A compilation of articles and books concerning legal issues
surrounding the AIDS Epidemic published before June 11, 1998
Arthur S. Leonard
Professor of Law
New York Law School
57 Worth Street
New York, N.Y. 10013
Table of ContentsIntroduction
General: Symposia; Medical Issues; Overviews; Legislation
Criminal Law & Corrections Issues
Domestic Relations (Family) Law
Employment Law (including Employment Discrimination)
Estate Planning & Decisionmaking
Insurance and Benefits
International & Comparative Law & Travel
Legal & Judicial Professional IssuesMental Health Law
Pediatric, Childhood and Teen AIDS
Public Health Measures (including Testing & Education)Racial & Ethnic Minorities and AIDS
Research Issues/Drug Development
Schools & Colleges
Torts (including Transmission Liability)Treatment Rights/Medical Ethics/Availability of Drugs
Women and AIDS
Introduction This bibliography lists articles on legal aspects of the AIDS epidemic in academic law reviews, barjournals, legal newspapers, and some books published from 1983 through the date indicated on the Cover.
This cannot be considered comprehensive, because so much is appearing about AIDS that it is likelysomething has escaped the compiler's attention along the way. Only articles that actually mention anddiscuss AIDS are included. Excluded are articles which generally discuss handicap discrimination law orother issues without mentioning AIDS implications, and most of the numerous articles dealing generallywith implications of the passage of the Americans With Disabilities Act but not including a significantAIDS focus. Most entries are assigned to one category, although in some cases the title made it evident that anarticle belonged in more than one category, and it was so assigned. Due to subject matter overlap, theplacement of some articles was arbitrary. Almost everything in the "General" category covers two or moreof the other categories, but many articles listed under "General" have not been listed elsewhere, since theirdiscussion of any one substantive area tends to be cursory. Many articles on handicap discrimination laware listed under "Employment Law," but researchers on this issue should also examine the "General"category.Student Articles - Beginning during the summer of 1992, student authors of notes and comments areidentified in parentheticals at the end of entries, as per the 16th edition of the Uniform System of Citation.
However, such articles are listed alphabetically under their generic description, i.e., Note, Comment, RecentDevelopment, etc. Periodical Resources In addition to articles listed, researchers should be aware of the following resources which providecontinuing coverage of AIDS issues. Articles in these publications are generally not separately listed in thefollowing bibliography:Periodicals-- AIDS Update, a newsletter published by Lambda Legal Defense & Education Fund, 666Broadway, 12th Fl., New York, N.Y. 10012. Summary of recent AIDS-related litigation and legislative andpolicy developments.-- AIDS Policy and Law, a biweekly newsletter published by BURAFF Publications, 1350 ConnecticutAve., N.W., Suite 1000, Washington, D.C. 20036. News reporting of AIDS cases, legislation, and policydebates.-- Mental & Physical Disability Law Reporter, a bimonthly journal published by the American BarAssociation. News reporting and analysis of developing HIV-related discrimination litigation.-- Lesbian/Gay Law Notes, a monthly newsletter published by the Lesbian & Gay Law Association ofGreater New York, 799 Broadway, Suite 340, New York, N.Y. 10003. News reporting on lesbian/gay andAIDS issues, with bibliographical references. $25 annually/$30 US funds overseas.-- The Exchange, a quarterly newsletter published by the National Lawyers Guild AIDS Network, 558Capp St., San Francisco, CA 94110. Each issue is devoted thematically to a particular aspect of AIDS-related law.-- AIDS & Public Policy Journal, University Publishing Group, 107 East Church St., Frederick, MD21701. Essays on public policy issues concerning AIDS. General (Symposia; Medical Issues; Overviews; Treatises)Abrams, "The AIDS Agenda," 12 Nova Law Review 969 (Spring 1988).Achtenberg (ed), Sexual Orientation and the Law, chs. 13-17 (Clark Boardman Co., Ltd., Supp. 1987);(Additional Supp. 1989)."AIDS and the Law," 20 Maryland Bar Journal No. 6 (June 1987).Aiken, Jane, "AIDS--Pushing the Limits of Scientific and Legal Thought," 27 Jurimetrics Journal 1 (Fall1986)(broad overview of frontier legal questions presented by AIDS epidemic).Aiken, Jane & Michael Musheno, "Why Have-Notes Win the HIV Litigation Arena: Socio-Legal Dynamicsof Extreme Cases," 16 Law & Policy 267 (July 1994).Aladjem, "AIDS: Mind and Body," 4 Issues in Law & Medicine 359 (Winter 1988).Albert, Graff & Schatz (eds.), AIDS Practice Manual: A Legal and Educational Guide (2nd ed. 1988).Altman, Dennis, "HIV, Homophobia, and Human Rights," 2 Health and Human Rights No. 4, 15 (1998).American Academy of Hospital Attorneys, AIDS Task Group, AIDS and the Law: Responding to theSpecial Concerns of Hospitals, American Hospital Association, November 1987 (available from AHA, 840N. Lake Shore Dr., Chicago, IL 60611).American Bar Association, AIDS: The Legal Issues, Discussion Draft of the ABA AIDS CoordinatingCommittee, August 1988 (available from ABA AIDS Coordinating Committee, 1800 M Street, N.W.,Washington, D.C. 20036, 202-331-2273).American Bar Association, "AIDS and Persons With Developmental Disabilities: The Legal Perspective,"selected excerpts, 14 Mental and Physical Disability Law Reporter No. 1, 82 (January-February 1990).American Bar Association AIDS Committee, William A. Bradford, Jr., and Michelle Zavos, "The AIDSEpidemic and Health Care Reform," 27 John Marshall Law Review 279 (Winter 1994).An Exchange of Letters on AIDS, 17 Law, Medicine & Health Care 283 (Fall 1989).Anderson, Shari, "Heartspace Memories," 3 Journal of Pharmacy & Law 1 (1994).Areen, Book Review -- Dalton, Burris & the Yale AIDS Law Project: AIDS and the Law, 86 MichiganLaw Review 1067 (May 1988).Armstrong, Book Review, "AIDS and the Law," 28 Santa Clara Law Review 463 (Spring 1988).At Issue: Is AIDS a Handicap?, ABA Journal, February 1, 1987, 38 (Contrasting views expressed byCongressman William Dannemeyer & Hellar Ann Hancock, and Nan Hunter, Esq., ACLU).Banks, Taunya Lovell, "Women and AIDS -- Racism, Sexism, and Classism," 17 New York UniversityReview of Law & Social Change 351 (1989-90).Barron, Paul, Sara J. Goldstein & Karen L. Wishnev, "State Statutes Dealing with HIV and AIDS: AComprehensive State-by-State Summary," 5 Law & Sexuality 1 (1995).Bayer, Ronald, "Between Past and Future: AIDS Policy in International Perspective," 23 New YorkUniversity Journal of International Law & Politics 1061 (Summer 1991).Blendon & Donelan, "AIDS and Discrimination: Public and Professional Perspectives," in Gostin (ed.),AIDS and the Health Care System (Yale Univ. Press, 1990).Blodgett, "Et Al.," Student Lawyer, January 1984 (Summary of early AIDS discrimination problems).Bloom, "AIDS and Moral Theory: An Inadequate Response from the