Syllabus

Schedule

Schedule

Week 1: May 3 – May 10
Week 2: May 10 – May 17
Week 3: May 17 – May 24
Week 4: May 24 – May 31
Week 5: May 31 – Jun 7
Week 6: Jun 7 – Jun 14
Week 7: Jun 14 – Jun 21
Week 8: Jun 21 – Jun 25

Week 1: Foundations of Public Health Law

Learning Outcomes

• Identify the ways in which US legal structures and processes impact public health
• Explain the tension between government responsibility to protect public welfare and individual rights
• Discuss the ways in which US and state constitutions operate to protect the public and individuals

Lectures

• Video lecture: Review: The Structure of Government
• Video lecture: Foundations of Public Health Law: Constitutional Principles and Positive and Negative Rights

Readings

• Text, Chapter 3: Public Health Powers and Duties
• Text, Chapter 4: Public Health and the Protection of Individual Rights
• Bahrenburg, R. Due Process Is Overdue with the Rise in Teen Suicide: Reconsidering DeShaney v. Winnebago County Department of Social Services. Georgetown Journal of Gender and the Law; 2013.

Assignments

• Week 1 Discussion

  • Initial post: After reading DeShaney (1989) and the 2013 Georgetown Law Review article by Bahrenburg, write an initial post identifying at least two (2) pros and two (2) cons of legal holdings that individuals are not entitled to constitutional protection against harm occasioned by private persons, even when some state action is involved. Also identify two (2) specific public health-related reasons why constitutional protections should be extended and two reasons why they should not, using specific public health examples. Explain your reasoning, incorporating information from the course readings.

  • Response posts: Respond to two (2) of your peers. Identify specific examples that either support one or more of their positions or rebut them. Remember, legal skill requires understanding and sometimes advocating for either side of an issue! Be specific in your responses.

Week 2: Government Regulation for the Public’s Health

Learning Outcomes

• Explain the tension between government responsibility to protect public welfare and individual rights
• Discuss the ways in which US and state constitutions operate to protect the public and individuals
• Analyze the limits of government action as applied to case scenario(s)

Lectures

• Video lecture – Part 1: The Authority of Administrative Agencies
• Video lecture – Part 2: Direct Regulation for Public Health

Reading

• Text, Chapter 5: Administrative Agencies and Local Governments
• Text, Chapter 6: Direct Regulation for the Public’s Health and Safety
• CDC, Public Health Law Program. Preemption of Local Public Health Laws.

Assignments

• Week 2 Discussion 

  • Initial post: Find three (3) recent (within 3 years) examples of federal regulatory action- relating in some way to public health – that exhibit the kind of paternalism described by Professors Sunstein and Thaler (pg. 252 et seq in your text). For each example, explain how the regulation requirement(s) “nudge” individuals or populations or corporations toward better behavior, better health, or a better outcome for oneself or others. For each of your 3 examples, provide a full explanation of the agency involved, the regulatory requirement, and how it operates as a paternalistic ‘nudge’. You can get ideas from reliable, credible, unbiased news sources (e.g. Kaiser Health News, NPR) or from non-partisan think tank organizations (e.g. Urban Institute, The Rand Corporation, Kaiser Family Foundation). 

  • Response posts: Respond to two (2) of your peers. For one or more of the examples provided, can you identify any more effective ways that the agency might achieve the “nudge” toward the desired policy outcome? Are there any populations or communities for which the policy action nudge might be ineffective or counter-productive? If so, explain your views and support them with references to credible, reliable sources.

• Week 2 Written Assignment

  • Additional reading for assignment: FF v. State of NY, 65 Misc 3d 616 (2019)

    Jacobson v. Massachusetts (pg. 146 in your text) is the seminal case on the state or local government’s power to regulate to protect the health of the public. Write a summary of the facts and the legal holding in that case (a template will be provided) and, using the Jacobson court’s language, write a 1200-1500 word paper explaining how the principles outlined in Jacobson are (or are not) relevant in the current cases on non-medical vaccination exemptions, including the case in the assigned reading, FF v. State of NY.

