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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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