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AJPH First Look, published online ahead of print Apr 5, 2007
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American Journal of Public Health, 10.2105/AJPH.2006.101881


Government, Politics, and Law

The Courts, Public Health, and Legal Preparedness

Daniel D. Stier 1*, Diane Nicks 2, Gregory J. Cowan 3

1 Public Health Law Program, Centers for Disease Control and Prevention
2 Dane County, Wisconsin Circuit Court
3 Florida Office of the State Courts Administrator

* To whom correspondence should be addressed. E-mail: dstier{at}cdc.gov.


   Abstract

The judicial branch’s key roles, as guardian of civil liberties and protector of the rule of law, can be acutely relevant during public health emergencies when courts may need to issue orders authorizing actions to protect public health or restraining public health actions that are determined to unduly interfere with civil rights. Legal preparedness for public health emergencies, therefore, necessitates an understanding of the court system and how courts are involved in public health issues.

In this article we briefly describe the court system and then focus on what public health practitioners need to know about the judicial system in a public health emergency, including the courts’ roles and the consequent need to keep courts open during emergencies.

Key Words: Health Law







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Copyright © 2007 by the American Public Health Association