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Full-Text Articles in Law

Hearing On Ab 2900: Testing Applicants For Health Insurance For H.I.V. Infection, Senate Committee On Health And Human Services Oct 1988

Hearing On Ab 2900: Testing Applicants For Health Insurance For H.I.V. Infection, Senate Committee On Health And Human Services

California Senate

No abstract provided.


Health Omnibus Aids Bill, M. Severson Sep 1988

Health Omnibus Aids Bill, M. Severson

Georgia State University Law Review

The Act comprises a comprehensive package of legislation relating to AIDS. In general, the Act provides procedures and standards for HIV testing in both the criminal and civil contexts; delineates the requirements for confidentiality and counseling regarding AIDS information; provides criminal sanctions for HIV-infected individuals who know they are infected but fail to inform either their sexual partners or those with whom they share needles or syringes; requires the receipt of an AIDS information brochure prior to issuance of a marriage license; and defines HIV as contagious.


A Crisis In Insurance, Benjamin Lipson Jan 1988

A Crisis In Insurance, Benjamin Lipson

New England Journal of Public Policy

As the life and health insurance industry evaluates its long-term financial goals, the cloud of Black Monday — October 19, 1987, the day the stock market collapsed — blurs its cherished investment income projections. With investment portfolios under siege, mutual life insurance companies and stock companies alike are wary of making policy-pricing miscalculations that could prove to be disastrous. As if that weren't enough, one single disease — acquired immunodeficiency syndrome — looms as the most serious threat to life and health insurers for the remainder of this century. The spread of the new disease has caused insurers to adjust …


The Aids Epidemic: A Prism Distorting Social And Legal Principles, Alec Gray Jan 1988

The Aids Epidemic: A Prism Distorting Social And Legal Principles, Alec Gray

New England Journal of Public Policy

The AIDS epidemic is affecting American society in far-reaching and unexpected ways. It touches our institutions, our value systems, and our private lives. Social issues seem to change and become distorted by the epidemic 's prismlike effect. This article examines some of the major public health issues raised by the epidemic, ranging from testing to contact tracing and quarantine. It argues that while the civil rights of individuals may have to be sacrificed to stem the spread of the disease, those rights should not be abandoned unless a clear benefit to the public health would result.

Issues of discrimination in …


A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr. Jan 1988

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.

University of Richmond Law Review

Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).


Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney Jan 1988

Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney

University of Richmond Law Review

The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.


Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus Jan 1988

Aids And The Law: Setting And Evaluating Threshold Standards For Coercive Public Health Intervention, Eric S. Janus

Faculty Scholarship

This article examines in detail an example of legislation that redefines the scope of permissible public health intervention and provides procedural protections compatible with modern precedent—the Minnesota Health Threat Procedures Act. This Act is an appropriate subject for close study because it is intended to be responsive to the general concerns raised by the commentators: the narrowing redefinition of the scope of coercive public health intervention and the addition of suitable procedural protections. Coercive public health legislation merits close attention because it inevitably invokes a clash of three important values. The purpose of the legislation is the protection of the …