Digital Commons Network^™

Getting To Market: The Scientific And Legal Climate For Developing An Aids Vaccine, Wendy K. Mariner, Robert C. Gallo

Faculty Scholarship

Expectations of a vaccine to prevent acquired immunodeficiency syndrome (AIDS) are rising. Not only are the prospects for an effective immunogen improving, but immunization appears to hold the greatest promise for halting the spread of infection and disease.' Identification of the causal agent-the retrovirus called HTLV-III, LAV, or generically, HIV (human immunodeficiency virus)-has provided the direction and limited the options for containing the disease.

Prevention is, of course, critical where the disease must be presumed to be fatal in all cases. Although there is no clear evidence that any single exposure to HIV will result in infection or disease, prudence …

Federal Regulation Of Agricultural Biotechnologies, Thomas O. Mcgarity

University of Michigan Journal of Law Reform

Part I of this Article describes some of the risks and benefits of newly emerging agricultural biotechnologies. After discussing, in Part II, the role of federal agencies in regulating agricultural biotechnologies, Part III of the Article proposes elements for an adequate regulatory regime. Part IV then measures the existing legal authorities, as implemented by the USDA and the EPA, against the ideal elements. Part V examines the willingness of these agencies to regulate. Finally, Part VI suggests changes that can be made in the current regulatory regime to bring about more effective regulation and to enhance public trust in regulatory …

Tolerance Theory And The First Amendment, James L. Oakes

Michigan Law Review

A Review of The Tolerant Society: Free Speech and Extremist Speech in America by Lee C. Bollinger

The Right To Medical Treatment, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Rush To Judgment: Hiv Test Reliability And Screening, Taunya Lovell Banks, Roger R. Mcfadden

Faculty Scholarship

No abstract provided.

Federal And State Handicapped Discrimination Laws: Toward An Accommodating Legal Framework, Michael J. Kaufman

Loyola University Chicago Law Journal

No abstract provided.

The Right To Treatment For Developmentally Disabled Persons: Reassessment Of An Evolving Legal And Scientific Interface, Michael J. Williams

North Dakota Law Review

No abstract provided.

Ramussen V. South Florida Blood Service: The Balance Between Blood, Privacy, And The Need To Know, 20 J. Marshall L. Rev. 823 (1987), Joseph A. Durkin

UIC Law Review

No abstract provided.

Torts, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

During the 1986 Survey year, a number of cases of interest to practitioners were decided by the courts of New York. There have been several new legislative enactments which will also have a direct impact upon the practice of tort law. These enactments are analyzed elsewhere in this Survey volume. Following past practice, cases of the greatest significance will be highlighted, as well as those oddities which make tort law a stage for the human comedy.

Utah Restaurants Association V. Salt Lake Board Of Health : Brief Of Respondent, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE RICHARD H. MOFFAT, DISTRICT COURT JUDGE PRESIDING

International Law And National Security, Arthur J. Goldberg

UC Law Constitutional Quarterly

No abstract provided.

Aids Law: Impact Of Aids On American Schools And Prisons, The , Elizabeth B. Cooper

Faculty Scholarship

The American public largely has responded with fear and hostility rather than with knowledge and compassion to the presence of Acquired Immune Deficiency Syndrome ("AIDS") in society. Although our reactions are changing as we learn more about the syndrome and its causitive virus, some people continue to characterize AIDS as a well-deserved punishment of those groups most often afflicted with AIDS: gay men and intravenous drug users. Many people also persist in their erroneous beliefs that AIDS can be spread through casual contact. Although much remains to be learned about AIDS, there already exists an abundance of information upon which …

Utah Restaurants Association V. Salt Lake Board Of Health : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT SALT LAKE CITY-COUNTY BOARD OF HEALTH

The Future Of Public Health Law, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Developments in medicine and constitutional law dictate modification of public health legislation in the United States. Traditionally overlooked by legislators, present public health laws provide inadequate decision-making criteria and inappropriate procedures for dealing with issues. Revised legislation should provide health care officials and agencies with the tools to balance individual rights against public health necessities. This article makes four recommendations for legislative reform: (1) remove artificial legislative distinction between venereal and other communicable diseases; (2) provide criteria defining "public health necessity" to limit discretionary exercise of police power by health officials; (3) provide strong confidentiality protections in the collection and …

The Developing Law On Aids In The Workplace , Jana Howard Carey, Megan M. Arthur

Maryland Law Review

No abstract provided.

