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Series

Legislation

2012

University of Pennsylvania

Articles 1 - 2 of 2

Full-Text Articles in Law

The Challenges Of Hiv/Aids Criminal Legislation In Botswana, Zein Kebonang Mar 2012

The Challenges Of Hiv/Aids Criminal Legislation In Botswana, Zein Kebonang

Botswana-UPenn Scholarly Publications

In an attempt to halt the spread of the HIV epidemic, the Government of Botswana amended in 1998 the country’s criminal code to provide for stiffer penalties for those charged and convicted of the offence of rape. In particular, there was to be compulsory HIV testing of perpetrators and much stiffer sentences for those who tested positive to the HIV virus. In this paper, I argue that the amendment not only vitiates the right to voluntarily submit to an HIV test, it invades the right to privacy and leads to unwarranted disclosure of confidential information. In addition, I contend ...


State Bankruptcy From The Ground Up, David A. Skeel Jan 2012

State Bankruptcy From The Ground Up, David A. Skeel

Legal Studies and Business Ethics Papers

The nineteenth-century English poet William Wordsworth famously defined poetry as the "spontaneous overflow of powerful feelings ... recollected in tranquility."1 By this definition, there is something a little poetic about the recent debate as to whether Congress should enact a bankruptcy law for states. In late 2010, as the extent of the fiscal crisis in many states became clear, a handful of commentators and politicians proposed that Congress enact a bankruptcy law for states.2 "If Congress does its part by enacting a new bankruptcy chapter for states," one advocate concluded with a somewaht hyperbolic flourish, California governor "Jerry Brown ...