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Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris Jan 1995

Public Health, Aids Exceptionalism And The Law, 27 J. Marshall L. Rev. 251 (1994), Scott Burris

UIC Law Review

No abstract provided.


Hiv/Aids Health Care Industry Liability: An Annotated Bibliography, 27 J. Marshall L. Rev. 513 (1994), John R. Austin Jan 1995

Hiv/Aids Health Care Industry Liability: An Annotated Bibliography, 27 J. Marshall L. Rev. 513 (1994), John R. Austin

UIC Law Review

No abstract provided.


An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien Jan 1995

An Argument For The Inclusion Of Children Without Medicare, Raymond C. O'Brien

Scholarly Articles

No abstract provided.


Nafta: The Latest Gun In The Fight To Protect International Intellectual Property Rights, Karen Kontje Waller Jan 1995

Nafta: The Latest Gun In The Fight To Protect International Intellectual Property Rights, Karen Kontje Waller

Penn State International Law Review (1982 - 2011)

No abstract provided.


Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin Jan 1995

Lawyer Distress: Alcohol-Related Problems And Other Psychological Concerns Among A Sample Of Practicing Lawyers, Connie J.A. Beck, Bruce D. Sales, G. Andrew H. Benjamin

Journal of Law and Health

The findings of the research reported in this study, in conjunction with earlier studies, suggest that the professional and the personal well-being of lawyers is in serious jeopardy. Lawyers are working more, reducing vacation time, spending less time with family members, are prone to alcohol abuse, and face high levels of psychological distress. The combination of elements suggests an impending crisis for lawyers' family lives. Although the data are not sufficient to suggest that psychological distress has detrimentally affected the lawyers' ability to practice competently, the warning signs are present. Further empirical study may well reveal that lawyer distress is …


Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall Jan 1995

Confusion In The Courts: What To Do With Hiv-Positive And Aids-Infected Public Employees , Erika J. Crandall

Journal of Law and Health

This paper is divided into five sections. Part one deals with background information on AIDS. Part two discusses current federal legislation. Part three examines how AIDS falls under federal legislation and case law, including the resulting impact of hiring AIDS-infected individuals. Part four evaluates possible violations of the Fourth Amendment resulting from the federal legislation and from an employer's mandatory testing of employees for the HIV virus. The last section discusses the government's liability when a public employee transmits AIDS to another individual during the course of employment.


Global Ostracism Of Hiv-Positive Aliens: International Restrictions Barring Hiv-Positive Aliens, Sarah N. Qureshi Jan 1995

Global Ostracism Of Hiv-Positive Aliens: International Restrictions Barring Hiv-Positive Aliens, Sarah N. Qureshi

Maryland Journal of International Law

No abstract provided.


Aids In Public Schools: Resolved Issues And Continuing Controversy, Sandra E. Mcnary-Keith Jan 1995

Aids In Public Schools: Resolved Issues And Continuing Controversy, Sandra E. Mcnary-Keith

The Journal of Law and Education

No abstract provided.


The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso Jan 1995

The Saga Of Indigenous Peoples In Brazil: Constitution, Law And Policies, L. Roberto Barroso

St. Thomas Law Review

In 1979, when the military rule in Brazil was coming to an end, I dedicated some of my time to student political activity supporting the return of democracy. Several students used to show their political beliefs by posting banners on the windows of their cars. I had several in my car. One of them, probably the one that raised the most curiosity, read: "For the demarcation of indigenous lands." It was very charming, but none of us knew exactly its real meaning and implications. As far as I can remember, that was the first time I ever cared about Indians. …


Hiv, Aids & Job Discrimination: North Carolina Failure And Federal Redemption, Jeremy Mckinney Jan 1995

Hiv, Aids & Job Discrimination: North Carolina Failure And Federal Redemption, Jeremy Mckinney

Campbell Law Review

This Comment explores the origin and effect of the ADA on AIDS related discrimination law in North Carolina. First, the Comment provides an overview of the disease, the discrimination behind it, and the past efforts to confront the problem. In particular, the Comment details how the federal government and most states moved to respond to AIDS discrimination and how simultaneously North Carolina's government stripped most victims of AIDS discrimination of their day in court. The Comment then describes the ADA, its application to AIDS discrimination, and how the ADA contrasts with North Carolina's response to AIDS discrimination.


Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D. Jan 1995

Medical Concerns About Physician-Assisted Suicide, Peter M. Mcgough, M.D.

Seattle University Law Review

The November 8, 1994 passage of Oregon's Measure 16, which permits physicians to comply with the request of a competent adult patient with less than six months to live for a prescription for lethal drugs, has intensified the debate over the legalization of physician-assisted suicide following the defeats of similar initiatives in Washington and California. Subsequent legal challenge to Measure 16 and the present preliminary injunction3 has shown that passage and popularity of a public initiative does not ensure its legality. The issue of physician-assisted suicide is most likely headed for the United States Supreme Court. This Article is intended, …


The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin Jan 1995

The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin

Maryland Law Review

No abstract provided.


Significant Risk Concept Justifies Practice Restrictions Of An Hiv-Infected Surgeon, Patricia M. Bailey Jan 1995

Significant Risk Concept Justifies Practice Restrictions Of An Hiv-Infected Surgeon, Patricia M. Bailey

Villanova Law Review (1956 - )

No abstract provided.


Hiv Employment Discrimination In Air Transportation, Brian C. Mccormack Jan 1995

Hiv Employment Discrimination In Air Transportation, Brian C. Mccormack

Journal of Air Law and Commerce

No abstract provided.


The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos Jan 1995

The Aids Epidemic And Health Care Reform, 27 J. Marshall L. Rev. 279 (1994), William A. Bradford Jr., Michelle A. Zavos

UIC Law Review

No abstract provided.


