11,639 research outputs found
Individual Liberty, Public Health, and the Battle for the Nation’s Soul
Temple University. James E. Beasley School of LawLawThis essay in The Regulatory Review examines the legacy of the US Supreme Court case Jacobson v. Massachusetts in the context of the COVID-19 pandemic. Author Scott Burris contends that the vision set by Jacobson — one of coexistence and cooperation in a democratic commonwealth — is in jeopardy as courts in recent COVID-19 constitutional cases have unveiled a new view based less on the social contract than on a strong form of libertarianism
Where Next for Opioids and the Law? Despair, Harm Reduction, Lawsuits, and Regulatory Reform
Temple University. James E. Beasley School of LawLawSo far, it looks as if law has reduced the damage but not turned back the tide in the opioid epidemic. Given that most states now have adopted some version of Good Samaritan, naloxone access, and PDMP laws, where do lawmakers go next? Scott Burris offers a few options, including focusing on despair, going after pharmaceutical companies, doubling down on harm reduction and a public health drug policy, and better regulation of treatment
Taking Opportunity Costs Seriously in Public Health Law
Temple University. James E. Beasley School of LawLawScott Burris examines opportunity costs in public health law and the role evaluation and legal epidemiology should play in monitoring and evaluating the laws that impact Americans' health
Eviction and the Necessary Conditions for Health
The COVID-19 pandemic both highlighted eviction as a public health crisis and exacerbated the problem. In a new article published today in the New England Journal of Medicine, housing law experts, Katie Moran-McCabe and Scott Burris at the Temple University Center for Public Health Law Research, call for a realignment in how we think about and approach the housing crisis — and eviction in particular — in America. Moran-McCabe and Burris call for a national recognition of housing as a fundamental need, and offer a few practical recommendations on where governments may start: 1. Removing barriers to affordable, integrated development to increase the supply of new affordable housing in neighborhoods of opportunity; 2. Using legal tools to stabilize housing prices and tenancy, such as rent-stabilization laws and just-cause eviction laws; 3. Addressing economic barriers, such as high housing costs and low income for tenants, by raising the minimum wage, changing tax policies, and fully funding the federal housing voucher program. These recommendations are among many others originally presented in the sixth report in a comprehensive series for the Robert Wood Johnson Foundation in 2020, Health Equity through Housing: A Blueprint for Systematic Legal Action.Temple University. James E. Beasley School of LawLa
Public Health Law Research: Making the Case for Laws to Improve Health
Mr. Burris defines public health law research and identifies the fields within public health law research including interventional law, infrastructure law, and incidental law. Mr. Burris describes the Public Health Law Research, an initiative aimed at promoting regulatory, legal, and policy solutions to improve public health nation-wide
COVID-19 Law and Policy Briefings, Series Two: CDC Independence
Christopher Robertson of Boston University School of Law, Gene Matthews of the Network for Public Health Law, and Scott Burris of the Temple University Center for Public Health Law Research discuss whether the CDC should be more politically independent, and what that might look like.Temple University. James E. Beasley School of LawLawThe COVID-19 Law and Policy Briefings, hosted in two series from March 2020 through July 2021, feature US and international public health law experts discussing the biggest legal issues arising from the COVID-19 pandemic. The briefings are produced by the George Consortium, co-sponsored by the Center for Health Policy and Law at Northeastern University School of Law, the Center for Public Health Law Research at Temple University Beasley School of Law, and the APHA Law Section. Visit Public Health Law Watch (http://bit.ly/COVIDLawBriefing) to watch episodes. All past briefings are also archived by The Week in Health Law podcast
The REAL School Garden Experience: Building Sustainable School Gardens through Sustainable Communities
May the end of this journey open the door to new opportunities; I would like to express my deepest gratitude for the members of my advisory committee, Dr. Jonathan Ulmer, Dr. Jennifer Williams, Dr. Landry Lockett, and Dr. Scott Burris. I can only imagine the extra time and commitment it takes to work with distance students. Dr. Ulmer, I hope I will be remembered as your first distance headache! It was a learning process for both of us, but I would not have it any other way. You are a great mentor and excellent tour guide. Dr. Burris, I cannot tell you what a difference your statistics class did for my understanding and comprehension of statistics! I was so lost before your class, thank you a million times over for giving me the opportunity to learn through your leadership. Dr. Williams, thank you for the honest feedback and for taking a leadership role when my committee fell apart. Dr. Lockett, I truly appreciate your positive outlook on everything and willingness to step in when needed. On more than one occasion you have made my day with a simple phone call or response to an e-mail. We had to overcome numerous obstacles to finalize this body of work, but please know I will never forget the support all of you have shown me.
I would also like to thank Dr. Judy Warren, Dr. Laura Sanagorski, and Dr. Amber Dankert for taking time out of their busy day to look over tables and help in the editing process. I appreciate your friendship and willingness to help me see this through.
A special thanks also to the staff of REAL School Gardens for supporting my work and being willing to offer insight on school gardening
Dental Discrimination Against the lIVY-Infected: Empirical Data, Law and Public Policy
Professor Burris argues that discrimination is not a single behavior explained by one grand theory, but rather a variegated phenomenon occurring in different social, historical and economic contexts. Each form of discrimination is illuminated by its own set of empirical data and each suggests different strategies for successful legal intervention. To illustrate this view, Professor Burris examines instances of dental discrimination against people with HIV. After reviewing empirical studies on dentists' attitudes and behaviors and the needs and experiences of patients with HIV, he concludes that many dentists are uncomfortable treating patients with HIV and many patients with HIV experience dental discrimination. He then analyzes the bases of these conclusions and considers potential regulatory responses to influence dentists' behavior, including federal disability discrimination law, professional ethics, the tort and professional licensure systems, health care financing regulations, and public health campaigns. Finally, he addresses critics of antidiscrimination laws, such as Richard Epstein, who view such laws as both wrong and ineffectual. Professor Burris argues that Epstein's theories of the market and discrimination are based on ideological premises and factual assumptions that are undermined when discrimination is examined in a particular context, such as the denial of dental care to people with HIV. He concludes that, although legal intervention is neither easy nor automatically successful, examining instances of discrimination on a case-by-case basis will help yield more effective and targeted antidiscrimination strategie
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