World Community," 23 New YorkUniversity Journal of International Law & Politics 1069 (Summer 1991).Bopp & Gardner, "AIDS Babies, Crack Babies: Challenges to the Law," 7 Issues in Law & Medicine 3(Summer 1991).Braden, "AIDS: Dealing With the Plague," 19 Northern Kentucky Law Review 277 (Winter 1992).Branson, "The Acquired Immune Deficiency Syndrome: Information for the Attorney," 20 Maryland BarJournal No. 6, 2 (June 1987).Breen, "AIDS -- An Acquired Community Problem," 32 Medical Trial Technique Quarterly 249 (Winter1986).Breo, "Confronting AIDS," 34 Medical Trial Technique Quarterly 137 (Fall 1987) (journalistic account ofthe epidemic; adapted from Sunday newspaper feature article).Burris, Scott, Harlon Dalton & Judith Leonie Miller (eds.), AIDS Law Today: A New Guide for the Public(Yale University Press, 1993).Chambers, David L., "Gay Men, AIDS, and the Code of the Condom," 29 Harvard Civil Rights - CivilLiberties Law Review 353 (Summer 1994).Closen, Michael L., "Introduction: HIV-AIDS in the 1990s," 27 John Marshall Law Review 239 (Winter1994) (Introduction to Symposium Issue).Closen, Michael L., et al., AIDS: Cases and Materials (John Marshall Publishing Co., Houston, Texas,1989) (first law school text on AIDS).Closen, Michael L., "The Decade of Supreme Court Avoidance of AIDS: Denial of Certiorari in HIV-AIDS Cases and Its Adverse Effects on Human Rights," 61 Albany Law Review 897 (1998).Closen, Michael L. & Scott Isaacman, "HIV-AIDS and Governmental Control of Information:International Denial of Human Rights," 4 St. Thomas Law Review 107 (Spring 1992).Colby & Cook, "Epidemics and Agendas: The Politics of Nightly News Coverage of AIDS," 16 Journal ofHealth Politics, Policy and Law 215 (Summer 1991).Comment, "AIDS as a Protected Handicap Under the Civil Rights Restoration Act of 1987," 35 LoyolaLaw Review 243 (Spring 1989).Comment, "AIDS -- The Legal Implications," 9 Univ. of Arkansas at Little Rock Law Journal 641 (1986-87).Comment, "A Legal Guide for the Education of Legislators Facing the Inevitable Question: AIDS: TheProblem is Real -- What Do We Do?", 13 Journal of Contemporary Law 121 (1987).Comment, "Are AIDS Victims Handicapped?" 31 St. Louis University Law Journal 729 (September1987)(incompetent student analysis).Comment, "Associates of Persons With AIDS: What Are Their Rights?", 57 UMKC Law Review 559(Spring 1989).Comment, "Contagious Diseases Are Handicaps Under Section 504 of the Rehabilitation Act," 19 SetonHall Law Review 916 (1989).Comment, "Contagiousness and the Rehabilitation Act of 1973: School Board of Nassau County v. Arline,"14 Northern Kentucky Law Review 435 (1988).Comment, "Controlling HIV-Positive Women's Procreative Destiny: A Critical Equal Protection Analysis,"2 Seton Hall Law School Constitutional Law Journal 643 (Spring 1992).Comment, "The Application of Handicap Discrimination Law to AIDS Patients," 22 Univ. of SanFrancisco Law Review 317 (Winter 1988).Comment, "The Rights of an AIDS Victim in Wisconsin," 70 Marquette Law Review 55 (Fall1986)(broadranging coverage of tort liability, employment, insurance, concentrating on Wisconsin law).Comment, "Who Is a Qualified Individual With a Disability Under the Americans With Disabilities Act,"64 University of Cincinnati Law Review 189 (Fall 1995).Conway & Orsher, "Book Review Essay: AIDS Law in a Nutshell," 13 Journal of Legal Medicine 267 (Jun1992).Copeland, A.R., "Suicide Among AIDS Patients," 33 Medicine, Science and the Law 21 (Jan. 1993).Corboy, "AIDS: A Legal Challenge of the 1980s and Beyond," 1 Chicago Bar Record No. 5, 13 (May1987).Dalton & Burris (eds.), AIDS and the Law: A Guide for the Public (Yale University Press,1987)(comprehensive review of major AIDS legal issues)(individual chapters noted below).Decker, Scott & Richard Rosenfeld, "Intravenous Drug Use and the AIDS Epidemic: Findings From a 20-City Sample of Arrestees," 38 Crime & Delinquency 492 (October 1992).DeWolfe, Book Review, AIDS and the Law: A Guide for the Public, 38 Journal of Legal Education 480(September 1988).Dickinson, "Beyond the Moral Panic: AIDS, the Mass Media and Mass Communication Research," 15Communications [The European Journal of Communication] 21 (1990).Dolgin, Janet, "AIDS: Social Meanings and Legal Ramifications," 14 Hofstra Law Review 193 (1985).Dornette (ed.), AIDS and the Law (Wiley Law Publications, 1987)(individual chapters noted below)(2ndedition published 1992).Dorney, Linda, Book Review, "And the Band Played On - Politics, People, and the AIDS Epidemic," 3Journal of Pharmacy & Law 55 (1994).Douglas, et al., "Homophobia Among Physicians and Nurses: An Empirical Study," 36 Hospital &Community Psychiatry 1309 (December 1985) (Study of attitudes of health care personnel dealing withAIDS patients).Drass, Kriss A., Peter R. Gregware, and Michael Musheno, "Social, Cultural, and Temporal Dynamics ofthe AIDS Case Congregation: Early Years of the Epidemic," 31 Law & Society Review 267 (1997).Ducharme, Todd, "Preparing for a Legal Epidemic: An AIDS Primer for Lawyers and Policy Makers," 26Alberta Law Review 471 (1988).Dunlap, Mary C., "AIDS and Discrimination in the United States: Reflections on the Nature of Prejudicein a Virus," 34 Villanova Law Review 909 (1989).English & Gates, "Drugs and AIDS: Meeting the Health Care Needs of Women and Children," 25Clearinghouse Review 361 (1991).Ettelbrick, Paula, "Introduction: AIDS and the Law," 24 John Marshall Law Review No. 3, xiv (Spring1991)(Introduction to Symposium).Feffer, Louise H., "AIDSphobia, A New Entity," 65 New York State Bar Journal No. 2, 14 (February1993).Feldblum, Chai, "The Americans With Disabilities Act Definition of Disability," 7 The Labor Lawyer 11(Winter 1991).Fentiman, Linda C., "AIDS as a Chronic Illness: A Cautionary Tale for the End of the TwentiethCentury," 61 Albany Law Review 989 (1998).Fidler, David P., David L. Heymann, Stephen M. Ostroff, and Terry P. O'Brien, "Emerging andReemerging Infectious Diseases: Challenges for International, National, and State Law," 31 TheInternational Lawyer 773 (Fall 1997).Figueira, Michaela, "AIDS, the Namibian Constitution and Human Rights -- an Overview," 9 SouthAfrican Journal on Human Rights 30 (1993).Flaherty, "A Legal Emergency Brewing Over AIDS," 6 National Law Journal No. 44, p. 1 (July 9, 1984)(Summary of early AIDS legal issues).Fox, Daniel M., "From TB to AIDS: Value Conflicts in Reporting Disease," 16 Hastings Center ReportNo. 6, Special Supplement 11 (December 1986).Fox, Daniel M., "Physicians versus Lawyers: A Conflict of Cultures," AIDS Law Today: A New Guide forthe Public, ch. 16 (Yale Univ. Press, 1993).Fox, Daniel M., Review: "AIDS, Social Science, Ethics, and Public Policy," 18 Hastings Center Report No.4, 42 (August/September 1988).Frank, "AIDS Data-Sharing: Help Sought to Combat Bias," ABA Journal, January 1986 (Report on publicinterest law firms responding to the AIDS crisis).Frank, "AIDS Victims Are Wary of Discrimination," ABA Journal, November 1985.Frank, "Alarm on AIDS," ABA Journal, December 1985.Freedman, "Wrong Without Remedy," American Bar Association Journal (June 1986), 36.