Personal Torts, Frank L. Branson Jan 1995

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.


Medical Futility And The Social Contract (Who Are The Real Doctors On Howard Brody's Island?), Stuart J. Youngner Jan 1995

Medical Futility And The Social Contract (Who Are The Real Doctors On Howard Brody's Island?), Stuart J. Youngner

Seton Hall Law Review

No abstract provided.


Cautious Defense: Should I Be Afraid To Guard You? (Mandatory Aids Testing In Professional Team Sports), Paul M. Anderson Jan 1995

Cautious Defense: Should I Be Afraid To Guard You? (Mandatory Aids Testing In Professional Team Sports), Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


Tuberculosis And The Power Of The State: Toward The Development Of Rational Standards For The Review Of Compulsory Public Health Powers, Lawrence O. Gostin Jan 1995

Tuberculosis And The Power Of The State: Toward The Development Of Rational Standards For The Review Of Compulsory Public Health Powers, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article uses tuberculosis as the paradigm for exploring rational standards for the exercise of compulsory public health powers. Extant doctrine in disability and constitutional law provides a lens for examining judicial review of state interventions. The author first sets out the central epidemiological and biological aspects of tuberculosis to demonstrate the strength of the governmental interest in curtailing the epidemic. Second, he examines the interventions of testing, screening, and confinement of persons with tuberculosis, where he focuses on two congregate settings--correctional and health care facilities--that present substantial health risks and are principal foci for the exercise of state intervention. …


The Health Care Proxy And The Narrative Of Death, Steven I. Friedland Jan 1995

The Health Care Proxy And The Narrative Of Death, Steven I. Friedland

Journal of Law and Health

This article is divided into three sections. After this introduction, section II features a brief history of the narrative of death, explores the role of heroism in the death narrative, described the "miracles" of modern medicine, and analyzes some of the resulting adverse transformations wrought by the advances. The transformations include the unrealistic expectations of longevity and obsession with youthfulness, the removal of death from the personal realm, and the change in the nature of death. Section III examines the legal apparatus erected to meet the issues created by the medical advances, including the redefinition of death, and Constitutional, common …


The Effect Of Nafta (And Gatt) On Animal Health Laws And Regulations, J. W. Looney Jan 1995

The Effect Of Nafta (And Gatt) On Animal Health Laws And Regulations, J. W. Looney

Oklahoma Law Review

No abstract provided.


The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain Jan 1995

The Emergence Of Diversity: Differences In Human Rights Jurisprudence, Fionnuala Ni Aolain

Fordham International Law Journal

This Article documents the patterns of judicial divergence in the area of non-derogable rights. It examines the increased conservatism of the European Court of Human Rights relative to other international bodies in one specific area; the interpretation and protection of human rights violations in situations of emergency. This Article explores the responses of international courts and tribunals to situations where states have limited the exercise of their citizens' rights as a result of political crisis. These limitations are examined in relation to the agreed obligations of states to protect rights when they sign human rights treaties. Part I looks …


Troubled Waters: Population And Water Scarcity, Pamela Leroy Jan 1995

Troubled Waters: Population And Water Scarcity, Pamela Leroy

Colorado Environmental Law Journal

No abstract provided.


The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey Jan 1995

The Risk Of Domestic Violence And Women With Hiv Infection: Implications For Partner Notification, Public Policy, And The Law, Karen H. Rothenberg, Stephen Paskey

Journal Articles

No abstract provided.


The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin Jan 1995

The Resurgent Tuberculosis Epidemic In The Era Of Aids: Reflections On Public Health, Law, And Society, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The resurgence of tuberculosis and the rise in drug-resistant cases is neither inexplicable nor unexpected, but rather is the predictable outcome of a complex configuration of biological, social, and behavioral factors that have converged in America over the past decade. This article examines the biological, social, and behavioral causes of the epidemic, and suggests a comprehensive public health strategy for curtailing tuberculosis and other infectious diseases. When thoughtfully conceived, public health strategies can be implemented that are consistent with the limitations that both constitutional law and disability law place on the authority of the state. While traditional concepts of public …


Update On Occupational Stress Disorders, Daniel J. Freedenburg M.D. Jan 1995

Update On Occupational Stress Disorders, Daniel J. Freedenburg M.D.

University of Baltimore Law Forum

No abstract provided.


Country/Region Reports -- United States Of America, Linda A. Malone Jan 1995

Country/Region Reports -- United States Of America, Linda A. Malone

Faculty Publications

No abstract provided.


Medical Futility Judgments: Discriminating Or Discriminatory?, Giles R. Scofield Jan 1995

Medical Futility Judgments: Discriminating Or Discriminatory?, Giles R. Scofield

Seton Hall Law Review

No abstract provided.


Medicine, Death, And The Criminal Law, George J. Annas Jan 1995

Medicine, Death, And The Criminal Law, George J. Annas

Faculty Scholarship

Errors in medicine are common and are at least partly responsible for the deaths of 180,000 patients a year. There is increasing concern about medical errors and the steps that should be taken to prevent them.Until recently, hospitals have addressed errors after the fact, through mortality and morbidity conferences, incident reports, and the like, rather than before the fact, through attention to systems defects and prevention. Likewise, medical-malpractice litigation can be filed only after an injury has occurred. Malpractice litigation is intended to create incentives to improve the quality of medical care by making physicians and hospitals accountable for their …


Comment: Federalizing Organized Crime, Vaughn R. Walker Jan 1995

Comment: Federalizing Organized Crime, Vaughn R. Walker

UC Law Journal

No abstract provided.