January 19, 2017, the Office for Human Research Protections (OHRP), Department of Health and Human Services (HHS), and multiple federal agencies published final amendments to the Federal Policy for the Protection of Human Subjects (aka the “Common Rule”). Introduced in 1991 based on long-standing research ethics principles, the Common Rule was viewed by many as antiquated. Research enterprises previously based largely in academic and medical institutions expanded exponentially into the private sector. Conducting research moved far beyond clinical trials to extensive assessments of biospecimens, genetic data, and private health information. By amending the rule, OHRP attempts to simultaneously enhance protections for human subjects while limiting administrative burdens for researchers. While many of the changes will not take effect until January 2018, the Rule recognizes important collective interests in science and health. In the end, treating human research participants with respect and fairly is essential for continuing public support of vital scientific investigations
    Note: In: Hodge, JG, Gostin, LO. Revamping the federal Common Rule: Modernizing human participant research regulations. JAMA 2017 , In: online Feb. 22, 2017 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments February 22, 2017 erstellt , Volltext nicht verfügbar
    Language: English
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  • 10
    UID:
    (DE-627)1791710328
    Format: 1 Online-Ressource (2 p)
    Content: Zika virus has emerged as a global public health crisis with active transmission in the Americas and Caribbean. The World Health Organization (WHO) declared a Public Health Emergency of International Concern (PHEIC), and recently WHO reported there is a scientific consensus that Zika is a cause of microcephaly and Guillain-Barré syndrome (GBS). In the U.S. the Centers for Disease Control and Prevention (CDC) activated its emergency operations center at its highest capacity. President Obama requested $1.86 billion in emergency funding. Shamefully, Congress has yet to appropriate the funding needed for Zika preparedness, and the President has had to reallocate Ebola funding for Zika prevention. Although none of the continental states has reported local mosquito-borne transmission to date, federal authorities are amplifying the potential for Zika to affect national security. The virus already severely threatens Puerto Rico. Travelers visiting or returning to the U.S. could escalate the spread of Zika via sexual transmission. The virus may spread across a majority of states including large cities where Aedes species mosquitos are active. Is the U.S. prepared for Zika? America's highly functioning health system will help, but signs of unpreparedness remain due to insufficient resources and variable legal authorities
    Note: In: Journal of the American Medical Association, 2016, doi:10.1001/jama.2016.4919 , Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments April 13, 2016 erstellt
    Language: English
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