Freiberg, "AIDS and Legal Problems," The Advocate, April 3, 1984 (Summary of AIDS-related legalproblems).Fuchsberg, "Introduction: Law, Social Policy, and Contagious Disease: A Symposium on AIDS," 14 HofstraLaw Review 1 (1985).Gabel, Jody B., "Release From Terminal Suffering? The Impact of AIDS on Medically Assisted SuicideLegislation," 22 Florida State University Law Review 369 (Fall 1994).Galen, "Living With an Illness That Kills," 9 National Law Journal No. 28 (March 23, 1987)(Interview withDan Bradley, Esq., former President of United States Legal Services Corporation, about his life as a personwith AIDS).Gaynor, "Executive Action Against AIDS: A Proposal for Federal Regulation Under Existing Law," 49Ohio State Law Journal 999 (1989).Gibofsky & Laurence, "AIDS: Current Medical and Scientific Aspects," 9 Journal of Legal Medicine 497(December 1988).Ginzburg, "The Acquired Immunodeficiency Syndrome, Human Immunodeficiency Viruses, and theCommunity and the Workplace -- A Medical Precis," Proceedings of the 39th Annual National Conferenceon Labor Ch. 15, New York University, 1986.Gittler, Josephine & Marle McPherson, "Introduction to Symposium on HIV Infection Among Women ofReproductive Age, Children, and Adolescents," 77 Iowa Law Review 1283 (May 1992).Goldberg, "The Meaning of `Handicapped'," ABA Journal, March 1, 1987, 56.Gorrell, Brower & Mebane, "Pending New Jersey Legislation on AIDS," New Jersey Lawyer No. 126, 50(January/February 1989).Gostin, Lawrence, "A Decade of a Maturing Epidemic: An Assessment and Directions for Future PublicPolicy," 16 American Journal of Law and Medicine 1 (1990); reprinted in 5 Notre Dame Journal of Law,Ethics & Public Policy 7 (1990).Gostin, Lawrence (ed.), AIDS and the Health Care System (Yale Univ. Press, 1990)(includes chapters onlegal issues).Gostin, Lawrence, "The AIDS Litigation Project: A National Review of Court and Human RightsCommission Decisions," Part I: 263 Journal of the American Medical Association 1961 (4/11/90); Part II:263 Journal of the American Medical Association 2086 (4/18/90).Gostin, Lawrence & Curran, "AIDS: Law and Policy," (symposium), 15 Law, Medicine & Health Care Nos.1-2 (Summer 1987) (individual articles listed separately).Gostin, Lawrence & Curran, "AIDS: Science and Epidemiology," 14 Law Medicine & Health Care Nos. 5-6 (December 1986)(symposium on medical and research issues).Gostin, Lawrence, "Drug Dependency and HIV," AIDS Law Today: A New Guide for the Public, ch. 8(Yale Univ. Press, 1993).Gostin, Lawrence, and Lane Porter, International Law and AIDS: International Response, Current Issues,and Future Directions (ABA Press 1992).Gostin, Lawrence, Lane Porter & Hazel Sandomire, "AIDS Litigation Project: Objective Description ofTrends in AIDS Litigation" and "A National Survey of Federal, State & Local Cases Before Courts &Human Rights Commissions," both published by the U.S. Government Printing Office under the auspicesof the U.S. Department of Health and Human Services. Dated 1990; Survey goes through Spring of 1989.
The "Objective Description" pamphlet is available free from the National AIDS InformationClearinghouse, P.O. Box 6003, Rockville, MD 20850.Green, Jesse, Gerald M. Oppenheimer, and Neil Wintfeld, "The $147,000 Misunderstanding: Repercussionsof Overestimating the Costs of AIDS," 19 Journal of Health Politics, Policy and Law 69 (Spring 1994).Gunderson, Mayo & Rhame, AIDS: Testing and Privacy (University of Utah Press, Salt Lake City, 1989).Halper, "AIDS Court Case Raises Many Serious Right of Privacy Questions," 3 Business and Health 51-52(May 1986).Hancock, Stewart F., Jr., "AIDS and the Law," 65 New York State Bar Journal No. 2, 8 (February 1993)(overview by member of New York's highest court).Heilman, "AIDS Discrimination," Los Angeles Lawyer, June 1986, 26 (Anecdotal account of AIDSdiscrimination cases and legal protections in Los Angeles area).Hermann & Schurgin, Legal Aspects of AIDS (Callaghan & Company, 1991) (loose-leaf treatise; to besupplemented regularly).Hirsh, "AIDS and the Law: A Summary and Conclusion," 10 Journal of Legal Medicine 169 (March 1989).Hirsh, "A Visitation With AIDS," 36 Medical Trial Technique Quarterly 1 (1989).Hirsh, "A Visitation With AIDS (Parts V and VI)," 36 Medical Trial Technique Quarterly 450 (Summer1990).Hirsh, "A Visitation With AIDS (Part VIII)," 37 Medical Trial Technique Quarterly 146 (1990).Hirsh, "A Visitation With AIDS (Part IX)," 37 Medical Trial Technique Quarterly 273 (1991).Hirsh, "A Visitation With AIDS (Part X)," 37 Medical Trial Technique Quarterly 417 (1991).Hirsh, "A Visitation With AIDS (Part XII)," 38 Medical Trial Technique Quarterly 154 (1991).Hirsh, "A Visitation With AIDS (Part XIII)," 38 Medical Trial Technique Quarterly 289 (1992).Hirsh, Harold L., "A Visitation With AIDS (Part XV)," 39 Medical Trial Tecchnique Quarterly 1 (1992)(treatment issues).Hirsh, Harold L., "A Visitation With AIDS (Part XVI)," 39 Medical Trial Technique Quarterly 161 (1992).Hirsh, Harold L., "Social, Legal, Medical & Ethical Challenges of HIV Infection (Part I)," 39 Medical TrialTechnique Quarterly 324 (1993).Hirsh, Harold L., "Social, Legal, Medical & Ethical Challenges of HIV Infection (Part II)," 39 MedicalTrial Technique Quarterly 461 (1993).Hodes, Joel L., and Ellen M. Bach, "Corporate America's Response to the AIDS Crisis: What PriceGlory?", 61 Albany Law Review 1091 (1998).Hunter, Nan D., and William B. Rubenstein, AIDS Agenda: Emerging Issues in Civil Rights (New Press,1992).Isele, "A New Challenge for Mental Health Law," New Jersey Lawyer No. 126, 58 (January/February 1989).Jaffe, "What Doctors Want to Tell Judges About AIDS," 29 The Judges' Journal No. 2, 8 (Spring 1990).Jarvis, Robert, "AIDS: A Global View," 12 Nova Law Review 979 (Spring 1988).Jarvis, Robert, "Advocacy for AIDS Victims: An International Law Approach," 20 University of MiamiInter-American Law Review 1 (Fall 1988).Jarvis, Robert, Michael Closen, Donald Hermann & Arthur Leonard, AIDS Law in a Nutshell (WestPublishing Co., 1991).Johnson & Soskolne, "AIDS: Medicolegal Considerations for Canadian Hospitals," 135 Canadian MedicalAssociation Journal 1091 (November 15, 1986).Jones, James H., "The Tuskegee Legacy: AIDS and the Black Community," 22 Hastings Center Report No.6, 29 (Nov-Dec 1992).Joseph, "Can the Bill of Rights Survive AIDS?," 16 Human Rights No. 3, at 15 (Winter 1989/1990).Joseph, "Civil Liberties in the Crucible: An Essay on AIDS and the Future of Freedom in America," 12Nova Law Review 1083 (Spring 1988).
