• U.S. Department of Health and Human Services v. …

17. Parmet WE, Mariner WK. A health act that jeopardizes public health. Boston Globe. December 1, 2001:A15.

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27. Annas GJ. Control of tuberculosis: the law and the public's health.  ;328:-
When, instead either of a certain portion of the produce of land, or of the price of a certain portion, a certain sum of money is to be paid in full compensation for all tax or tithe, the tax becomes, in this case, exactly of the same nature with the land-tax of England. It neither rises nor falls with the rent of the land. It neither encourages nor discourages improvement. The tithe in the greater part of those parishes which pay what is called a Modus in lieu of all other tithe is a tax of this kind. During the Mahometan government of Bengal, instead of the payment in kind of a fifth part of the produce, a modus, and, it is said, a very moderate one, was established in the greater part of the districts or zemindaries of the country. Some of the servants of the East India Company, under pretence of restoring the public revenue to its proper value, have, in some provinces, exchanged this modus for a payment in kind. Under their management this change is likely both to discourage cultivation, and to give new opportunities for abuse in the collection of the public revenue which has fallen very much below what it was said to have been when it first fell under the management of the company. The servants of the company may, perhaps, have profited by this change, but at the expence, it is probable, both of their masters and of the country.

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The parson of a parish, or a gentleman of small fortune who lives upon his estate, may sometimes, perhaps, find some advantage in receiving, the one his tithe, and the other his rent, in kind. The quantity to be collected, and the district within which it is to be collected, are so small that they both can oversee, with their own eyes, the collection and disposal of every part of what is due to them. A gentleman of great fortune, who lived in the capital, would be in danger of suffering much by the neglect, and more by the fraud of his factors and agents, if the rents of an estate in a distant province were to be paid to him in this manner. The loss of the sovereign from the abuse and depredation of his tax-gatherers would necessarily be much greater. The servants of the most careless private person are, perhaps, more under the eye of their master than those of the most careful prince; and a public revenue which was paid in kind would suffer so much from the mismanagement of the collectors that a very small part of what was levied upon the people would ever arrive at the treasury of the prince. Some part of the public revenue of China, however, is said to be paid in this manner. The mandarins and other tax-gatherers will, no doubt, find their advantage in continuing the practice of a payment which is so much more liable to abuse than any payment in money.


Typhoid Mary: Captive to the Public's Health, ..

They reveal an enduring tension between public health and individual ..
The importer of commodities liable to any duties of customs, it has been said, might as his option be allowed either to carry them to his own private warehouse, or to lodge them in a warehouse provided either at his own expence or at that of the public, but under the key of the custom-house officer, and never to be opened but in his presence. If the merchant carried them to his own private warehouse, the duties to be immediately paid, and never afterwards to be drawn back, and that warehouse to be at all times subject to the visit and examination of the custom-house officer, in order to ascertain how far the quantity contained in it corresponded with that for which the duty had been paid. If he carried them to the public warehouse, no duty to be paid till they were taken out for home consumption. If taken out for exportation, to be duty free, proper security being always given that they should be so exported. The dealers in those particular commodities, either by wholesale or retail, to be at all times subject to the visit and examination of the custom-house officer, and to be obliged to justify by proper certificates the payment of the duty upon the whole quantity contained in their shops or warehouses. What are called the excise-duties upon rum imported are at present levied in this manner, and the same system of administration might perhaps be extended to all duties upon goods imported, provided always that those duties were, like the duties of excise, confined to a few sorts of goods of the most general use and consumption. If they were extended to almost all sorts of goods, as at present, public warehouses of sufficient extent could not easily be provided, and goods of a very delicate nature, or of which the preservation required much care and attention, could not safely be trusted by the merchant in any warehouse but his own.

see New York State Public Health Law 2164 which requires all 6th graders to …
In the immediate aftermath of the September 11 attacks and the subsequent anthrax attacks through the U.S. mail, hospitals, cities, states, and federal officials began developing or revisiting protocols to deal with possible biologic attacks in the future. The federal response has so far emphasized the stockpiling of drugs and vaccines that could be used to respond to an attack, especially one involving smallpox. Other proposals have included improving the public health infrastructure of the country (especially the ability to monitor diagnoses made in emergency departments and pharmacy sales of relevant drugs) and training emergency medical personnel to recognize and treat the diseases most likely to be caused by a bioterrorist attack (such as anthrax, smallpox, and plague). Major efforts are also under way to improve coordination and communication among local, state, and federal officials who are responsible for responding to emergencies and to delineate more clearly the lines of authority involving “homeland security.” All these measures are reasonable and responsible steps our government should take.

06/10/2009 · The New Paradigm for Public Health

Bioterrorism — the deliberate release of a harmful biologic agent to intimidate civilians and their government — constitutes a threat to public health that differs from any other public health threat that our country has faced. An act of bioterrorism is both a state and a federal crime, and it can also be an act of war. Because of our highly developed transportation system, communicable diseases can be spread widely in a short period of time. All these factors make it reasonable to view bioterrorism as an inherently federal matter under both the national-defense and commerce clauses of the Constitution. Thus, the Federal Bureau of Investigation (FBI) and the CDC took the lead in investigating all the anthrax mail attacks. Moreover, had the attacks originated outside the country, the U.S. military and the Central Intelligence Agency would have been called on to respond.

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Properly worried that many state public health laws are outdated and perhaps inadequate to permit state officials to contain an epidemic caused by a bioterrorist attack, the CDC has advised all states to review the adequacy of their laws, with special attention to provisions for quarantining people in the event of a smallpox attack. In addition, the CDC released a proposed model act for the states, the Model State Emergency Health Powers Act, on October 23, 2001. The act was constructed by the Center for Law and the Public's Health at Georgetown University and Johns Hopkins University and was pieced together from a variety of existing state laws.