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Health Law and Policy

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Selected Works

2012

AIDS

Articles 1 - 3 of 3

Full-Text Articles in Law

Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom Nov 2012

Suturing A Torn System: How To Reduce Discrimination Against Hiv-Positive Medical Care Workers, Scott M. Engstrom

Scott M Engstrom

Although HIV has qualified as a disability under the Americans with Disabilities Act (“ADA”) ever since the Supreme Court’s 1998 decision in Bragdon v. Abbott, the ADA’s “direct threat” defense has been broadly used and interpreted expansively. Although many sub-categories of individuals with HIV have meritorious legal issues that demand analysis, the complexities of the medical profession coupled with HIV’s stigma have rendered confidentiality and disclosure issues ripe in that field. For the purpose of this note I have grouped together all individuals who provide medical services into a class which I call “Medical Care Workers” or “MCWs.” More specifically, …


Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet May 2012

Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet

Wendy E. Parmet

This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.


Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet May 2012

Aids And Quarantine: The Revival Of An Archaic Doctrine, Wendy E. Parmet

Wendy E. Parmet

This Article, written in the early years of the AIDS epidemic, explored the historical evolution of the law of quarantine in an attempt to uncover its development through prior understandings of disease, science, and the relationship between the individual and the state. The Article then took initial steps toward placing the law of quarantine in the context of the then-current legal doctrine and analyzing its applicability to the early stages of the AIDS epidemic.