HHP 4600 Law and Public Health – Assignment Solution

Law and Public Health

Module 3 Power Point questions on Privacy

1. Where in the U.S. Constitution is the explicit provision recognizing the right to privacy?

2. How has the Supreme Court recognized the right to privacy?

3. Roe v Wade recognizes the privacy of women’s right to choose to reproduce or not. How does the decision to abort a fetus legally avoid clashing with the right to life of a child? Does Roe v Wade require every state to permit abortions? Why is it more difficult to have an abortion in some states than others?

4. What fundamental right is common in cases involving abortion, guardianship, right to refuse treatment, and sex between consenting adults?

5. What did the courts decide in Bowers v Hardwick? Was a fundamental right actually involved? Did the opinion of Justice White recognize that fundamental right? How was this different from Roe?

6. Karen Quinlan
   1. What was decided in the case of Karen Quinlan?
   2. What fundamental right do Quinlan and Cruzan have in common with abortion and contraceptive cases?
   3. What prevalent practice became almost standard procedure by the public after the Quinlan and Cruzan decisions?

7. What did the court rule in
   1. Bouvia?
   2. Cruzan?

8. Has the Supreme Court decided we have a right to refuse treatment even if it leads to one’s death?

9. Has the Supreme Court decided we have a right to determine the timing and manner of our death, i.e. commit suicide?

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Teitelbaum and Wilensky Chapter 6 Individual Rights in Health Care

1. Does having a license to practice medicine legally obligate you to provide healthcare to those who need it?

2. What is meant by the no duty principle?

3. Does the Constitution confer to Americans the right to education and health?

4. Did the passage of the Affordable Care Act of 2010 alter Americans right to health care?

5. How might the idea of having a free market health care system and a negative view of government be a barrier to single payer universal healthcare?

6. To what does EMTALA entitle a person?

7. What does the Canterbury case demonstrate?

8. How might Jacobson v Massachusetts be a legal precedent today in resolving cases where some people contest states or cities require wearing protective masks or social distancing or closing some businesses during a pandemic?

9. Why is it important to recognize the courts’ interpretation of the Tenth Amendment or police powers as empowering, but not obligating government to act?

10. If one believes the federal government has not done enough to protect citizens during a Pandemic, could one successfully sue to make the government take better care of its citizens?

11. What is meant by a negative constitution?

12. What do the cases of DeShaney and Town of Castle Rock cases demonstrate?

Updated 7/9/20-Law and Public Health