Problem: Public Health Law
Details describe and give answers following questions .
A. What was the holding in Jacobson?
B. What are the 3 public health core functions and 10 essential services?
C. What was the holding in Dobbs? What does it mean for Rie?
D. What are the standards for the exercise of police power?
E. What is the Bill of Rights?
F. What are the three levels of scrutiny (strict, intermediate, and rational basis) and when are they used?
G. What is the Central Hudson test?
H. What is Zauderer and its holding?
I. What is the implication of the 4th Amendment for public health (ie warrant required)?
J. What is due process? What is procedural vs substantive due process?
K. What do due process requirements concern civil commitment (Addington v Texas)?
L. What are the substantive rights that exist in the "penumbra" of the Constitution (contraception, abortion, same-sex marriage cases)?
M. What rights does the federal constitution NOT guarantee?
N. What is the holding from Hurley v Eddingfield (The patient/physician relationship is contractual - both parties must agree to it)?
O. What does EMTALA require?
P. Is there a right to counsel in civil cases?
Q. What are the major pieces of legislation in the area of public health preparedness?
R. What are FEMA's obligations (St Tammany Parish v FEMA)?
S. What about States (Brooklyn Center for the Independence of the Disabled v. City of New York)?