Public health law research : theory and methods

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Public health law research : theory and methods

Alexander C. Wagenaar, Scott Burris, editors

Jossey-Bass, c2013

  • : pbk

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Includes bibliographical references (p. 387-441) and indexes

Description and Table of Contents

Description

Public Health Law Research: Theory and Methods definitively explores the mechanisms, theories and models central to public health law research - a growing field dedicated to measuring and studying law as a central means for advancing public health. Editors Alexander C. Wagenaar and Scott Burris outline integrated theory drawn from numerous disciplines in the social and behavioral sciences; specific mechanisms of legal effect and guidelines for collecting and coding empirical datasets of statutory and case law; optimal research designs for randomized trials and natural experiments for public health law evaluation; and methods for qualitative and cost-benefit studies of law.. They also discuss the challenge of effectively translating the results of scientific evaluations into public health laws and highlight the impact of this growing field. "How exactly the law can best be used as a tool for protecting and enhancing the public's health has long been the subject of solely opinion and anecdote. Enter Public Health Law Research, a discipline designed to bring the bright light of science to the relationships between law and health. This book is a giant step forward in illuminating that subject." -- Stephen Teret, JD, MPH, Professor, Director, Center for Law and the Public's Health, Johns Hopkins Bloomberg School of Public Health "Wagenaar and Burris bring a dose of much needed rigor to the empirical study of which public health law interventions really matter, and which don't." -- Bernard S. Black, JD, Chabraja Professor, Northwestern University Law School and Kellogg School of Management Companion Web site: www.josseybass.com/go/wagenaar

Table of Contents

Figures and Tables vii Foreword ix Michelle A. Larkin Preface xiii Acknowledgments xv The Editors xvii The Contributors xi Part One Framing Public Health Law Research 1. A Framework for Public Health Law Research 3 Scott Burris, Alexander C. Wagenaar, Jeffrey W. Swanson, Jennifer K. Ibrahim, Jennifer Wood, and Michelle M. Mello 2. Law in Public Health Systems and Services Research 23 Scott Burris, Glen P. Mays, F. Douglas Scutchfield, and Jennifer K. Ibrahim Part Two Understanding How Law Influences Environments and Behavior 3. Perspectives from Public Health 49 Kelli A. Komro, Ryan J. O'Mara, and Alexander C. Wagenaar 4. Law and Society Approaches 87 Robin Stryker 5. Criminological Theories 109 Wesley G. Jennings and Tom Mieczkowski 6. Procedural Justice Theory 131 Tom R. Tyler and Avital Mentovich 7. Economic Theory 147 Frank J. Chaloupka 8. The Theory of Triadic Influence 169 Brian R. Flay and Marc B. Schure 9. Integrating Diverse Theories for Public Health Law Evaluation 193 Scott Burris and Alexander C. Wagenaar Part Three Identifying and Measuring Legal Variables 10. Picturing Public Health Law Research: The Value of Causal Diagrams 217 Jeffrey W. Swanson and Jennifer K. Ibrahim 11. Measuring Statutory Law and Regulations for Empirical Research 237 Evan D. Anderson, Charles Tremper, Sue Thomas, and Alexander C. Wagenaar 12. Coding Case Law for Public Health Law Evaluation 261 Mark Hall Part Four Designing Public Health Law Evaluations 13. Evaluating Public Health Law Using Randomized Experiments 283 Alan S. Gerber, Donald P. Green, and Allison J. Carnegie 14. Natural Experiments: Research Design Elements for Optimal Causal Inference Without Randomization 307 Alexander C. Wagenaar and Kelli A. Komro 15. Qualitative Research Strategies for Public Health Law Evaluation 325 Jennifer Wood 16. Cost-Effectiveness and Cost-Benefit Analysis of Public Health Laws 347 Ted R. Miller and Delia Hendrie 17. The Future of Public Health Law Research 379 Scott Burris and Alexander C. Wagenaar References 387 Name Index 443 Subject Index 461 Figures and Tables Figures 1.1 Influence of Public Health Law 9 2.1 Effects of Law and Legal Practices on Public Health System Performance 26 3.1 A Public Health Perspective on How Law Affects Population Health 52 4.1 How Formal Law and Legality Influence Health 90 4.2 How Upstream Change in Regulatory Law Ultimately Affects Health 92 4.3 Process by Which New Health-Related Law Influences Health Through Organizational Politics 97 4.4 How Law Is Linked to Health Through Multiple Pathways of Meaning-Making 99 4.5 Law Affects Health Through Inequality 104 5.1 Deterrence Theory 118 5.2 Labeling Theory 120 5.3 An Integrated Model from Criminology 122 6.1 Procedural Justice Mechanisms Through Which Law Affects Public Health 143 7.1 How Economic Factors Affect Population Health 149 7.2 Cigarette Prices and Cigarette Sales, United States, 1970-2010 157 8.1 The Theory of Triadic Influence 180 10.1 Some Conventions of Causal Diagrams 220 10.2 Types of Involuntary Outpatient Commitment 223 10.3 Schematic Representation of AOT Processes in Nine Areas of New York State 224 10.4 New York State Office of Mental Health Diagram Explaining AOT to the Public 225 10.5 An Integrated Theory of Drinking Behavior 226 10.6 Use of Theory of Planned Behavior to Frame Distracted Driving Behaviors 227 10.7 Conceptual Model of the Impact of Tobacco Control Policies Over Time 229 10.8 Conceptual Model of the Effect of Law on Public Health Outcomes 231 10.9 How Stronger Patent Laws Could Improve Antimicrobial Effectiveness 232 11.1 Process for Measuring Law 241 14.1 Observed Effect: Simple Pre-Post Design Versus Time-Series Design 309 14.2 Observed Effect: Annual Versus Monthly Measures 310 14.3 Time Series Illustrating Seasonality 312 14.4 Possible Patterns of Policy Effects Over Time 313 14.5 Hierarchical Multilevel Time-Series Design: Legal Drinking Age Example 320 16.1 Costs and Benefits from a Sustained Compulsory Breath-Testing Program in New Zealand by Perspective 351 Tables 1.1 Typology of Public Health Law Research Studies 11 3.1 Data Sources for Measuring Population Health and Related Outcomes 68 8.1 Social Psychological Theories Informing Mechanisms of Legal Effect 177 11.1 Types of Law by Level and Source 242 13.1 Examples of Randomized Controlled Trials in Health Law and Policy 295 16.1 2008 Motorcycle Fatalities in the United States and Predicted Fatalities Without Helmet Use 354 16.2 Estimated Costs and Benefits per Year by Riding Helmeted 358 16.3 Cost-Outcome Estimates for Voluntary Motorcycle Helmet Use from Various Perspectives 361 16.4 Costs and Cost-Outcome Estimates per Newly Helmeted Rider for a Motorcycle Helmet Law (in 2010 dollars) 367 16.5 League Table of Costs, Savings, Benefit-Cost Ratio, and Cost per QALY Gained for Public Health Laws, Enforcement, and Sanctioning (in 2010 dollars) 370 16.6 Minimum Societal Ratios of Benefits to Government Costs Required for Government to Break Even on a Public Health Law or Program, by Public Health Problem Addressed and Level of Government 376

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