Health Law and Policy Commons^™

Criminalization As A Policy Response To A Public Health Crisis, 27 J. Marshall L. Rev. 435 (1994), J. Kelly Strader

UIC Law Review

No abstract provided.

Hiv-Aids In The 1990s Aids Law Symposium: Legal, Ethical, And Policy Issues: Introduction, 27 J. Marshall L. Rev. 239 (1994), Michael L. Closen

UIC Law Review

No abstract provided.

Hiv-Specific Crime Legislation: Targetting An Epidemic For Criminal Prosecution, Erin M. O'Toole

Journal of Law and Health

A growing number of state legislatures have drafted HIV specific crime statutes which criminalize the intentional transmission of the HIV virus to another. This discussion will focus on the impact of HIV-specific crime statutes on the following issues: confidentiality, the right to privacy, the decision to submit to HIV testing, and how the statutes may or may not succeed in containing the spread of HIV.

Damage Control For Victims Of Sexual Assault—Testing The Innocent For Aids, Michael P. Bruyere

Florida State University Law Review

No abstract provided.

Treating The Mentally Disordered Offender: Society's Uncertain, Conflicted, And Changing Views, Thomas L. Hafemeister, John Petrila

Florida State University Law Review

No abstract provided.

Liability For 'Knowing' Transmission Of Hiv: The Evolution Of A Duty To Disclose, Jody B. Gabel

Florida State University Law Review

No abstract provided.

Note, Give Me Liberty Or Give Me Silence: Taking A Stand On Fifth Amendment Implications For Court-Ordered Therapy Programs, Jessica Wilen Berg

Faculty Publications

No abstract provided.

Criminalization Of An Epidemic: Hiv-Aids And Criminal Exposure Laws, Michael L. Closen, Mary Anne Bobinski, Donald H.J. Herman, John F. Hernandez, Gene P. Schultz, J. Kelly Strader

Faculty Articles

Unfortunately, the HIV-AIDS epidemic is still out of control. According to federal esti­mates, another American becomes infected with HIV every thirteen minutes; consequently, eight people in the United States will contract HIV during the course of this program. Many individuals have been prosecuted and convicted for exposing others to HIV and in rare circum­stances for actually transmitting HIV to others. These cases have involved activities such as bit­ing, spitting, throwing bodily substances, and sexual conduct.

Serious questions have been raised about some of the prosecutions as well as the HIV-specific criminal statutes which have been adopted. This discussion will address …

The Death Penalty: A Solution To The Problem Of Intentional Aids Transmission Through Rape, 26 J. Marshall L. Rev. 941 (1993), Stefanie S. Wepner

UIC Law Review

No abstract provided.

Jails And Prisons – Reservoirs Of Tb Disease: Should Defendants With Hiv Infection (Who Cannot Swim) Be Thrown Into The Reservoir?, Faith Colangelo, Mariana Hogan

Articles & Chapters

No abstract provided.

Turning Back The Clock On Sexual Abuse Of Children: Amending Virginia's Statute Of Limitations, Paul A. Lombardo

Faculty Publications By Year

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Brock V. State: The Aids Virus As A Deadly Weapon, 24 J. Marshall L. Rev. 677 (1991), Timothy P. Martin

UIC Law Review

No abstract provided.

A Proposal To Illinois Legislators: Revise The Illinois Criminal Code To Include Criminal Sanctions Against Prenatal Substance Abusers, 23 J. Marshall L. Rev. 393 (1990), Kathryn Schierl

UIC Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Executive Order 12,564: Toward A Drug-Free Federal Workforce, Robert M. Kruger

Journal of Law and Health

For all of these reasons, the President issued an Executive Order on September 15, 1986, designed to achieve a drug-free federal workplace. Consistent with the President's views, it focuses on helping, not punishing, drug users. Time does not permit me to go into each of the Order's provisions in great detail. I would, however, like to offer an overview of the major provisions of the Order. In deference to the occasion, I will concentrate on the provisions of the Order which authorize the use of drug testing to achieve that objective. The Executive Order calls upon "agency heads," the chief …

Aids: Testing Democracy - Irrational Responses To The Public Health Crisis And The Need For Privacy In Serologic Testing, 19 J. Marshall L. Rev. 835 (1986), Michael L. Closen, Susan Marie Connor, Howard L. Kaufman, Mark E. Wojcik

UIC Law Review

No abstract provided.