Week 3: Taxation and Judicial Action Impacting Public Health

Learning Outcomes

• Analyze the limits of government action as applied to case scenario(s)
• Identify ways that tort law and criminal law impact public health
• Identify ways that legal processes impact public health prevention

Lectures

• Video lecture: the Public Health Law Toolkit: Taxation and Principles of Tort Liability
• Video lecture: the Public Health Law Toolkit: Part 2 Principles of Tort Liability

Reading

• Text, Chapter 8: Taxation, Spending, and the Social Safety Net
• Text, Chapter 7: Tort Liability as Indirect Regulation
• LumenLearning: General Law of Torts

Assignments

• Week 3 Discussion

  • Initial post: The Daubert v. Merrell Dow Pharmaceuticals case (pg. 282-285 in your text) highlights the issue of the extent of scientific knowledge that can be used as evidence to demonstrate the defendant’s knowledge of health risks. Write an initial post discussing comparisons between, for instance, the evidence (or lack thereof) of vaping health risks (now that we have over 30 deaths and rising) with that of opioid misuse health risks? How much scientific evidence should be necessary for legal liability? Consider the teachings of Jacobson in your posts. What about the Juul litigation? See Vaping Giant Juul Settles Lawsuit, Will Not Market To Teens And Children or antimicrobial resistance resulting from antibiotic overuse in humans and livestock? 

  • Response posts: Respond to two (2) of your peers. Do you agree or disagree with their assessment of the state of scientific evidence on the health issues they discussed, or the level of evidence that does or should support limits on individual or organizational behavior or trigger legal liability? Why or why not? Be sure to fully explain your position using legal principles from the course readings.

Week 4: Public Health Research – Collecting Data for Public Health Purposes

Learning Outcomes

• Discuss the ways in which US and state constitutions operate to protect the public and individuals
• Analyze the limits of government action as applied to case scenario(s)
• Identify ways that legal processes impact public health prevention

Lectures

• Video lecture: The Difference Between Surveillance and Monitoring; and A Transdisciplinary Approach to Public Health Law: Seat belts as an Example.

Reading

• Text, Chapter 9: Surveillance and Public Health Research: Privacy, Security, and Confidentiality of Personal Health Information
• Burris, S. et al. A transdisciplinary approach to public health law: The emerging practice of legal epidemiology. (2016).

Assignments

• Week 4 Discussion

  • Closely read Professor Mariner’s essay and listen to this NPR story on big data from health apps 

  • Initial post: Using (and referencing!) what you have learned about civil and criminal legal proceedings, and reflecting on Prof. Mariner’s essay, discuss the pros and cons of third parties (e.g. health systems, insurers, internet providers) being required to turn over patient data. Consider and apply the concepts of necessity and proportionality. Should we be more concerned about our own privacy or more focused on the larger benefits of using big data for public health purposes? Why or why not? In your post, include a discussion of the pros and cons of our current lack of government regulation of the use of health data by Big Tech (refer to N. Terry’s essay on pgs 388-392 of the text).

  • Response posts: Respond to two (2) of your peers. Which of their pro/con arguments most resonate with you and why (be specific)? What is your view about whether a third party’s obligation to surrender your health data to the government amounts to a “seizure” under the Fourth Amendment? As a patient, could you protect yourself and still access care? How or how not?

• Week 4 Assignment

  • Additional reading for this assignment: JAMA (2019) The Opioid Crisis and Corporate Responsibility

  • Read the attached article and review the content in Chapter 7. Write a 1200-1500 word paper discussing the primary lessons from major litigation on public health issues. Address the benefits and potential limitations or risks of litigation against manufacturers, distributors, and/or service providers. Consider who are the stewards of the public’s interests. Who should the beneficiaries be and how can court orders or court-approved settlements protect the interests of the public and address the harms suffered by individual people (e.g. sick people, families of people who have died)? You should consider these issues as they relate to public health threats beyond the opioid crisis (e.g. harm from environmental contamination, unsafe products).

