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19 J. Health & Biomedical L. 1 (2022-2023)

handle is hein.journals/jhbio19 and id is 1 raw text is: 





Journal of Health & Biomedical Law, XIX (2022): 1-43
       C 2022 Journal of Health & Biomedical Law
                 Suffolk University Law School


OUTLINE


Introduction

    I.     Defining the Common   Good

           A.  Greco-Roman   Antecedents
           B.  Philosophical Underpinnings
           C.  The United States Constitution and Common Good  Originalism

    II.    The  Provenance and The  Application of Parens Patnae: An Open-Ended
           Principle?

           A.  Historical Devolution
           B.  Shaping the Course of Police Powers
                   1.  John Locke, Executive Power and Safeguarding the Common
                       Good
                   2.  Sic Utere and Salus Pubkcum: Enduring Application
           C.  The  Supremacy  Clause of the United  States Constitution and Pre-
               emption
                    1.  What is Past is Prologue: Jacobson v. Massachusetts
                    2.  Shaping  a New Constitutional   Perspective Beyond   the
                        Common   Law

    III.   Contemporary  Politics and the Power to Require Vaccinations

           A.  The  Trump  Administration:  Scientific-Based Evidence or Political
               Allegiance
           B.  Anti-Vaccination Concerns in the 18th and 19th Centuries: History
               Repeats Itself
           C.  Today's Knuckleheads or Civil Libertarians?

    IV.    Vaccine Hesitancy and Specious Sources of Information

           A.  The Etiology of Suspicion and of Doubt
           B.  Misinformation and/or Disinformation
           C.  Establishing Trust
           D.  Sense and/or Sensibility
           E.  Common   Sense Decision Making
           F.  A Right to be Ignorant?
               1.  Responsibilities of Citizenship to be Informed
           G.  Behavioral Economics and Determinants of Choice

    V.     Enforcement  Powers of the Government

           A.  Shaping Federal-State Policies
           B.  Frontal Attacks by the Biden Administration

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