Chapter 8.B.1 (or 6.B.1).  Constitutional Principles


Notes: The State Police Power and Federalism

Note 2. Interpreting Jacobson.

For a discussion of the implications of Jacobson today, see Wendy Parmet, Richard Goodman & Amy Farber, Individual Rights versus the Public’s Health – 100 Years After Jacobson v. Massachusetts, 352(7) N. Engl. J. Med. 652 (2005).

Note 5. Compulsory Vaccination and Religious Objections 

For a brief discussion of an Establishment Clause challenge to a state vaccination law that contained a “recognized” religion exemption but no “philosophical” exemption, see McCarthy v. Ozark School Dist., 359 F.3d 1029 (8th Cir. 2004) (appeal from lower court decision invalidating religious exemption under establishment clause found moot in part because Arkansas legislature had broadened the immunization exemption to encompass philosophical as well as religious objections; schoolchildren, who sought an exemption to allow them to attend public school in Arkansas without receiving immunization against Hepatitis B, received all the relief that they requested).  See also, Marjorie Shields, The Power of the Court or Other Public Agency to Order Vaccination Over Parental Religious Objections, 94 A.L.R. 5th 613 (2004).

NEW NOTE 8. Modern Approaches to Vaccination

For a collection of articles on vaccine safety and public health policy, see Ciro A. de Quadros, The Century of Vaccines, 94 Am J Public Health  910 (2004); Roger Bernier & Karen Midthun, Getting the Science Right and Doing the Right Science in Vaccine Safety, 94 Am J Public Health 914 (2004); Rosemary B Quigley, Uncertain Benefit: The Public Policy of Approving Smallpox Vaccine Research, 94 Am J Public Health 943 (2004); Daniel A. Salmon, Lawrence H. Moulton & Neal A. Halsey, Enhancing Public Confidence in Vaccines Through Independent Oversight of Postlicensure Vaccine Safety, 94 Am J Public Health 947 (2004).

Problem: Smallpox Vaccination and Bioterrorism


See generally, CDC Smallpox, available at for revised federal plans for the distribution of smallpox vaccine in the event of a confirmed case. See also, For a discussion of the failure of the Smallpox vaccination campaign see Jay Gold Rathbun, The Smallpox Vaccination Campaign of 2003: Why Did It Fail and What Are the Lessons for Bioterrorism Preparedness?, 64 La. L. Rev. 851 (2004). (both websites last visited July 20, 2006)