Week 5: Public Health Law and Prevention

Learning Outcomes

• Discuss the ways in which US and state constitutions operate to protect the public and individuals
• Analyze the limits of government action as applied to case scenario(s)
• Identify ways that legal processes impact public health prevention

Lectures

• Video lecture: Can the Government Compel Speech? 1st Amendment Rights

Reading

• Text, Chapter 10: Infectious Disease Prevention and Control
• Text, Chapter 12: Noncommunicable Disease Prevention
• Jacobs, L. G. (2017). Regulating Marijuana Advertising and Marketing to Promote Public Health: Navigating the Constitutional Minefield. Lewis & Clark L. Rev., 21, 1081.

Assignments

• Week 5 Discussion

  • Initial post: The regulation of commercial speech by governments and the extent of protection afforded commercial entities is still an evolving area of the law. Using specific language in the court rulings on tobacco warnings, alcohol price advertising, salt and sugar warnings, and the discussion on marijuana advertising discussed in the Lewis & Clark Law Review article, compare the relative harms to the public (resulting from allowing unregulated speech) and the harm to commercial entities (resulting from restrictions on speech). Be sure to consider the impact on economic activity — which is also a driver of wellbeing (i.e. jobs and income are social determinants of health).

  • Response posts: Respond to two (2) of your peers. Comment on your peers’ analyses; have they considered all the angles? Do you agree or disagree with their analyses and why or why not? Be specific and cite specifics from the relevant court opinions we have read.

Week 6: Public Health Prevention Topics and Public Health Emergencies

Learning Outcomes

• Analyze the limits of government action as applied to case scenario(s)
• Identify ways that legal processes impact public health prevention
• Discuss the implications of public health emergency processes on vulnerable populations

Lectures

• Video lecture: Public Health Emergency Statutory Frameworks
• Video lecture: Special Topic: Gun Rights and the 2nd Amendment

Reading

• Text, Chapter 13: Injury and Violence Prevention
• Text, Chapter 11: Public Health Emergency Preparedness and Response

Assignments

• Week 6 Discussion

  • Initial post: People with special needs are particularly vulnerable during emergencies when there is no electricity, internet access, and when the availability of home care services is likely to be disrupted. Review this policy statement from the American Academy of Nursing. Identify and discuss the competing rights and responsibilities, including those of governments (federal, state, and local), those of the provider organizations, and those of the residents and family members. What are the most critical legal issues, and how can they be balanced with the economic issues faced by nursing homes and assisted living facilities? After 12 nursing home residents died during Hurricane Irma in 2017, former Florida Governor, Rick Scott, issued an Emergency Order after, requiring nursing homes to have back-up power. This was met with industry resistance (and litigation) and, in 2019, many nursing homes remain non-compliant. 

  • Response post: Respond to two (2) of your peers. What can you add to both sides of this argument — the government (public health) side, and the industry side? How would you convince nursing home owners that compliance is the “right” thing? Should there be government subsidies or other support? If so, what and why?

• Week 6 Written Assignment

  • Additional reading for Assignment (and re-read pgs 392-406 of text):  Hodge, J., et al (2017) Top Takeaways from the Common Rule Amendments

  • This written assignment is in two (2) parts, reflecting two of the substantive changes to The Common Rule in 2017 governing human subjects research.

  • Part 1  (+/- 750 words) – In your own words, explain why the US Dept. of Health and Human Services (Office for Human Research Protections) differentiated public health research and public health practice. Discuss the pros and cons and the risks and benefits of the prior and current rule on this issue.

  • Part 2 (+/- 750 words) – Given the current state of genetic science, discuss the constitutional privacy considerations at issue in the use of biospecimens. Explain the reason for The Common Rule change on this issue in the context of legal principles of privacy. What are the benefits to patients and what are the burdens on public health surveillance? Use examples other than the newborn screening statutes from the text (pg 400).

Week 7: Issues of Justice in Public Health 

Learning Outcomes

• Discuss principles of social justice as they apply to public health situations
• Describe public health ethical principles
• Apply public health ethical principles to case scenario(s)

Lectures

• Written lecture: What is “Justice” in the Public Health Law Context?