Joseph, "Towards a Course on AIDS Law," 9 St. Louis University Public Law Review 635 (1990).Kadzielski, "California Legislation of AIDS in the Health Care Setting," 10 Whittier Law Review 363(1988).Kadzielski, "Current California Legislation on AIDS," 11 Los Angeles Lawyer No. 6, 47 (September 1988).Kendellen, "AIDS: A Clinical Statement," New Jersey Lawyer No. 126, 14 (January/February 1989).Kimmey, "AIDS: As the Epidemic Evolves, the Controversies Do Not," 9 St. Louis University Public LawReview 343 (1990).Kirby, Michael, "AIDS and the Law," 9 South African Journal on Human Rights 1 (1993).Kirby, Michael, "AIDS and the Law -- A New Challenge for Human Rights," 20 Commonwealth LawBulletin 1457 (October 1994).Kirby, Michael, "Legal Implications of AIDS," 16 Commonwealth Law Bulletin 620 (April 1990)(speech atsymposium in Aukland on AIDS legal issues by Australian Court of Appeals judge).Kizer, "California's Response to the AIDS Epidemic," 10 Whittier Law Review 353 (1988).Koop, "AIDS: An Overview of Current Issues," 9 Journal of Legal Medicine 489 (December1988)(introduction to symposium).Krim, "AIDS: The Challenge to Science and Medicine," 15 Hastings Center Report No. 4, SpecialSupplement 2 (August 1985).Labowitz, "The Dynamic Definition of Handicap," 35 The Practical Lawyer No. 4, 71 (June 1989).Lambda Legal Defense & Education Fund, Inc., AIDS Legal Guide (1984; rev. ed. 1987)(information forlitigators coping with the problems of persons with AIDS; areas covered include insurance, right toservices, discrimination, military, immigration).Lambda Legal Defense & Education Fund, Inc., Living With AIDS: A Guide to the Legal Problems ofPeople With AIDS (pamphlet, 1987)(written for the lay person).Larson, "What Disabilities Are Protected Under the Rehabilitation Act of 1973?" 16 Memphis State Univ.Law Review 229 (Winter 1986).Lavin, Luis A., and William B. Rubenstein, "The HIV Epidemic in Puerto Rico," in AIDS Agenda (NewPress, 1992).Law Journal Seminars-Press, AIDS: Legal Aspects of a Medical Crisis (New York, 1985) (Coursebook forwhat may have been the first legal program on AIDS, held in October 1985 in New York City).Law Journal Seminars-Press, AIDS: The Legal Complexities of a National Crisis (New York,1987)(Coursebook for two-day legal conference on AIDS, with outlines and articles by Dr. Michael Grieco,Prof. Richard Epstein, reprint of Schwarz & Schaffer (see infra), Rita Theisen, Russel Iuculano, Dr. JamesAllen, Michael S. Cecere, and Mitchell Karp).Lazere, "Death and Discrimination," 15 Barrister No. 2, 9 (Summer 1988) (profile of San Francisco AIDSDiscrimination Attorney Norm Nickens).Leonard, Arthur, "Forward: The Legal Challenge of AIDS," 12 Nova Law Review 961 (Spring 1988).Levine, "Acquired Immunodeficiency Syndrome: The Facts," 65 Southern California Law Review 423 (Nov.1991).Levine & Goldstein, "An AIDS Checklist," Publishers Weekly, May 1, 1987, at 43 (selective list ofmaterials on AIDS, including some legal publications).Levine, Carol & Gary Stein, "What's in a Name? The Policy Implications of the CDC Definition of AIDS,"19 Law, Medicine & Health Care 278 (Fall-Winter 1991).Levy, "AIDS and the Minority Community," 52 Texas Bar Journal 215 (February 1989).Londynsky, "Report: Maritime Law and the AIDS Crisis: Storm Clouds on the Horizon," 1 University ofSan Francisco Maritime Law Journal 173 (Summer 1989).Lovitch, Karen S., "State AIDS-Related Legislation in the 1990s: Adopting a Language of Hope WhichAffirms Life," 20 Nova Law Review 1187 (Spring 1996).Macher, et al., "Educating Primary Care Providers About HIV Disease: Multidisciplinary InteractiveMechanisms," 109 Public Health Reports 305 (May-June 1994).Mann, Jonathan, "Human Rights and AIDS: The Future of the Pandemic," 30 John Marshall Law Review195 (Fall 1996).Mann, Jonathan, Daniel Tarantola, Jeff O'Malley, and the Global AIDS Policy Coalition, "Toward a NewHealth Care Strategy to Control the HIV/AIDS Pandemic," 22 Journal of Law, Medicine & Ethics 41(Spring 1994).Marco, "AIDS 1986: A Medical-Legal Explosion," 33 Medical Trial Technique Quarterly 360 (1987).Marcotte, "AIDS Questions Grow," ABA Journal, November 1, 1986, p. 28.Mayer, "The Epidemiological Investigation of AIDS," 15 Hastings Center Report No. 4, SpecialSupplement 12 (December 1986).McDougall, "AIDS: A Plague Upon Your Civil Liberties," 6 In the Public Interest (State University ofNew York at Buffalo Law School) 35 (1986).McLaughlin, "AIDS: Current State of the Law -- An Overview (An Outline)," 3 Journal of Law andHealth 77 (1988-89).Mercola, "AIDS Update," 34 Medical Trial Technique Quarterly 45 (1987).Merrill, Ben, "Does American Have the Will to Stop AIDS?," 27 John Marshall Law Review 457 (Winter1994).Merritt, Book Review: "AIDS and the Law: A Guide for the Public," 28 Jurimetrics Journal 501 (Summer1988).Moran, "Forward" to Symposium on AIDS, 5 Notre Dame Journal of Law, Ethics & Public Policy 1(1990).Moran, "Illness: A More Onerous Citizenship?" 51 The Modern Law Review (U.K.) 343 (May1988)(Discussion of failed vision of House of Commons Select Committee report on AIDS)Murphy, "No Time for an AIDS Backlash," 21 Hastings Center Report No. 2, 7 (March-April 1991)(argument against diverting resources from the AIDS epidemic).Musheno, Michael, "Socio-Legal Dynamics of AIDS: Constructing Identities, Protecting Boundaries AmidstCrisis," 16 Law & Policy 235 (July 1994).National Gay Rights Advocates, "AIDS and Handicap Discrimination: A Survey of the 50 States and theDistrict of Columbia," September, 1986 (results of mail and telephone survey of all state human rightsagencies on their approach to AIDS discrimination charges).National Lawyers Guild AIDS Network & National Gay Rights Advocates, AIDS Practice Manual: ALegal and Educational Guide (1986) (Practical advice for attorneys representing persons with AIDS).Newman, "AIDS, Youth, and the University: An Interview with Admiral Watkins," 20 Change No. 5, 39(September/October 1988).Nickens, "AIDS, Race and the Law: The Social Construction of Disease," 12 Nova Law Review 1179(Spring 1988).Note, "AIDS: Issues in the Law," 10 American Journal of Trial Advocacy 527 (Spring 1987)(brief,simplistic treatment of liability, employment and school issues).Note, "AIDS: Legal Issues in Search of a Cure," 14 William Mitchell Law Review 575 (Summer 1988).Note, "AIDS and Mandatory Pro Bono: A Step Toward the Equal Administration of Justice," 8Georgetown Journal of Legal Ethics 691 (Spring 1995) (Giovanni Anzalone).Note, "Asymptomatic Infection with the AIDS Virus as a Handicap Under the Rehabilitation Act of1973," 88 Columbia Law Review 563 (April 1988).Note, "Characterization and Disease: Homosexuals and the Threat of AIDS," 66 North Carolina LawReview 226 (November 1987).Note, "HIV-Positive, Equal Protection Negative," 81 Georgetown Law Journal 375 (December 1992) (SeanC. Doyle).O'Brien, "Discrimination: The Difference With AIDS," 6 Journal of Contemporary Health Law & Policy 93(Spring 1990).Parmet, Wendy, "AIDS and the Limits of Discrimination Law," 15 Law, Medicine & Health Care Nos. 1-2,61 (Summer 1987).Parmet, Wendy, & Daniel J. Jackson, "No Longer Disabled: The Legal Impact of the New SocialConstruction of HIV," 23 American Journal of Law & Medicine 7 (1997).Parmet, Wendy, "An Antidiscrimination Law: Necessary But Not Sufficient," in Gostin (ed.), AIDS andthe Health Care System (Yale Univ. Press, 1990).Parmet, Wendy, "Guest Book Review," 12 American Journal of Law & Medicine 503 (1986) (review ofShilts, And the Band Played On; Dornette, AIDS and the Law; Dalton, AIDS and the Law).Parry, John, "AIDS as a Handicapping Condition: Part I," 9 Mental & Physical Disability Law Reporter402 (November/December 1985) (Consideration of applicability of handicap discrimination law in a widevariety of AIDS contexts).Parry, John, "AIDS as a Handicapping Condition: Part II," 10 Mental & Physical Disability Law Reporter2 (January/February 1986).Parry, John, "Life Services Planning for Persons With AIDS-Related Mental Illnesses," 13 Mental andPhysical Disability Law Reporter 82 (March-April 1989).Parry, John, "Supreme Court Turns Aside Assault on 504," 11 Mental & Physical Disability LawReporter 74 (March-April 1987) (analyzes impact of Arline decision on AIDS discrimination).Patel, F., "HIV Serophobia in the Mortuary: An Algorithm for Handling High-risk Forensic Cases," 37Medicine, Science & the Law 296 (October 1997).Perkins & Boyle, "AIDS and Poverty: Dual Barriers to Health Care," 19 Clearinghouse Review 1283(March 1986) (Discussion of the economic impact of AIDS).Petzke, "AIDS: The County's Response," 10 Whittier Law Review 373 (1988).Place, "The Church, AIDS and Public Policy," 5 Notre Dame Journal of Law, Ethics & Public Policy 75(1990).Prockop, "AIDS Dementia Complex," 9 Journal of Legal Medicine 509 (December 1988).Recent Decisions, "Civil Rights -- Rehabilitation Act -- Handicapped Individual -- School Board of NassauCounty, Florida v. Arline," 26 Duquesne Law Review 511 (Winter 1988).Recent Developments, "Civil Rights -- Rehabilitation Act of 1973 -- Individuals Affected With ContagiousDisease Held "Handicapped" and Entitled to Protections of Section 504 (29 U.S.C. 794)," 19 St. Mary'sLaw Journal 231 (1987).Recent Developments, "Expanding the Protection of AIDS Victims Under the Federal Rehabilitation Act:Unifying the Views of Courts and the Department of Justice," 67 Washington University Law Quarterly627 (1989).Retkin, Randye, Gary L. Stein, and Barbara Hermie Draimin, "Attorneys and Social WorkersCollaborating in HIV Care: Breaking New Ground," 25 Fordham Urban Law Journal 533 (1997-98).Rickett, Book Review, "AIDS: A Handbook for Practitioners," 19 Victoria University of Wellington LawReview 324 (1989) (New Zealand - review of Canadian book).Riley, Diane M., Review/Commentary on Strang & Stimson (eds.), "AIDS and Drug Misuse: TheChallenge for Policy and Practice in the 1990s," 20 Contemporary Drug Problems No. 1, 133 (Spring 1993).Robins & Backstrom, Book Review of The AIDS Bureaucracy: Why Society Failed to Meet the AIDSCrisis and How We Might Improve Our Response, by Sandra Panem, 14 Journal of Health Politics, Policyand Law 428 (Summer 1989).Rosoff, Book Review Essay, "The AIDS Crisis: Constitutional Turning Point?", 15 Law, Medicine &Health Care Nos. 1-2, 80 (Summer 1987).Rowe & Bridgham, AIDS and Discrimination: A Review of State Laws That Affect HIV Infection, 1983 to1988 (AIDS Policy Center: Intergovernmental Health Policy Project, George Washington University,Washington, D.C., 1989).
