• Corpus ID: 36257183

A shot in the arm: what a modern approach to Jacobson v. Massachusetts means for mandatory vaccinations during a public health emergency.

@article{Horowitz2011ASI,
  title={A shot in the arm: what a modern approach to Jacobson v. Massachusetts means for mandatory vaccinations during a public health emergency.},
  author={Ben Horowitz},
  journal={The American University law review},
  year={2011},
  volume={60 6},
  pages={
          1715-49
        }
}
  • Ben Horowitz
  • Published 2011
  • Medicine, Political Science
  • The American University law review
Introduction 1716 I. Background 1718 A. Protection of Public Health in Jacobson v. Massachusetts ... 1718 B. Strict Scrutiny and the Fundamental Right 1721 C. Individual Liberty and the Right to Refuse Medical Treatment 1725 D. Public Health Emergencies and the Model State Emergency Health Powers Act 1728 II. Narrowing Jacobson and Surviving Strict Scrutiny 1730 A. The Right to Refuse Vaccination as a Fundamental Right .... 1731 B. The Compelling Public Health Emergency 1733 C. Necessary… 
2 Citations
Informed Consent to Vaccination: Theoretical, Legal, and Empirical Insights
TLDR
It is suggested that the information provided must address the nature of the procedure — including benefits to the child, benefits to society, and risks, and the information needs to be accessible and include an opportunity to ask questions.
The End of Jacobson’s Spread
TLDR
A review of the legal history of vaccine mandates in the United States and the decision of Jacobson indicates that the current landscape is likely to change little in the coming years.