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Articles 1 - 30 of 228
Full-Text Articles in Entire DC Network
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
An Old Illness: How The United States Uses Racist And Xenophobic Ideas About Disease To Exclude Haitian Migrants During The Covid-19 Pandemic, Emily Mcconnville
Indiana Journal of Law and Social Equality
No abstract provided.
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Confidentiality, Warning And Aids: A Proposal To Protect Patients, Third Parties And Physicians
Touro Law Review
No abstract provided.
Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor
Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor
Georgia Law Review
When the HIV/AIDS epidemic began in the 1980s in the United States, there was mass confusion and hysteria regarding HIV transmission and prevention, leading many states to enact HIV criminalization statutes to prosecute persons living with HIV who either exposed another person to HIV or put someone in danger of being exposed to HIV. Yet, almost forty years later, these statutes are still used to criminalize and control the behaviors of people living with HIV, and in some cases, impose lengthy prison sentences hinging on the possibility of exposure. These HIV criminalization statutes and subsequent criminal cases often do not …
"Prep"Aring For A Challenge To Government-Owned Patents, Caleb Holland
"Prep"Aring For A Challenge To Government-Owned Patents, Caleb Holland
Catholic University Law Review
The United States Government owns one of the largest patent estates in the world, but it rarely brings suit for patent infringement. To understand why that may be, this paper looks critically at the Government as a patent holder. Specifically, the paper reviews the fundamentals of American patents and explores the intricacies unique to the Government as an entity that both grants and holds patent rights. The paper examines the historical progression of how the United States Government positions itself with regard to its patents, tracing this evolution from Constitutional origins to more recent statutory refinements. Finally, the paper looks …
Sex, Crime, And Serostatus, Courtney K. Cross
Sex, Crime, And Serostatus, Courtney K. Cross
Washington and Lee Law Review
The HIV crisis in the United States is far from over. The confluence of widespread opioid usage, high rates of HIV infection, and rapidly shrinking rural medical infrastructure has created a public health powder keg across the American South. Yet few states have responded to this grim reality by expanding social and medical services. Instead, criminalizing the behavior of people with HIV remains an overused and counterproductive tool for addressing this crisis—especially in the South, where HIV-specific criminal laws are enforced with the most frequency.
People living with HIV are subject to arrest, prosecution, and lengthy prison sentences if they …
Intellectual Property As A Determinant Of Health, Ana Santos Rutschman
Intellectual Property As A Determinant Of Health, Ana Santos Rutschman
All Faculty Scholarship
Public health literature has long recognized the existence of determinants of health, a set of socio-economic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …
Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable
Multilateralism, Pushback, And Prospects For Global Engagement?, Michael Donald Kirby The Honourable
Indiana Journal of Global Legal Studies
In this article, the author draws on long engagement with multilateralism, both in domestic jurisdiction and international institutions. He describes the growth of post-War United Nations activities and the increasing impact of international law, including on universal human rights. He records international initiatives on global problems like HI V/AIDS and in individual countries, such as Cambodia and North Korea. He then describes recent examples of '"pushback" against multilateralism, especially on the part of the United States, the United Kingdom, some European countries, and Australia. He concludes with illustrations and reasons why the global community should remain optimistic about multilateralism, despite …
Hiv Is Not A Crime, There Should Be No Jail Time, Bacilio Mendez Ii
Hiv Is Not A Crime, There Should Be No Jail Time, Bacilio Mendez Ii
GGU Law Review Blog
By way of personal, activist narrative, this blog post will provide broad context to the post-Stonewall legal landscape and the gay rights (now, the LGBTQ+) movement. The stage set, the writer will inform the audience of specific injustices brought upon persons living with HIV, during modern times, in the United States, simply based on their serostatus and offer solutions and actions that readers can take themselves.
This article includes links to State-by-State Statutory Information and several embedded video interviews, as well as an extensive bibliography.