Rozovsky & Rozovsky, AIDS and Canadian Law (1992).Rubenfeld, Abby, "Legal Aspects of AIDS," chapter in Gong & Rudnick, eds., AIDS: Facts and Issues(rev. ed. 1986).Rubenfeld, Abby, "Treating AIDS with Due Process," Barrister (Spring 1989), 11 (interview)Rubenstein, William, Book Review -- "Law and Empowerment: The Idea of Order in the Time of AIDS,"98 Yale Law Journal 975 (March 1989).Rubinowitz, Book Review -- "AIDS Law for Citizens: A Review of AIDS and the Law: A Guide for thePublic," 82 Northwestern University Law Review 859 (Spring 1988).Salbu, Steven R., "HIV Home Testing and the FDA: The Case for Regulatory Restraint," 46 Hastings LawJournal 403 (January 1995).SantaVicca, "AIDS in the Minds of Librarians: Opinion, Perception, and Misperception," Library Journal,February 15, 1987, 113 (Poll of librarians on adequacy of AIDS information reveals misperception aboutpossible rolls libraries can play in helping to fight the epidemic).Schram, "AIDS Prevention: Too Little, Too Late," 12 Nova Law Review 1253 (Spring 1988).Schram, "AIDS 1991: What Could America Be Like in Five Years?", Los Angeles Times Magazine, August10, 1986.Schroedel, Jean Reith, and Daniel R. Jordan, "Senate Voting and Social Construction of TargetPopulations: A Study of AIDS Policy Making, 1987-1992," 23 Journal of Health Politics, Policy and Law107 (February 1998).Schulman, David, "AIDS and Civil Rights," 10 Whittier Law Review 397 (1988).Schulman, David, "AIDS Discrimination: Its Nature, Meaning and Function," 12 Nova Law Review 1113(Spring 1988).Schulman, David, "AIDS, The Law & Society," 11 Los Angeles Lawyer No. 6, 18 (September 1988).Schultz, Gene, & Parmenter, "Medical Necessity, AIDS, and the Law," 9 St. Louis University Public LawReview 379 (1990).Schultz, Gene, and Reuter, "AIDS Legislation in Missouri: An Analysis and a Proposal," 53 Missouri LawReview 599 (Fall 1988).Seage, George R., III, Kenneth H. Mayer, and others, "HIV and Hepatitis B Infection and Risk Behaviorin Young Gay and Bisexual Men," 112 Public Health Reports 158 (March/April 1997).Sencer, David, & Botnick, Report to the Mayor: New York City's Response to the AIDS Crisis (December1985) (Detailed discussion of steps taken by City of New York through 1985 to respond to the AIDSepidemic).Shekter & Goldsmith, "The Legal Implications of AIDS: The Canadian Experience," 10 Journal of LegalMedicine 155 (March 1989).Sicklick & Rubinstein, "A Medical Review of AIDS," 14 Hofstra Law Review 5 (1985).Silverstein, "AIDS Update 1989," 10 Whittier Law Review 441 (1988).Silverstein, Halpern, Dean & Palmer, "Confronting the Medical-Legal Issues of AIDS," 10 Whittier LawReview 401 (1988).Slind-Flor, "At The Limits: Major AIDS Cases Have Been Teaching Old Law New Tricks," National LawJournal, August 27, 1990, p.1.Smith, Book Review: "AIDS and Its Legal Ramifications," 9 Journal of Legal Medicine 341 (June 1988).Special Report: AIDS in America, 14 Human Rights No. 3 (Summer 1987) (collection of articles on AIDSlegal issues).Stein, "The Settlement of AIDS Disputes," A Report for the National Center for Health ServicesResearch, Environmental Mediation International (September 1986; revised, January 1987).Stevens, Helga, "AIDS, Not Hearing AIDS: Exploring the Link Between the Deaf Community andHIV/AIDS," 2 Health and Human Rights No. 4, 98 (1998).Stewart, Gordon & Ostrognai, "Ohio Handicap Law," 13 University of Dayton Law Review 181 (Winter1988)(includes discussion of AIDS coverage under handicap discrimination law).Stromberg, "AIDS: A Crisis of Civil Liberties," 16 Human Rights No. 1, 13 (Spring 1989).Sullivan, Louis W., "A Brief Comment on HIV and AIDS," 5 Hofstra Property Law Journal 293 (Spring1993) (Brief overview by former U.S. Secretary of Health and Human Services).Summary, Analysis & Commentary, "New Medical Meanings for Section 504 -- the Federal HandicappedPersons Civil Rights Provision," 12 Mental & Physical Disability Law Reporter 234 (May-June 1988)."Supreme Court Includes `Contagious Diseases' in Definition of `Handicap' Under Section 504 ofRehabilitation Act," 21 Clearinghouse Review 249 (July 1987).Symons, Andrew L., "A Three-Step Test for Determining When Compliance with the Americans WithDisabilities Act is Required," 28 Gonzaga Law Review 235 (1992/93).Symposium, "A Focus on AIDS," 9 South African Journal on Human Rights Part I (1993).Symposium, "AIDS Law Symposium: Legal, Ethical, and Policy Issues," 27 John Marshall Law Review No.2 (Winter 1994).Symposium, "AIDS Symposium," 24 John Marshall Law Review No. 3 (Spring 1991).Symposium, "AIDS, Public Policy & the Law II," 9 St. Louis University Public Law Review No. 2 (1990).
Symposium, "AIDS and Criminal Justice," 37 Crime & Delinquency No. 1 (Jan. 1991).Symposium on AIDS, 5 Notre Dame Journal of Law, Ethics & Public Policy No. 1 (1990).Symposium on AIDS Issues, 29 The Judges' Journal No. 2 (Spring 1990).Symposium on AIDS Issues, New Jersey Lawyer No. 126 (January/February 1989).Symposium on AIDS Issues, 52 Texas Bar Journal No. 2 (February 1989).Symposium on AIDS Issues, 4 Issues in Law & Medicine No. 3 (Winter 1988).Symposium on AIDS Issues, 9 Journal of Legal Medicine No. 4; 10 Journal of Legal Medicine No. 1(December 1988 & March 1989) (two part symposium)Symposium, "A Symposium on AIDS," 12 Nova Law Review No. 3 (Spring 1988).Symposium, "AIDS: At the Limits of the Law," 34 Villanova Law Review No. 5 (1989).Symposium, "AIDS, Public Policy and the Law," 7 St. Louis Univ. Public Law Review No. 1 (1988).Symposium, "AIDS and the Rights and Obligations of Health Care Workers," 48 Maryland Law Review 1(1989).Symposium, "Current Legal Issues in AIDS," 49 Ohio State Law Journal No. 4 (1989).Symposium, "Drugs, Alcohol, and AIDS," 14 Contemporary Drug Problems No. 3 (Fall 1987)(variousaspects of public policy and IV-related HIV transmission).Symposium, "Health Law Symposium Issue," 65 Denver University Law Review No. 2-3 (1988) (threearticles on Colorado AIDS laws).Symposium, "Health Law Symposium: AIDS," 10 Whittier Law Review No. 3 (1988).Symposium, "HIV Infection Among Women of Reproductive Age, Children, and Adolescents," 77 IowaLaw Review No. 4 (May 1992).Symposium, "Insuring Health Care for Persons With AIDS," 3 Cornell Journal of Law & Public Policy No.1 (Fall 1993).Symposium, "International and Comparative AIDS Policy," 23 New York Uuniversity Journal ofInternational Law & Politics No. 4 (Summer 1991)Symposium, "Law and Health Care: Legal Aspects of AIDS" (Panel Discussion), 8 Whittier Law Review503 (1986)Symposium, "Law, Social Policy, and Contagious Disease: A Symposium on Acquired Immune DeficiencySyndrome (AIDS)," 14 Hofstra Law Review No. 1 (Fall 1985).Symposium, "Perspectives on State AIDS Legislation: Missouri's Statute," 53 Missouri Law Review No. 4(Fall 1988).Symposium (Special Issue), "Socio-Legal Dynamics of AIDS," 16 Law & Policy No. 3 (July 1994).Symposium on Health Care Policy, "What Lessons Have We Learned from the AIDS Pandemic?", 61Albany Law Review No. 3 (1998).Tarr, "AIDS: The Legal Issues Widen," National Law Journal, November 25, 1985 (Overview/report onAIDS legal issues).
