independent state legal reforms based upon a universal set of policy goals for
infectious disease control.61 While the specific legislative language and legal
authorities of these reforms will differ by state context and political
constraints, the outcome of these divergent bills meet the same, uniform
public health goals.62 Harmonizing public health law across jurisdictions,
these model acts stimulate public health law reform within states,63
performance improvements among health departments,64 and complementary
systems for infectious disease control.
B. Non-Communicable Disease Reduction
In the context of non-communicable disease control, redundant laws and
policies are criticized for limiting the centralized control thought necessary
to respond to non-communicable disease. As local public health entities
pursue independent public health responses, this “microgovernance” is
faulted for jurisdiction-specific funding and authorities that lead to
“duplicative, incomplete, and counterproductive interventions.”65 With these
efforts presumed to be wastefully inefficient—both for regulatory agencies
and regulated businesses—federal policy makers have pursued more “cost-
effective” national responses to non-communicable disease threats.66
61. Kenneth DeVille, The Turning Point Model State Public Health Act and Responsible
Public Health Advocacy, 15 J. PUB. HEALTH MGMT. & PRAC. 281 (2009).
62. Meier, Hodge & Gebbie, supra note 52.
63. Hodge, Gostin, Gebbie & Erickson, supra note 7; Lawrence O. Gostin et al., The
Model State Emergency Health Powers Act: Planning for and Response to Bioterrorism and
Naturally Occurring Infectious Diseases, 288 JAMA 622 (2002).
64. Jacqueline Merrill et al., Examination of the Relationship Between Public Health
Statute Modernization and Local Public Health System Performance, 15 J. PUB. HEALTH
MGMT. & PRAC. 292 (2009).
65. Scott Burris, Governance, Microgovernance and Health, 77 TEMP. L. REV. 225, 355
66. Megan Danko, Protecting Our Food: A Critical Look at the National Uniformity for
Food Act of 2004 and Food Safety in America, 17 LOY. CONSUMER L. REV. 253 (2005); see
also Kumanan Wilson et al., Establishing Public Health Security in A Postwar Iraq:
Constitutional Obstacles and Lessons for Other Federalizing States, 34 J. HEALTH POL. POL’Y
& L. 381 (2009).
67. William H. Dietz, Donald E. Benken & Alicia S. Hunter, Public Health Law and the
Prevention and Control of Obesity, 87 MILBANK Q. 215 (2009).