12 J.L. & Health 309 (1997-1998)
The Role of New Federalism and Public Health Law

handle is hein.journals/jlah12 and id is 315 raw text is: THE ROLE OF NEW FEDERALISM AND PUBLIC
HEALTH LAW1
JAMES G. HODGE, JR.2
I.  INTRODUCTION  .................................... 310
II. FEDERAUSM AND ITS RELATIONTO PUBLIC HEALTH LAW ...... 313
III. STATE POLICE POWERS UNDER THE TENTH AMENDMENT ...... 318
A. Defining Police Powers ......................... 318
B. Theoretical Analysis of Police Powers .............. 320
C. American Police Powers ........................ 321
D. American Police Powers and the Public Health ...... 323
1.  In  General  ................................ 323
2. Early Exercises of Police Powers in the
Interests of Public Health ................... 325
IV. THE FEDERAL ROLE IN PUBLIC HEALTH LAW .............. 330
A. Early Federal Involvement in Public Health ......... 331
B. The New Deal and the Death of Federalism   ......... 332
C. The Federal Role in Public Health: Post New Deal .... 335
V. THE FuTuRE OF FEDERALISM AND POLICE POWERS IN
PUBLIC HEALTH LAW ................................ 338
A. Modern Interpretation of the Principle of
Federalism and Public Health Law   ................ 339
IThis article is the genesis of the author's essay, Implementing Modern Public Health
Goals: An Examination of New Federalism and Public Health Law, to be published in the
Winter 1998 issue of the Journal of Contemporary Health Law and Policy.
2LL.M., Georgetown University Law Center, 1996 (with distinction); J.D., Salmon
P. Chase College of Law, Northern Kentucky University, 1993 (cum laude); B.S. College
of Charleston, 1989 (cum laude). Adjunct Professor of Law, Georgetown University Law
Center (1998); Fellow, (1997/1999), Greenwall Fellowship Program in Bioethics and
Health Policy (jointly administered by Georgetown University and Johns Hopkins
University); Lecturer (1997), Johns Hopkins School of Hygiene & Public Health. I am
indebted to Professor Lawrence 0. Gostin, Georgetown University Law Center, whose
work in the field of public health law has helped to define and create the foundation for
this article prepared under his tutelage. I would also like to thank Professor David
McCarthy, Kathleen Maguire, and Kathleen J. Lester of Georgetown University Law
Center and Professor Stephen Teret of Hygiene and Johns Hopkins School of Public
Health for their invaluable review and comments. Special thanks as well to Andrea,
Maria, and Terrell Hodge for their encouragement and support.

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