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross
The Dangers Of Disclosure: How Hiv Laws Harm Domestic Violence Survivors, Courtney K. Cross
Washington Law Review
People living with HIV or AIDS must decide whether, how, and when to disclose their positive status. State laws play an outsized role in this highly personal calculus. Partner notification laws require that current and former sexual partners of individuals newly diagnosed with HIV be informed of their potential exposure to the disease. Meanwhile, people who fail to disclose their positive status prior to engaging in sexual acts—even acts that carry low to no risk of infection—can be prosecuted and incarcerated for exposing their partners to HIV. Although both partner notification laws and criminal HIV exposure laws were ostensibly created …
Hiv Law And Policy In The United States: A Tipping Point, Scott Skinner-Thompson
Hiv Law And Policy In The United States: A Tipping Point, Scott Skinner-Thompson
Publications
The fight to effectively treat and stop the spread of the human immunodeficiency virus (HIV) has made meaningful progress both in the United States and globally. But within the United States that progress has been uneven across various demographic groups and geographic areas, and has plateaued. While scientific advances have led to the development of medicine capable of both treating and preventing HIV, law and policy dictate who will have ready access to these medicines and other prevention techniques, and who will not. Law and policy also play a crucial role in determining whether HIV will be stigmatized, discouraging people …
Children With Aids: A Need For A Clear Policy And Procedure For Public Education, Laura F. Rothstein
Children With Aids: A Need For A Clear Policy And Procedure For Public Education, Laura F. Rothstein
Laura Rothstein
One cannot open a newspaper, watch the television news, or even watch a favorite sitcom without being aware of the degree to which Acquired Immune Deficiency Syndrome (AIDS) has permeated our society.
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi
Touro Law Review
No abstract provided.
Amenazado En Venezuela, En Espera En Ee.Uu., Hernan Goicochea, Juan Garcia
Amenazado En Venezuela, En Espera En Ee.Uu., Hernan Goicochea, Juan Garcia
Capstones
Venezolano activista luchó para combatir el sida en su país, huyo de las amenazas del gobierno venezolano, y está buscando asilo político en los Estado Unidos.
https://theinformantes.home.blog/2018/12/13/amenazado-en-venezuela-en-espera-en-ee-uu/
The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye
The Ebola Virus Prevention And Human Rights Implications, Florence Shu-Acquaye
University of Massachusetts Law Review
The Ebola virus and its now infamous 2014 West African outbreak have constituted the deadliest and most terrifying epidemic of recent memory. Not only does the epidemic now carry an already ghastly backdrop in the public mind when discussions around it begin, but, like the AIDS epidemic, cultural practices have contributed to the entrenchment of Ebola in Africa, compounded by weak human rights laws and stigmatization, all of these factors having contributed to the multi-faceted and complex nature of addressing the problem of eliminating this disease in Africa. This article examines the African countries that have been plagued by the …
Services And Resources For People Living With Hiv/Aids In The Southcoast Of Massachusetts: “Can’T Get There From Here!”, Jason Potter Burda, Margaret B. Drew, Caitlin M. Stover
Services And Resources For People Living With Hiv/Aids In The Southcoast Of Massachusetts: “Can’T Get There From Here!”, Jason Potter Burda, Margaret B. Drew, Caitlin M. Stover
Faculty Publications
Fall River and New Bedford, two diverse and economically challenged cities in the Southcoast region of Massachusetts, are areas of substantial concern in the effort to reduce HIV incidence and to provide effective services for people living with HIV/AIDS in the Commonwealth. In these two communities, HIV disparately impacts marginalized populations, with particularly high infection and prevalence rates among men who have sex with men and injection drug users in comparison to other Massachusetts localities. This project used community engaged research principles to conduct a community assessment guided by the social determinants of health. The primary goal of this study …
Trending @ Rwu Law: Brittani Mulholland's Post: Alternative Spring Break's Biggest Year Yet!: 03/04/2016, Brittani Mulholland
Trending @ Rwu Law: Brittani Mulholland's Post: Alternative Spring Break's Biggest Year Yet!: 03/04/2016, Brittani Mulholland
Law School Blogs
No abstract provided.
Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman
Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article explores how AIDS activists, desperate for access to potentially life-saving pharmaceuticals, permanently transformed America’s “drug constitution.” Their advocacy altered the FDA’s interpretation and application of the federal Food, Drug, and Cosmetic Act (FDCA) so as to expedite the availability of new, unproven drugs for critical illnesses, thus enhancing individual patients’ autonomy to make therapeutic choices without government interference.The FDCA is more than simple set of instructions to a federal agency — it is a source of vitally important and deeply entrenched institutional and normative frameworks. Like major civil rights, antitrust, and environmental statutes, the FDCA should be viewed …
Adjudicating Risk: Aids, Crime, And Culpability, Aziza Ahmed
Adjudicating Risk: Aids, Crime, And Culpability, Aziza Ahmed
Faculty Scholarship
The AIDS epidemic continues to pose significant public health challenges, especially given that the spread of the virus outpaces the AIDS response.1 Importantly, HIV continues to disproportionately impact socially and economically marginalized communities. In countries with concentrated epidemics,2 it is racial minorities, sex workers, men who have sex with men, and drug users who face the brunt of the epidemic.3 In the United States, the data is startling4 : 44% of new infections were among African-Americans, and among African-Americans contracting HIV, 57% were among gay and bisexual men.5 In 2016, the CDC found that one …
Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich
Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich
Faculty Scholarship
As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …
Aids: A Legal Epidemic?, Robert S. Burns
Aids: A Legal Epidemic?, Robert S. Burns
Akron Law Review
The purpose of this comment is to provide the legal community with a comprehensive consideration of some of the major legal implications of AIDS. While the knowledge about AIDS at present is limited, it is nonetheless hoped that this comment will serve as a catalyst for other legal writers to consider the myriad legal problems involved with this serious new disease.
This comment will be divided into two major sections. First, the history, effects, and potential causes of AIDS will be explored in an effort to provide a framework for future analysis. Second, the legal implications of AIDS will be …
Blood Donation: A Gift Of Life Or A Death Sentence?, Sharon L. Dieringer
Blood Donation: A Gift Of Life Or A Death Sentence?, Sharon L. Dieringer
Akron Law Review
Anyone who has AIDS is a victim. If AIDS produces a victim then who is the perpetrator? AIDS can be transmitted through intimate sexual contact, by sharing contaminated needles, via infected blood or blood products, and through passage of the virus from infected mothers to their newborns.
This comment will concentrate on transmission through infected blood or blood products, and the blood donor. The discussion will focus on the civil and criminal liabilities of a blood donor with the AIDS virus.
United States V. Moore: Aids And The Criminal Law: The Witch Hunt Begins, Robert Louis Stauter Md., J.D.
United States V. Moore: Aids And The Criminal Law: The Witch Hunt Begins, Robert Louis Stauter Md., J.D.
Akron Law Review
The United States v. Moore opinions written by Federal District Judge Diana E. Murphy and Circuit Judge Timbers reveal a fundamental misunderstanding of the disease process of AIDS. The purpose of this article is to help the reader critically analyze these court opinions. To facilitate this discussion the article will first provide the reader with some very basic, yet very technical, vocabulary used by medical specialists who care for and study patients with AIDS.
Chalk V. United States District Court Central District Of California: A Major Victory For Aids Employees Under The Federal Rehabilitation Act Of 1973, Janet A. Michael
Chalk V. United States District Court Central District Of California: A Major Victory For Aids Employees Under The Federal Rehabilitation Act Of 1973, Janet A. Michael
Akron Law Review
This note will first review the facts of Chalk v. United States District Court Central District of California and will present a broad overview of AIDS, outlining current medical knowledge of the disease. Second, this note will analyze the Rehabilitation Act, examining regulations, legislative history, and case law interpreting the Act. Finally, this note will analyze the impact of Chalk on future employment cases.