Terl, Allan H., AIDS and the Law (Hemisphere Publishing Corp., Bristol, PA (1992).Tramont, "AIDS in Perspective," 12 Nova Law Review 1071 (Spring 1988).Van de Kamp, "The Cost of AIDS," 11 Los Angeles Lawyer No. 6, 30 (September 1988).Vogel, "Discrimination on the Basis of HIV Infection: An Economic Analysis," 49 Ohio State Law Journal965 (1989).Wasson, "AIDS Discrimination Under Federal, State, and Local Law After Arline," 15 Florida State Univ.Law Review 221 (Summer 1987).Waters, "AIDS and the Perception of AIDS as Handicaps Under Florida Law," 17 Florida State UniversityLaw Review 441 (Spring 1990).Waters, "Florida's Omnibus AIDS Act of 1988," 16 Florida State University Law Review 441 (Fall 1988).Waxman, "Introduction to Symposium on AIDS and the Law," 49 Ohio State Law Journal 877 (1989).Wecht, "Considerations and Potential Pitfalls in AIDS Lab Testing," 9 Journal of Legal Medicine 623(December 1988).Weisenhaus, "The Shaping of AIDS Law," National Law Journal, August 1, 1988.Wertheimer, "AIDS: At the Limits of the Law," 34 Villanova Law Review 755 (1989) (introduction tosymposium).Whitty, Michael D., and Martin Andrukonis, "Corporate Response to the ADA in One City," 45 LaborLaw Journal 306 (May 1994).Wilkinson, Wendy, "Judicially Crafted Barriers to Bringing Suit Under the Americans With DisabilitiesAct," 38 South Texas Law Review 907 (July 1997).Wodak, Alex, "Health, HIV Infection, Human Rights, and Injecting Drug Use," 2 Health and HumanRights No. 4, 24 (1998).Wright, "AIDS: A Brief Overview," 12 Nova Law Review 973 (Spring 1988).Zarembka, Arlene & Katherine Franke, "Women in the AIDS Epidemic: A Portrait of Unmet Needs," 9St. Louis University Public Law Review 519 (1990).Zuger & Weitz, "Professional Responsibilities in the AIDS Generation," Hastings Center Report (June1987), 16-23 (review of ethical issues confronting health care professionals and researchers with respect toAIDS). Legal BibliographiesAustin, John R., "HIV/AIDS Annotated Bibliography," 27 John Marshall L. Rev. 513 (Winter 1994)(limited to health care issues).Austin, John R. & Trammell, "AIDS and the Criminal Justice System: An Annotated Bibliography," 11Northern Illinois University Law Review 481 (1991).Austin, John R. & Trammell, "American Family Law in the Age of AIDS: An Annotated Bibliography," 24John Marshall Law Review 625 (Spring 1991).Buonanno, "AIDS Bibliography," 15 Law, Medicine & Health Care Nos. 1-2, 86 (Summer 1987).Court, Patricia G., and Linda Karr O'Connor, "A Selected Bibliography on AIDS and Health Insurance," 3Cornell Journal of Law & Public Policy 109 (Fall 1993).Garoogian, AIDS, 1981-1983: An Annotated Bibliography (1984).Jacobs, "Acquired Immune Deficiency Syndrome (AIDS): A Selective Bibliography of Legal, Social andMedical Aspects," 42 The Record of the Association of the Bar of the City of New York 260 (1987);"Update 1" to above, 43 The Record of the Association of the Bar of the City of New York 94 (1988);"Update 2" to above, 43 The Record of the Association of the Bar of the City of New York 760 (1988);"Update 3" to above, 44 The Record of the Association of the Bar of the City of New York 559 (1989);"Update 4" to above, 45 The Record of the Association of the Bar of the City of New York 152 (1990);"Update 5" to above, 45 The Record of the Association of the Bar of the City of New York 901 (1990);"Update 6" to above, 46 The Record of the Association of the Bar of the City of New York 704 (1991);"Update 7" to above, 47 The Record of the Association of the Bar of the City of New York 572 (1992);"Update 8" to above, 48 The Record of the Association of the Bar of the City of New York 512 (1993);"Update 9" to above, 49 The Record of the Association of the Bar of the City of New York 121 (1994);"Update 10" to above, 50 The Record of the Association of the Bar of the City of New York 124 (1995);"Update 11" to above, 50 The Record of the Association of the Bar of the City of New York 934 (1995).
Reprints of the bibliography including all updates can be obtained for $45 from The Record--AIDSBibliography, Association of the Bar, 42 W. 44 St., New York, N.Y. 10036-6690.Klein, Sandra S., "Your Right to Privacy and the AIDS Virus: A Selective Bibliography," 13 LegalReference Services 105 (1993).Koneseki-White, Bonnie L., "AIDS and HIV: The Legal Dimension: A Selective Bibliography," 6 Journalof Law and Health 131 (1991-92).Leonard, "AIDS and Employment: Bibliographic Resources," 3 The Labor Lawyer 299 (Spring 1987).Leonard, AIDS Legal Bibliography (Tarlton Legal Bibliography Series No. 33, October 1989), Tarlton LawLibrary, University of Texas at Austin School of Law.Leonard, "AIDS Legal Bibliography," 4 AIDS & Public Policy Journal 233 (1989)(covers publicationsreceived during 1988 and first half of 1989).National Prison Project, "1988 AIDS in Prison Bibliography." Available from National Prison Project,ACLU, 1616 P St., N.W., Suite 340, Washington, D.C. 20036. [202-331-0500]
Nordquist, AIDS: Political, Social, International Aspects (1988).SantaVicca, "Annotated Bibliography on AIDS," 3 Journal of Law and Health 77 (1988-89)."Selected Bibliography of AIDS Related Legal Resources," 52 Texas Bar Journal 225 (February 1989).Vaid, "Resource Bibliography on AIDS in Prisons," ACLU Foundation National Prison Project, 1616 P St.,N.W., Washington, D.C. 20036 (May 1, 1987). ConfidentialityBelitsky & Solomon, "Doctors and Patients: Responsibilities in a Confidential Relationship," AIDS and theLaw: A Guide for the Public, ch.14 (Yale Univ. Press, 1987).Berge, Peter H., "Setting Limits on Involuntary HIV Antibody Testing Under Rule 35 and StateIndependent Medical Examination Statutes," 44 Florida Law Review 767 (December 1992).Bernstein, Bobbi, "Solving the Physician's Dilemma: An HIV Partner-Notification Plan," 6 Stanford Law &Policy Review No. 2, 127 (1995).Bollow & Lapp, "Protecting the Confidentiality of Blood Donors' Identities in AIDS Litigation," 37 DrakeLaw Review 343 (1987-88).Burris, Scott, "Healthcare Privacy & Confidentiality: The Complete Legal Guide," 16 Journal of LegalMedicine 447 (September 1995) (book review essay).Butts, J. David, "HIV/AIDS-Related Information and the Rule of Confidentiality: Can We AcceptExceptions?", 40 Medical Trial Technique Quarterly 1 (1993).Case Note, "Doe v. Southeastern Pennsylvania Transportation Authority (SEPTA): The Politics ofDisclosure," 6 Ohio N.U. Journal of Pharmacy & Law 133 (1998).Cohen, Jon D., "AIDS Confidentiality: Are Computerized Medical Records Making ConfidentialityImpossible?", 4 Software L.J. 93 (1990).Colella, Ugo, "HIV-Related Information and the Tension Between Confidentiality and Liberal Discovery,"16 Journal of Legal Medicine 33 (March 1995).Comment, "A Patient's Right of Privacy in Computerized Pharmacy Records," 66 University of CincinnatiLaw Review 697 (Winter 1998) (Grace-Marie Mowery).Comment, "AIDS: Balancing the Physician's Duty to Warn and Confidentiality Concerns," 38 Emory LawJournal 279 (Winter 1989).Comment, "Confidentiality and Dissemination of Personal Information: An Examination of State LawsGoverning Data Protection," 41 Emory Law Journal 1185 (Fall 1992) (Bruce