2007 - 2008
Syllabus

Lesson 2. Development of Environmental Health Laws

This lesson sets the stage for the other topics in the course. Through the readings and discussion on the development of our system of law and government you should begin to gain an understanding of, and appreciation for, the fluidity and dynamics of law and the legal process as they exist in the United States.

In an attempt to help you develop a clear understanding of our legal system, and why it works (or doesn't work) in the manner in which it does, one of the readings for this lesson traces, in outline form, the development of our major systems and classes of law, from their early roots to modern times. For some of you, this historical review may seem pedantic and needlessly repetitious of material learned early in your academic career, however, for others it may be virgin territory. A lesson of this nature runs the risk of appearing too superficial for some students and too detailed for others. However, this lesson sets the stage for the other topics in the course. The point of this lesson is that by thinking about the development of our system of law and government you should begin to gain an understanding of, and appreciation for, the fluidity and dynamics of law and the legal process as they exist in the United States. This understanding is crucial, if the shifts and changes in the interpretation of constitutional rights, authority, and limits is to make sense.

Lesson Objective

The objective for this lesson is for you to gain an appreciation of how our laws and legal system developed so that you will be able to understand why most of the issues with which we are involved are not matters of black and white, but rather varying shades of gray.

Lesson Assignment

1. Grad: Chapter 2 -- Constitutional and Legal Sources of Public Health Powers and the Place of Public Health in Government, pp. 8-26.
2. Buck: Chapter 1 -- The American Legal System, pp. 3-16.
3. Statutes & Regulations:
• The Constitution of the United States of America
4. Readings:
   • Reading #2 - Treser CD, Development of Environmental Health Laws, University of Washington, 1989.
   • Reading #3 - Janssen WF. The Constitution and the Consumer: Discovering the Connections, AF&DO, June 24, 1987.

Lesson Outline

1. Development of Anglo-American Law
   1. Early Developments
   2. Greco-Roman Influence
   3. Medieval Europe
   4. English Common Law
   5. Legislative Assemblies
2. Law and the Legal System in the United States
   1. Sources of Law in the U.S
   2. Current Composition of U.S. Law
3. Classifications of Law
   1. By Origin
   2. By Function
   3. By Application

Key Points

References / Additional Readings

1. Grad FP. Formulating Public Health Law, Chapter 16 in Public Health Law Manual [2d Ed.], APHA, Washington DC, 1990, pp. 311-327.
2. Hanlon, John and George Pickett. Chapter 10. Law and Public Health, in Public Health Administration and Practice [2d Ed.], C. V. Mosby Co., St Louis, 1979.
3. The Declaration of Independence.
4. Kempin, Federick G., Jr., Historical Introduction to Anglo-American Law in a Nutshell [2d Ed.]., West Publishing Co., St. Paul, 1973.
5. Summers, Robert S. and Charles G. Howard, Law: Its Nature, Functions, and Limits [3rd Ed.], Prentice-Hall, Englewood Cliffs, 1972, PP 1-20.
6. Rickard, J. A., History of England [11th Ed.], Barnes and Nobles, Inc., New York, 1965. (Outline of key events)
7. LaMonte, John L. The World of the Middle Ages, Appleton Century Crofts, Inc., New York, 1949. (Classic work)
8. Wells, H. G., The Outline of History, Gardin City Books, New York, 1956. (Popular treatment of world history; readily available).

Progress Assessment Exercise

Please proceed to Lesson 3. Sources of Legal Authority