Premenstrual Syndrome As A Criminal Defense: The Need For A Medico-Legal Understanding, Candy Pahl-Smith

North Carolina Central Law Review

No abstract provided.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Dangerousness And Expertise, Christopher Slobogin

Vanderbilt Law School Faculty Publications

The defendant-first approach advocated in this Article is more difficult to implement than either the current policy admitting any proffered expert testimony or the exclusionary reform advanced by many commentators. It requires some mechanism for apprising the state when the defense intends to use clinical prediction testimony. When no such intent is registered, it demands that any other clinical testimony, whether offered by the state or the defense, be carefully monitored to insure that the dangerousness issue is not raised; it may require revamping other procedures as well.2 " But the defendant-first approach also presents the factfinder with the most …

The Insanity Plea: The Uses And Abuses Of The Insanity Defense, Michigan Law Review

Michigan Law Review

A Review of The Insanity Plea: The Uses and Abuses of the Insanity Defense by William J. Winslade and Judith Wilson Ross

Equality, "Anisonomy," And Justice: A Review Of Madness And The Criminal Law, Andrew Von Hirsch

Michigan Law Review

A Review of Madness and the Criminal Law by Norval Morris

The Hardest Drug: Heroin And Public Policy, Michigan Law Review

Michigan Law Review

A Review of The Hardest Drug: Heroin and Public Policy by John Kaplan

Observations On The Insanity Defense And Involuntary Civil Commitment In Europe, John Q. La Fond

Seattle University Law Review

There are several perspectives from which one could analyze the insanity defense and involuntary civil commitment in foreign legal systems. However, the comparative perspective on which this Essay is based focuses on: a) how foreign legal systems formulate and administer the insanity defense; b) how the power of the state is defined to civilly commit mentally ill persons; c) who makes the important decisions and when and how they are made; and d) what happens to offenders who are considered mentally ill and to others who are considered mentally ill and suitable for involuntary commitment.

The Role Of Mental Health Professionals In The Criminal Process: The Case For Informed Speculation, Christopher Slobogin, Richard J. Bonnie

Vanderbilt Law School Faculty Publications

In this article we have attempted to make the case for continued participation by appropriately qualified mental health professionals in the adjudication of reconstructive subjective issues of the criminal law. In Part I, we outlined the reasons why imprecision and speculation is and must be tolerated in doctrines of exculpation and mitigation. In Part II, we developed the case for evidentiary rules which permit "informed speculation" by qualified clinical experts so as to enable defendants to explore and present subjective defenses and assist triers of fact to assess the plausibility and significance of such claims. We recognize that many mental …

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

Mental Illness And Criminal Commitment In Michigan, Grant H. Morris

University of Michigan Journal of Law Reform

This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …

The Affiliations Between Pennsylvania's Abortion Laws And Dying Declarations, Joseph M. Iacovitti

North Carolina Central Law Review

No abstract provided.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Disposition Of The Irresponsible: Protection Following Commitment, Travis H. Lewin

Michigan Law Review

Each year more of our fellow citizens are involuntarily committed to a mental institution of one sort or another than are incarcerated for the commission of a crime. To those committed, the walls and barred windows of the hospital, as well as the treatment and mode of living, are probably not significantly different from those of a prison. This is particularly the case with those confined for treatment by court order or by some special statutory procedure following acquittal of a crime on grounds of insanity. Yet these mentally ill, even after perpetrating what would otherwise have been a criminal …