Prevention, Not Prejudice: The Role Of Federal Guidelines In Hiv-Criminalization Reform, Sarah J. Newman
Prevention, Not Prejudice: The Role Of Federal Guidelines In Hiv-Criminalization Reform, Sarah J. Newman
Northwestern University Law Review
Thirty-four states and two U.S. territories have criminal statutes that specifically impose criminal liability for HIV transmission, exposure, or nondisclosure. With possible sentences ranging up to thirty years, these statutes have even provided the basis for convicting HIV positive individuals who never actually transmitted the virus. To address the unreasonable prosecutions of these individuals, Representative Barbara Lee of California introduced the Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act (REPEAL Act) to the U.S. House of Representatives on September 23, 2011. If passed, the REPEAL Act would require a systematic review of these statutes and the development …
Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed
Trafficked? Aids, Criminal Law And The Politics Of Measurement, Aziza Ahmed
Faculty Scholarship
Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking, advocates known as abolitionists argue instead for the criminalization of the purchase of sex.
Global health governance institutions are porous to these competing ideas and ideologies. This article first historicizes the contestation between harm-reduction and abolition in global governance on health. The paper then turns to a …
The Hybrid Horseman Of The Apocalypse: The Global Aids Pandemic & The North-South Fracas, J.M. Spectar
The Hybrid Horseman Of The Apocalypse: The Global Aids Pandemic & The North-South Fracas, J.M. Spectar
Georgia Journal of International & Comparative Law
No abstract provided.
African Aids Crisis: Implications From The Rise Of Managed Care In South Africa, J. Christopher Driver
African Aids Crisis: Implications From The Rise Of Managed Care In South Africa, J. Christopher Driver
Georgia Journal of International & Comparative Law
No abstract provided.
Armed To The Teeth: The Use Of A Person's Mouth, Teeth, Or Body As A Dangerous Instrument For Aggravated Offenses, Vincent J. Costa
Armed To The Teeth: The Use Of A Person's Mouth, Teeth, Or Body As A Dangerous Instrument For Aggravated Offenses, Vincent J. Costa
Touro Law Review
No abstract provided.
Can Condoms Be Compelling? Examining The State Interest In Confiscating Condoms From Suspected Sex Workers, Meghan Newcomer
Can Condoms Be Compelling? Examining The State Interest In Confiscating Condoms From Suspected Sex Workers, Meghan Newcomer
Fordham Law Review
Confiscating condoms from suspected sex workers leaves them at risk for HIV/AIDS, other sexually transmitted diseases, and unwanted pregnancy. Yet, police officers in New York, Washington, D.C., and Los Angeles collect condoms from sex workers to use against them as evidence of prostitution. Sometimes, the condoms are taken solely for the purpose of harassment. These actions put sex workers at risk of contracting sexually transmitted diseases because they may continue to engage in sex work without using protection.
In the landmark case of Griswold v. Connecticut, the U.S. Supreme Court established a fundamental privacy right in the use and …
Fda And The Rise Of The Empowered Consumer, Lewis Grossman
Fda And The Rise Of The Empowered Consumer, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article traces the still-evolving view of consumers of FDA-regulated products as capable, rational, and rights-bearing decision makers. It also examines the corresponding diminution of FDA’s role as a paternalistic gatekeeper collaborating with medical and scientific experts to prevent products and manufacturer-provided information from reaching the public. Compared with their 1960s counterparts, today’s consumers of food and drugs have far greater freedom to make unmediated choices among a wider variety of products, guided by a relative deluge of labeling and advertising information. Moreover, food and drug regulation, once the exclusive domain of bureaucrats and experts, has become a focus of …