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Full-Text Articles in Law
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 …
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 …
Lessons From A Plague, Max D. Siegel
Lessons From A Plague, Max D. Siegel
Student Articles and Papers
This Article argues that we ought to examine this country’s early AIDS crisis for lessons on addressing HIV in the twenty-first century and to improve the ongoing social movement of sexual minorities in the United States. In the 1980s and early 1990s, AIDS focused sexual minorities’ advocacy efforts as both liberationists working to deregulate sexuality and integrationists seeking entrance to heterosexual privilege recognized that their agendas needed to account for this new crisis. Over time, a liberationist response to AIDS emerged and dominated the social movement because sexual minorities needed to publicly defend their differences in order to stay alive. …
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Abbott, Aids, And The Ada: Why A Per Se Disability Rule For Hiv/Aids Is Both Just And A Must, Scott Thompson
Publications
HIV/AIDS should be classified as a per se disability under the Americans with Disablities Act. Such a ruling is justified by the plain language of the act itself, legislative history, administrative regulations, and court precedent. Absent such a ruling, individuals with HIV must demonstrate that they have (1) an mental or physical impairment, (2) that substantially limits (3) a major life activity. While most courts to address the applicability of the ADA to individuals with HIV/AIDS have found that such individuals are disabled because HIV impairs the major life activity of reproduction, such an interpretation leaves open the possibility that …
Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks
Women And Aids - Racism, Sexism, And Classism, Taunya L. Banks
Faculty Scholarship
No abstract provided.