Reading

• Text, Chapter 14: Health Justice
• Smith, M., et al (2019) Public Health as Social Justice? A Qualitative Study of Public Health Policy‑Makers’ Perspectives. Social Justice Research. 32:384-402. doi:10.1007/s11211-019-00327-7
• Baylis, F., Kenny, N. P., & Sherwin, S. (2008). A relational account of public health ethics. Public Health Ethics, 1(3), 196-209.
• Hu, T. Racial Segregation, Testing Site Access, and COVID-19 Incidence Rate in Massachusetts. Public Health Post. 2021.

Assignments

• Week 7 Discussion

  • Initial post: Closely read Sheila Foster’s account of the environmental affronts to the residents of Chester, Pennsylvania (text pgs 593-600) and apply the concepts of a relational perspective of public health ethics discussed in the Baylis article. How did local relationships (including the state and local political context) impact the initial success, but later failure of the CRCQL’s resistance efforts? If “social justice is concerned with fair access to social goods such as rights, opportunities, power and self-respect” (Baylis, pg 203), in what ways were the residents of Chester granted or denied access to these social goods?

  • Response posts: Respond to two (2) of your peers. What can you add to their analyses? What are the strengths and/or weaknesses of their discussion points? Do you agree with their application of the social justice concept in this public health context? Why or why not? Be specific.

Week 8: Public Health Ethics

Learning Outcomes

• Describe public health ethical principles
• Apply public health ethical principles to case scenario(s)

Lectures

• Video lecture: Fundamentals of Public Health Ethics

Reading

• Text, Chapter 2: Public Health Ethics: Science, Values, and the Regulation of Risk
• Re-read Text, pgs 483-492 re: ethics in emergencies
• Principles of Public Health (brochure)
• Chapter 3 in Holland, S. (2015) Public Health Ethics 2nd ed.

Assignments

• Week 8 Discussion 

  • Initial post: Since this is a short week, use the discussion this week to discuss the issues in the Week 8 written assignment. Debate with one another based on public health ethics principles outlined in the text and accompanying readings. For instance, you might ask one another: How can older people provide input into health care organization policies? How can they be more empowered to advocate for their health and wellbeing? How should public health and health care organizations better attend to the dignity and diversity of older patients? How can we achieve reduced levels of paternalism and protectionist attitudes toward older patients and provide more decision-making autonomy and self-determination? How can public health professionals contribute to creating a less-ageist society?

  • Response posts: Respond to two (2) peers. Use the response posts as an opportunity to deepen your analysis of the case questions.

• Week 8 Written Assignment

  • Additional reading for assignment:

    • Chapter 11 from Coughlin, S. S. (2009). Case studies in public health ethics
    • Marckmann, G., Schmidt, H., Sofaer, N., & Strech, D. (2015). Putting public health ethics into practice: a systematic framework. Frontiers in public health, 3, 23.

  • Review Case 11b in Coughlin Chapter 11. Write a 1200-1500 word paper that answers the questions at the end of the case. Be sure that your paper is organized according to the case questions and you integrate the concepts from the course content readings and from the Coughlin chapter and the Marckmann paper. These concepts include such issues as autonomy in decision-making, public perception of risk, and impact on equity (this is not the full list!).

Student Resources

Online Student Support

Your Student Support Specialist is a resource for you. Please don't hesitate to contact them for assistance, including, but not limited to course planning, current problems or issues in a course, technology concerns, or personal emergencies.

Questions? Visit the Student Support Public Health page

UNE Libraries:

• Library Access for all students: Your library login ID and password are the same as the ones you use to log into Blackboard/Brightspace.
• Public Health Databases: https://library.une.edu/library-materials/find/research-by-subject/public-health/
• Library Tutorial: Find an article
• Library Questions: Ask a librarian or phone library staff at (207) 602-2361 or (207) 221-4330.

UNE Student Academic Success Center

UNE's Student Academic Success Center (SASC) offers a range of free online services to support your academic achievement. Writing support, ESOL support, study strategy and learning style consultations, as well as downloadable resources, are available to all matriculating students. The SASC also offers tutoring for GPH 712 Epidemiology, GPH 716 Biostatistics, GPH 717 Applied Epidemiology, GPH 718 Biostatistics II, and GPH 719 Research Methods. To make an appointment for any of these services, go to une.tutortrac.com. For more information and to view and download writing and studying resources, please visit:

• UNE Student Academic Success Center

Information Technology Services (ITS)

• ITS Contact: Toll Free Help Desk 24 hours/7 days per week at 1-877-518-4673

Accommodations

Any student who would like to request, or ask any questions regarding, academic adjustments or accommodations must contact the Student Access Center at (207) 221-4438 or pcstudentaccess@une.edu. Student Access Center staff will evaluate the student's documentation and determine eligibility of accommodation(s) through the Student Access Center registration procedure.