D. Goldstein) (includesextensive appendices of state laws, including HIV confidentiality laws).Comment, "Disclosure of an Adoptee's HIV Status: A Return to Orphanages and Leper Colonies?", 13John Marshall Journal of Computer & Information Law 343 (Winter 1995) (Charles Cheifec).Comment, "Disclosure of Medical Information Under Louisiana and Federal Law," 65 Tulane Law Review169 (November 1990)(discusses AIDS confidentiality statute).Comment, "Doctor-Patient Confidentiality Versus Duty to Warn in the Context of AIDS Patients andTheir Partners," 47 Maryland Law Review 675 (Spring 1988).Comment, "Doe v. Town of Plymouth and Officer Paul Tibbetts: When is the Disclosure of HIV StatusBeyond the Call of Duty?", 29 New England Law Review 391 (Winter 1995) (John M. Souza).Comment, "Home HIV Testing and Conflicts with State HIV Testing Regulations," 21 American Journalof Law & Medicine 419 (1995) (William O. Fabbri).Comment, "Individual Privacy Interests and the `Special Needs' Analysis for Involuntary Drug and HIVTests," 86 California Law Review 119 (January 1998)(Sean Anderson).Comment, "Privilege -- Confidentiality of Blood Donor Identity: Plaintiff v. National Blood Supply -- BelleBonfils Memorial Blood Center v. District Court, 763 P.2d 1003 (Colo. 1988)," 23 Suffolk University LawReview 183 (Spring 1989).Comment, "Protecting Confidentiality in the Effort to Control AIDS," 24 Harvard Journal on Legislation315 (Winter 1987).Comment, "The Confidentiality of HIV-Related Information: Responding to the Resurgence of AggressivePublic Health Interventions in the AIDS Epidemic," 82 California Law Review 111 (January 1994).Comment, "The Conflict Between a Doctor's Duty to Warn a Patient's Sexual Partner that the Patient hasAIDS and a Doctor's Duty to Maintain Patient Confidentiality," 45 Washington & Lee Law Review 355(Winter 1988).Comment, "The Constitutionality of Parole Departments Disclosing the HIV State of Parolees, 1992Wisconsin Law Review 1993 (Daniel E. Post).Dickens, "Confidentiality and the Duty to Warn," in Gostin (ed.), AIDS and the Health Care System(Yale Univ. Press, 1990).Dornette, "Confidentiality Issues," ch.15, AIDS and the Law (Dornette, ed.) (1987).Dunn & Serio, "Confidentiality: An Integral Component of AIDS Public Policy," 7 St. Louis Univ. PublicLaw Review 25 (1988).Edgar and Sandomire, "Medical Privacy Issues in the Age of AIDS: Legislative Options," 16 AmericanJournal of Law & Medicine 155 (1990).Gunderson, Mayo & Rhame, AIDS: Testing and Privacy (University of Utah Press, Salt Lake City, 1989).Hermann & Gagliano, "AIDS, Therapeutic Confidentiality, and Warning Third Parties," 48 Maryland LawReview 55 (1989).Hirsh, "A Visitation With AIDS (Part VII)," 37 Medical Trial Technique Quarterly 1 (1990) (focus onconfidentiality issues in the health care context).Holder, "The Biomedical Researcher and Subpoenas: Judicial Protection of Confidential Medical Data," 12American Journal of Law & Medicine 405 (1986).Hollins, Janet, "An Imminent, Unidentifiable Victim: Does HIV Require a Duty to Warn?", 64 DefenseCounsel Journal 214 (April 1997).Hryce, Michel, "The Legal Protection of Privacy and HIV/AIDS," 3 Australasian Gay & Lesbian LawJournal 46 (October 1993).Iheukwumere, Emmanuel O., "HIV-Positive Medical Practitioners: Legal and Ethical Obligations toDisclose," 71 St. John's Law Review 715 (Fall 1997).Isaacman, Scott H., "The Conflict Between Illinois Rule 1.6(b) and the AIDS Confidentiality Act," 25 JohnMarshall Law Review 727 (Summer 1992).Isaacman, Scott H., and Lisa A Miller, "Neonatal HIV Seroprevalence Studies: A Critique of National andInternational Practices," 14 Journal of Legal Medicine 413 (September 1993).Jayawardena, H., "AIDS and Professional Secrecy in the United States," 36 Medicine, Science & the Law37 (January 1996).Katner, David R., "The Ethical Dilemma Awaiting Counsel Who Represent Adolescents with HIV/AIDS:Criminal Law and Tort Suits Pressure Counsel to Breach the Confidentiality of the Clients' MedicalStatus," 70 Tulane Law Review 2311 (June 1996).Klein, Sandra S., "Your Right to Privacy and the AIDS Virus: A Selective Bibliography," 13 LegalReference Services 105 (1993).Labowitz, "Beyond Tarasoff: AIDS and the Obligation to Breach Confidentiality," 9 St. Louis UniversityLaw Review 495 (1990).Loeb, Gary H., "Protecting the Right to Informational Privacy for HIV-Positive Prisoners," 27 ColumbiaJournal of Law and Social Problems 269 (Winter 1994).Logan, Mary K., "Who's Afraid of Whom? Courts Require HIV-Infected Doctors to Obtain InformedConsent of Patients," 44 DePaul Law Review 483 (Winter 1995).McCarthy & Porter, "Confidentiality: The Protection of Personal Data in Epidemiological and ClinicalResearch Trials," 19 Law, Medicine & Health Care 238 (Fall-Winter 1991).McDonald, "Ethical Problems for Physicians Raised by AIDS and HIV Infection: Conflicting LegalObligations of Confidentiality and Disclosure," 22 University of California at Davis Law Review 557(Winter 1989).Note, "A Case Study of New Textualism in State Courts: Doe v. Marselle and the Confidentiality of HIV-Related Information, 30 Connecticut Law Review 295 (Fall 1997) (Jamie Fleckner).Note, "AIDS: A Crisis in Confidentiality," 62 Southern California Law Review 1701 (September 1989).Note, "A Massachusetts Real Estate Broker's Duty to Disclose: The Quandary Presented by AIDSStigmatized Property," 27 New England Law Review 1211 (Summer 1993) (Michael D. Isacco, Jr.).Note, "Between a Rock and a Hard Place: AIDS and the Conflicting Physician's Duties of PreventingDisease Transmission and Safeguarding Confidentiality," 76 Georgetown Law Journal 169 (October 1987).Note, "Containing the AIDS Virus ... Testing ... Reporting ... Confidentiality ... Quarantine ... ConstitutionalConsiderations," 37 Cleveland State Law Review 369 (1989).Note, "Deadly Confidentiality: AIDS and Rule 1.6(b)," 4 Georgetown Journal of Legal Ethics 435 (Fall1990) (Ethical dilemmas for lawyers surrounding AIDS confidentiality).Note, "Governing Physician-Associated Risk Disclosure by Adopting the ADA `Direct Threat' Approach:Doctors, Pack Up Your Stethoscopes and Get Out Your Checkbooks," 1997 University of Illinois LawReview 1199 (Rebecca Walker).Note, "Hey Doc, Can You Keep a Secret? An Ohio Physician's Right to Warn Third Parties That TheyMay Be at Risk of Contracting HIV," 6 Journal of Law and Health 199 (1991-92) (Mark N. Wiseman).Note, "Kerins v. Hartley: A Patient's Silent Cry for Mandatory Disclosure by HIV-Positive Physicians," 25Southwestern University Law Review 205 (1995) (Becky J. Belke).Note, "Long v. American Red Cross: The Right to Know or the Right to Privacy -- Striking the ProperBalance," 3 Journal of Pharmacy & Law 193 (1994) (Lisa M. Bagay).Note, "Perspectives on Patient Confidentiality in the Age of AIDS," 44 Syracuse Law Review 967 (1993).Note, "Protecting Donor Privacy in AIDS Related Blood Bank Litigation," 67 Washington Law Review 981(October 1992).Note, "Protecting HIV Confidentiality After Urbaniak v. Newton: Will California's Constitution ProvideAdequate Protection?," 29 California Western Law Review 471 (Spring 1993) (Joan N. McNamara).Note, "Pushing the