Foreword: Public Health & The Law—A Symposium Dedicated To Professor William J. Curran, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Public Health & the Law, a symposium dedicated to Professor William J. Curran held in 1987.

During his career, Professor Curran chaired the Harvard School of Public Health Committee on Human Research; he directed the Program in Law and Public Health; and he was co-director of the Harvard Interfaculty Program in Medical Ethics from 1973 to 1980. He was also an advisor to the World Health Organization and spent two sabbatical periods in Europe with WHO organizations. He advised and lectured in countries throughout the world.

At Harvard Law School and at …

Board Of Cosmetology, R. Hutak

California Regulatory Law Reporter

No abstract provided.

Board Of Dental Examiners, E. Beazley

California Regulatory Law Reporter

No abstract provided.

The Rutabaga That Ate Pittsburgh: Federal Regulation Of Free Release Biotechnology, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

When the Environmental Protection Agency (EPA) first approved a field test of a bioengineered microbe,' one EPA official remarked: "We're not expecting this to be the rutabaga that eats Pittsburgh.' 2 But regulators cannot afford to be wrong. Bioengineered microbes may serve many useful purposes, but they may also cause harm to the environment and to human health.3 Although the risks of an accident stemming from the deliberate release of bioengineered microbes into the environment may be low, the resulting damage could be substantial. This note examines the possible consequences of two recent trends in biotechnology-the development of bioengineered microbes …

The Necessary Complement To Mandatory Immunizations: A National Vaccination Compensation Program, Barbara J. Connolly

Cardozo Law Review

No abstract provided.

The Aids Dilemma: Public Health V. Criminal Law, Susan Mcguigan

Minnesota Journal of Law & Inequality

No abstract provided.

Depaul Law Magazine, Fall 1986

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Hospital And Blood Bank Liability To Patients Who Contract Aids Through Blood Transfusions, Robert C. Greif

San Diego Law Review

This Comment examines the possible theories of recovery available to persons who contract AIDS through blood transfusions. The author examines the medical and statistical data regarding AIDS and how this data may affect liability and recovery under the theories of negligence, strict products liability, and breach of implied warranty. The author concludes that negligence provides the only viable means of recovery for transfusion-infected persons.

Something There Is That Doesn't Love A Wall: Reflections On The History Of North Carolina's Religious Test For Public Office, Gary R. Govert

North Carolina Law Review

No abstract provided.

Introduction To Religion And The State, Gene R. Nichol

William & Mary Law Review

No abstract provided.

The Education For All Handicapped Children Act: Coverage Of Children With Acquired Immune Deficiency Syndrome (Aids), Nancy Lee Jones

The Journal of Law and Education

No abstract provided.

Artificial Nutrition And The Terminally Ill: How Should Washington Decide?, Jacquelyn A. Beatty

Washington Law Review

This Comment demonstrates that artificial nutrition and hydration are life-sustaining treatments which all patients have a right to forego under Washington's common law, state constitution, and NDA. Countervailing state interests do not compel a contrary result. Moreover, artificial nutrition and hydration do not require the preclusion of surrogate decisionmaking already recognized by Washington in the life-sustaining treatment context. However, since current judicial guidelines for surrogate-made decisions are inadequate, this Comment concludes by proposing substantive guidelines for such decisions.

An Overview Of Health Law Research And An Annotated Bibliography, Richard A. Danner, Claire M. Germain

Cornell Law Faculty Publications

No abstract provided.

Aids: Does It Qualify As A Handicap Under The Rehabilitation Act Of 1973, Gregory M. Shumaker

Notre Dame Law Review

No abstract provided.

Amy G. Robinson V. Intermountain Health Care, Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM THE JUDGMENT Of THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY HONORABLE JAMES S. SAWAYA, JUDGE