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Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …

Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg

University of Richmond Law Review

Can a blood bank or a blood products manufacturer be held liable if a patient contracts AIDS through a transfusion of blood or a blood product? And, if so, should the bank or manufacturer be held liable? As of February 1989, approximately 200 cases touching on this issue were pending in the United States.

Hiv And The Need For A Voluntarist Approach, David A. Hansell, Esq.

Fordham Urban Law Journal

After a decade of fighting AIDS, the public health community has come to recognize that strategies to combat the infection must be premised on voluntarism and not on coercion. Attempts to combat AIDS with coercive public health strategies stem from a desire to force AIDS into an ill-fitting traditional disease-response framework, overlooking the differences between HIV and other sexually transmitted diseases, including the limitations in available treatment modalities for HIV. A return to such a cramped, narrowly-medicalized view of the AIDS epidemic has enormous social implications and a coercive strategy would frustrate efforts to stem the spread of the disease. …

Commentary: Aids Testing Of Health Care Workers, State Representative Lois J. Frankel

Nova Law Review

It is very curious how some people think legislators can write laws

that give people absolute protection from certain risks or harm. Laws

which are well-considered may reduce risks and offer substantial protection

from harm; for example, laws prohibiting murder or requiring

the wearing of a seat belt.

Criminal Procedure Sentence And Punishment: Regulation Of Hiv Testing In Aids-Transmitting Crimes, Carol Ann Hendry

Georgia State University Law Review

The Act provides that a victim, or legal guardian of a victim, of an AIDS transmitting crime or other crime involving significant exposure may request that the person arrested for the crime be tested for HIV. If the arrested person refuses to be tested, the superior court may order the test to be performed upon a showing that there is probable cause to believe that the person arrested for the offense committed the crime and that significant exposure occurred. Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, an HIV test …

Tales Of Two Cities: Aids And The Legal Recognition Of Domestic Partnerships In San Francisco And New York, David L. Chambers

Articles

Here are two stories. They are of the quite different ways that domestic partnerships of lesbian and gay couples have come to be recognized, for some purposes, in San Francisco and New York City. I tell the stories for their own sake, but with a particular focus on the role that AIDS played in the political process in each city.