Policies

AMA Writing Style Statement

The American Medical Association Manual (AMA) of Style, 11th edition is the required writing format for this course. Additional support for academic writing and AMA format is provided throughout the coursework as well as at the UNE Portal for Online Students.

Online resources: AMA Style Guide

Turnitin Originality Check and Plagiarism Detection Tool

The College of Professional Studies uses Turnitin to help deter plagiarism and to foster the proper attribution of sources. Turnitin provides comparative reports for submitted assignments that reflect similarities in other written works. This can include, but is not limited to, previously submitted assignments, internet articles, research journals, and academic databases.

Make sure to cite your sources appropriately as well as use your own words in synthesizing information from published literature. Webinars and workshops, included early in your coursework, will help guide best practices in APA citation and academic writing.

You can learn more about Turnitin in the Turnitin Student quick start guide.

Technology Requirements

Please review the technical requirements for UNE Online Graduate Programs: Technical Requirements

Course Evaluation Policy

Course surveys are one of the most important tools that University of New England uses for evaluating the quality of your education, and for providing meaningful feedback to instructors on their teaching. In order to assure that the feedback is both comprehensive and precise, we need to receive it from each student for each course. Evaluation access is distributed via UNE email at the beginning of the last week of the course.

Late Policy

Students are responsible for submitting work by the date indicated in Brightspace.

Quizzes and Tests: Quizzes and tests must be completed by the due date. They will not be accepted after the due date.

Assignments: Unless otherwise specified, assignments will be accepted up to 3 days late; however, there is a 10% grade reduction (from the total points) for the late submission. After three days the assignment will not be accepted.

Discussion posts: If the initial post is submitted late, but still within the discussion board week, there will be a 10% grade reduction from the total discussion grade (e.g., a 3 point discussion will be reduced by 0.3 points). Any posts submitted after the end of the Discussion Board week will not be graded.

Please make every effort ahead of time to contact your instructor and your student support specialist if you are not able to meet an assignment deadline. Arrangements for extenuating circumstances may be considered by faculty.

Student Handbook Online - Policies and Procedures

The policies contained within this document apply to all students in the College of Graduate and Professional Studies. It is each student's responsibility to know the contents of this handbook.

Student Handbook

UNE Course Withdrawal

Please contact your student support specialist if you are considering dropping or withdrawing from a course. The last day to drop for 100% tuition refund is the 2nd day of the course. Financial Aid charges may still apply. Students using Financial Aid should contact the Financial Aid Office prior to withdrawing from a course.

Academic Integrity

The University of New England values academic integrity in all aspects of the educational experience. Academic dishonesty in any form undermines this standard and devalues the original contributions of others. It is the responsibility of all members of the University community to actively uphold the integrity of the academy; failure to act, for any reason, is not acceptable. For information about plagiarism and academic misconduct, please visit https://www.une.edu/studentlife/plagiarism.

Academic dishonesty includes, but is not limited to the following:

1. Cheating, copying, or the offering or receiving of unauthorized assistance or information.
2. Fabrication or falsification of data, results, or sources for papers or reports.
3. Action which destroys or alters the work of another student.
4. Multiple submissions of the same paper or report for assignments in more than one course without permission of each instructor.
5. Plagiarism, the appropriation of records, research, materials, ideas, or the language of other persons or writers and the submission of them as one's own.

Charges of academic dishonesty will be reviewed by the Program Director. Penalties for students found responsible for violations may depend upon the seriousness and circumstances of the violation, the degree of premeditation involved, and/or the student’s previous record of violations.  Appeal of a decision may be made to the Dean whose decision will be final.  Student appeals will take place through the grievance process outlined in the student handbook.