The practice of law has changed greatly since the days when judges based decisions on the maxim salus populi suprema lex, and Oliver Wendell Holmes disagreed, noting that “experience” has been the “life of the law.” In the intervening years, the profession has followed Holmes and the legal realists in recognizing that the law does not exist in a vacuum. It is a human endeavor, molded by experiences and filled with human consequences. Today, lawyers, jurists, and legal scholars everywhere on (...) the political spectrum recognize the importance of social context, history, and a variety of non-legal disciplines, and non-legal insights to the intelligent practice of the law Unfortunately, in rejecting the old maxims, the legal profession also lost sight of the fundamental truth of salus populi suprema lex, Latin for “the health of the people is the highest law” - namely, it has lost sight of the truth that a population’s health is a critical part of law’s social context. One of the consequences of this is that the profession has failed to include public health - the study of the causes and prevention of disease, disability, and death in populations - among the non-legal disciplines regularly incorporated into legal analysis and routinely taught to all would-be lawyers. It is time to correct this oversight. (shrink)

Effective use of public health law can be a powerful tool to advance the mission of public health departments to protect and promote the health of the population. However, there is little known about the way that public health officials think about law, use law, and/or interact with their legal counsel. The purpose of this paper is to examine some of the beliefs and barriers facing public health officials and legal counsel in their efforts to collaborate and to describe specific (...) opportunities to better facilitate the use of law and collaboration, particularly in the area of training and education. Our findings are based on two studies: a mixed methods study of state and local public health officials and their legal counsel, including surveys and qualitative interviews; and a survey-based needs assessment of training for public health law. While state health officials and legal counsel view the role of public health law in similar ways, variation exists in organization, interactions and perceptions of collaboration on issues of public health law. Tremendous opportunity exists for improving collaboration between legal counsel and public health agencies through additional education and training opportunities. Improving the use of law in public health is possible — if practitioners and legal educators work together to fulfill its promise. (shrink)

Laws, ordinances, regulations, and executive orders create the powers and duties of public health agencies and modify the complex community conditions that affect health. Appropriately trained legal counsel serving as legal advisors on the health officer's team facilitate clear understanding of the legal basis for public health interventions and access to legal tools for carrying them out.Legal counsel serve public health agencies via different organizational arrangements — e.g., internal staff counsel, external counsel from the state attorney general's office, state health (...) department, county or city, or private counsel under contract, or in combination. As of 2011, most state health departments employ their own counsel, and 56% use AG counsel, while 17% contract with independent attorneys; most local health departments work with attorneys and legal staff assigned by local government, by the state health agency, or contract with outside attorneys and legal staff. (shrink)