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Articles 1 - 3 of 3
Full-Text Articles in Law
Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan
Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan
Seattle University Law Review
The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …
Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder
Seattle University Law Review
The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …
Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan
Employers Beware: The Ninth Circuit's Rejection Of The "Direct Threat To Self" Disability Discrimination Defense In Echazabal V. Chevron, Sheehan Sullivan
Seattle University Law Review
This Note will address whether the Ninth Circuit should have upheld the "direct threat to self" defense in Echazabal v. Chevron. First, the Note will introduce the "direct threat to self" debate in the context of the ADA's language, the EEOC-outlined regulatory provisions, and the case law surrounding the direct threat question. Specifically, the Note will address (1) the relationship between the ADA and the EEOC, (2) the compatiblity of the ADA with the Rehabilitation Act of 1973, and (3) the case law applying the EEOC regulations, the ADA provisions, and the Rehabilitation Act provisions. Next, the Note will …