Daniel D Stier's research while affiliated with William Mitchell College of Law and other places
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Publications (11)
Despite the potential for public health strategies to decrease the substantial burden of injuries, injury prevention infrastructure in state health departments is underdeveloped. We sought to describe the legal support for injury prevention activities at state health departments.
We searched the Lexis database for state laws providing authority for...
Drug overdose mortality nearly doubled in the United States from 1999 to 2004, with most of the increase due to prescription drug overdoses. Studying mortality rates in states that did not experience such increases may identify successful prescription overdose prevention strategies. We compared New York, a state that did not experience an overdose...
Laws and regulations can facilitate or impede emergency preparedness and response activities. State legislators, judges, and lawyers play critically important roles in creating and interpreting laws that affect the ability of public health practitioners and their partners to effectively respond to emergencies. In an age when political unrest, globa...
Laws and regulations can facilitate or impede emergency preparedness and response activities. State legislators, judges, and lawyers play critically important roles in creating and interpreting laws that affect the ability of public health practitioners and their partners to effectively respond to emergencies. In an age when political unrest, globa...
According to many experts, a public health emergency arising from an influenza pandemic, bioterrorism attack, or natural disaster is likely to develop in the next few years. Meeting the public health and medical response needs created by such an emergency will likely involve volunteers, health care professionals, public and private hospitals and cl...
American Indian/Alaska Native tribal governments are sovereign entities with inherent authority to create laws and enact health regulations. Laws are an essential tool for ensuring effective public health responses to emerging threats.
To analyze how tribal laws support public health practice in tribal communities, we reviewed tribal legal document...
A community's abilities to promote health and maximize its response to public health threats require fulfillment of one of the four elements of public health legal preparedness, the capacity to effectively coordinate law-based efforts across different governmental jurisdictions, as well as across multiple sectors and disciplines. Government jurisdi...
This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness (Summit) convened in June 2007 by the Centers for Disease Control and Prevention (CDC) and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of public health lega...
Mutual aid is the sharing of supplies, equipment, personnel, and information across political boundaries. States must have agreements in place to ensure mutual aid to facilitate effective responses to public health emergencies and to detect and control potential infectious disease outbreaks. The 2005 hurricanes triggered activation of the Emergency...
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 preparednes...
This chapter explores the relations between public health and the judiciary, defined broadly as the U.S. court system, essential functions of the court system, essential people within the court system (e.g., judges and juries), and procedural rules and customs under which the courts resolve disputes and operate. It introduces the structure and func...
Citations
... As suggested by other researchers, managers often provide partnering entities with incentive packages (Esteve, Van Witteloostuijn, and Boyne 2015;Fuller and Vu 2011;Shoaf et al. 2014;Mays and Scutchfield 2010) to encourage the unrestricted flow of information and knowledge sharing in collaborative initiatives; furthermore, the expectation is that the rewarding process should be clear. Concomitantly, the sharing or exchange of information can also be facilitated by the natural networking disposition of collaborating organizations and continuance of relationships (Sweeney et al. 2010). These factors have been determined to contribute to organizational relational capacity (individually and collectively) in a collaborative model for pandemic preparedness. ...
... Put simply, public health officials and attorneys must know their way around the courthouse. 3 This observation led to PHLP efforts to educate public health officials about the courts. 4 Sponsored in part by CDC under a cooperative agreement and in cooperation with the PHLP, UP-CPHP partnered with Pennsylvania judges and AOPC to publish the Pennsylvania Public Health Law Bench Book. 5 Initially patterned after bench books and judicial reference guides created by Schofield and Chezem, 6 Rothstein et al., 7 and others, the Pennsylvania Public Health Law Bench Book was developed as a just-in-time resource that Pennsylvania judges can use when confronted with a public health case in the courtroom. ...
... The most common studies of opioid prescribing interventions examine the impact of PDMPs on opioid analgesic prescribing and opioidrelated overdose. Data regarding PDMP policies Rutkow et al., 2015) commonly comes from the National Alliance for Model State Drug Laws (NAMSDL) or Prescription Drug Abuse Policy System (PDAPS) (Baehren et al., 2010;Bao et al., 2016;Buchmueller and Carey, 2018;Chang et al., 2016;Delcher et al., 2015;Gilson et al., 2012;Green et al., 2013;Li et al., 2014;Lin et al., 2017;Moyo et al., 2017;Pardo, 2017;Patrick et al., 2016;Paulozzi and Stier, 2010;Rasubala et al., 2015;Ringwalt et al., 2015a;Rutkow et al., 2015;Wen et al., 2017;Yarbrough, 2017), with additional information about PDMP components obtained from Temple University's Policy Surveillance Program or Brandeis' PDMP Training Technical Assistance Center (Buchmueller and Carey, 2018;Dave et al., 2017;Pardo, 2017;Patrick et al., 2016;Rasubala et al., 2015;Weiner et al., 2017a;Wen et al., 2017). Case studies of opioid prescribing guidelines or directives generally rely on data from site-specific implementation (Bujold et al., 2012;Chen et al., 2016;del Portal et al., 2016;Hansen et al., 2017;Johnson et al., 2011;Von Korff et al., 2016;Westanmo et al., 2015). ...
... As NCAI notes, many public health provisions adopted by Native nations are often framed around public safety. Bryan et al. (2009) conducted a similar study finding 56 publicly available tribal codes that address public health. Similar to NCAI, the authors categorized the codes into broad themes: "environmental health and sanitation; public safety and injury prevention; protection from violence and abuse; substance abuse, mental illness, and tobacco; communicable disease control, surveillance, and research; and other." ...
... The professional would therefore be exempted from any compensation obligation pursuant to Articles 1218 and 1256 of the civil code. These laws are more easily applied within the context of personal liability as opposed to the liability of facilities, which are obliged to demonstrate their inability to fulfill their duties due to (objectively) unpredictable and unavoidable causes [29,30], to a crisis and to an inability to ensure the standard of care previously delivered [31][32][33][34][35]. To that end, Article 2236 of the civil code may be invoked, which sanctions that "If performing the service requires the solution to particularly difficult technical problems, the service provider is not liable for damages in the absence of malicious misconduct or gross negligence." ...
... In some cases, there are legal authorities that guide development of international and interstate mutual aid agreements; however, there are circumstances in which such agreements are not legally required but are still critical to response success. 25 The establishment of such agreements reflect an agency's willingness to assist other entities during an emergency. ...
... Courts in New York City closed on the afternoon of September 11, 2001, and remained shuttered until September 17 (Birkland, 2004). Courts as far away as New Mexico also closed in the wake of the 9/11 attacks due to concerns about subsequent attacks (Stier et al., 2007). Although the responses to these crises demonstrate the ability of state actors to halt eviction during a state of emergency, they do not provide a consistent roadmap for forestalling the threat of mass evictions, particularly during a pandemic that spans multiple years. ...
... Using mutual aid agreements where possible, as an alternative to additional legislation, could facilitate these efforts and help achieve these goals. Although work has been published on mutual aid agreements and cross-jurisdictional coordination, 29,52,53 further scholarship is needed to address the applicability and mechanics of mutual aid agreements to address the liability concerns of volunteer health practitioners and their relationship to EMAC. ...
... However, due to various regulatory barriers, it is increasingly difficult to move pseudonymised routine data across platforms and among jurisdictions. Challenges arising from using data from multiple jurisdictions, i.e. legal issues, organisation capacity, financial cost, separation of roles and data ownership have been partially addressed in the US, Australia and other European countries (13,14,15,16). An infrastructure in Australia was proposed for cross-jurisdictional health data linkage research across states to improve the quality of population research data (17). ...