Limits of Informed Consent: Johnson v. Kokemoor and Physician-Specific Disclosure,"1997 Wisconsin Law Review 1079 (Richard A. Heinemann).Note, "The Need to Know Versus the Right to Know: Privacy of Patient Medical Data in an Information-Based Society," 30 Suffolk University Law Review 1183 (Winter 1997) (Roger E. Harris).Note, "To Disclose or Not to Disclose the Presence of AIDS: Resolving the Confidentiality Concerns ofPatients, Physicians, and Third Parties," 23 Valparaiso University Law Review 341 (Winter 1989).Opperer, Joshua F., "Mandatory HIV Testing and Disclosure: A Legal, Ethical and Medical Perspective,"51 Medical Trial Technique Quarterly 624 (1995).Parmet, Wendy E., "Legislating Privacy: The HIV Experience," 23 Journal of Law, Medicine & Ethics 371(Winter 1995).Paterson, R.J., "AIDS, HIV Testing and Medical Confidentiality," 7 Otago Law Review 379 (1991) (NewZealand journal).Philipson & Wood, AIDS, Testing, and Privacy: An Analysis of Case Histories (Available from AIDS LegalReferral Panel, 1663 Mission St., Suite 400, San Francisco, CA 94103)(1987) (Case studies of failure tokeep HIV antibody test results confidential in violation of California law).Price, "Between Scylla and Charybdis: Charting a Course to Reconcile the Duty of Confidentiality and theDuty to Warn in the AIDS Context," 94 Dickinson Law Review 435 (Winter 1990).Scheutzow & Daniels, "The Discovery of Medical Records Maintained by Health Care Facilities:Inconsistent Law in Need of Legislative Correction," 5 Journal of Law & Health 179 (1990-91).Serbaroli, Francis J., "Health Law: Confidentiality of Medical Records -- Part II," New York Law Journal,July 6, 1994, p. 3 (summary explanation of HIV confidentiality law in New York as it relates to medicalrecords).Severson, Margaret, "Protection or Prevention: Testing the Prisoner Population for CommunicableDiseases," 18 Criminal Justice Review 203 (Autumn 1993).Skiver, Stephen A., and James A. Hickey, "AIDS: Legal Issues 1992," 19 Ohio Northern University LawReview 839 (1993)(physician-patient privilege; summary of Ohio and neighboring states developments for1992).Stanley, Ann E., "May I Ask You a Personal Question? The Right to Privacy and HIV Testing in theEuropean Community and the United States," 65 Fordham Law Review 2775 (May 1997).Student Article, "Alabama's Confidentiality Quagmire: Psychotherapists, AIDS, Mandatory Reporting, andTarasoff," 19 Law & Psychology Review 241 (Spring 1995) (James Paul Sizemore).Stewart, Tracy M. and N. Dickon Reppucci, "AIDS and Murder: Decisions Regarding the Maintenance ofConfidentiality versus the Duty to Protect," 18 Law and Human Behavior 107 (April 1994).Taitz, J.L., "AIDS Patients are Entitled to the Right of Medical Confidentiality," 8 South African Journalon Human Rights 577 (1992).Taub, Sheila, "Doctors, AIDS, and Confidentiality in the 1990s," 27 John Marshall Law Review 331(Winter 1994).Tendler, "Confidentiality: A Biblical Perspective on Rights in Conflict," 4 National Jewish Law Review 1(1989).Turkington, "Confidentiality Policy for HIV-Related Information: An analytical Framework for Sorting OutHard and Easy Cases," 34 Villanova Law Review 871 (1989).van Dam, "The Scarlet Letter `A': AIDS in a Computer Society," 10 Computer/Law Journal 233 (April1990).Watson, Shelly Stucky, "Keeping Secrets that Harm Others: Medical Standards Illuminate Lawyer'sDilemma," 71 Nebraska Law Review 1123 (1992).Weimer, Deborah, "Ethical and Legal Issues in AIDS Research," 17 Journal of Legal Medicine 177 (March1996) (book review essay).Zeldin, Jessica, "Disabling Employers: Problems With the ADA's Confidentiality Requirement inUnionized Workplaces," 73 Washington University Law Quarterly 737 (Summer 1995). Criminal Law & Corrections Issues[ACLU National Prison Project publishes an "AIDS in Prison Bibliography" and also collects monographson AIDS prison issues. Researchers in this area should contact them at 1616 P St., N.W., Suite 340,Washington, D.C. 20036.]Association of the Bar of the City of New York, Joint Subcommittee on AIDS in the Criminal JusticeSystem, "AIDS and the Criminal Justice System: A Final Report and Recommendations," (July 1989)[Summary published in 44 The Record of the Association of the Bar of the City of New York 601(October 1989) [Copies of full Report available on request from Executive Secretary, Association of theBar, 42 W. 44 St., NYC 10036].Association of the Bar of the City of New York, Joint Subcommittee on AIDS in the Criminal JusticeSystem, "AIDS and the Criminal Justice System: A Preliminary Report and Recommendations," 42 TheRecord of the Association of the Bar of the City of New York 901 (November 1987).
Association of the Bar of the City of New York, Committee on Medicine and Law, "Legalization of Non-Prescription Sale of Hypodermic Needles: A Response to the AIDS Crisis," 41 Record of the Association809 (November 1986).Abramovsky, "Criminal Law and Procedure: Issues Involving AIDS," New York Law Journal, December 2,1985 and January 15, 1986 (Two-part review of special problems presented by AIDS in the criminal justicesystem).Abt & Hardy (eds.), AIDS and the Courts (Abt Books, Cambridge, MA, 1990) (edited material fromNational Institute of Justice/State Justice Institute joint sponsored conference of April 1989).Anderson, "AIDS in China: A Criminal Justice Perspective," 14 Criminal Justice Journal 1 (Summer 1992).Andres, Paula L., "Sticking It to the Fourth Amendment: Failure of Missouri's HIV Testing Law forJuvenile Sex Offenders," 63 UMKC Law Review 455 (Spring 1995).Andrias, Richard T., "Shed Your Robes: Three Reasons for Aggressive Judicial Leadership with the HIVEpidemic," 29 The Judges' Journal No. 2, 4 (Spring 1990).Andrias, Richard T., "Urban Criminal Justice: Has the Response to the HIV Epidemic Been `Fair?'", 20Fordham Urban Law Journal 497 (1993).Balek, Debra J., "AIDS Dementia Complex: A New and Necessary Insanity Defense," 40 Medical TrialTechnique Quarterly 467 (1994).Baxter, "AIDS Education in the Jail Setting," 37 Crime & Delinquency 48 (Jan. 1991).Belbot & del Carmen, "AIDS in Prison: Legal Issues," 37 Crime & Delinquency 135 (Jan. 1991).Blumberg, "Transmission of the AIDS Virus Through Criminal Activity," 25 Criminal Law Bulletin 454(1989).Blumberg, "Needle and Syringe Exchange Schemes: An Examination of the Empirical Evidence," 14Criminal Justice Journal 11 (Summer 1992).Blumberg & Langston, "Mandatory HIV Testing in Criminal Justice Settings," 37 Crime & Delinquency 5(Jan. 1991).Braden, "AIDS: Dealing With the Plague," 19 Northern Kentucky Law Review 277 (Winter 1992).Branham, "AIDS Before the Bench: The ABA Criminal Justice Section Guidelines Can Help You," 29 TheJudges' Journal No. 2, 46 (Spring 1990).Branham, "Opening the Bloodgates: The Blood Testing of Prisoners for the AIDS Virus," 20 ConnecticutLaw Review 763 (Summer 1988)(argument favoring testing of prisoners and suggesting it may beconstitutionally mandated; for Reply, see Hanssens & Jacobi, below)Branham, "Out of Sight, Out of Danger?: Procedural Due Process and the Segregation of HIV-PositiveInmates," 17 Hastings Constitutional Law Quarterly 293 (Winter 1990).Bronitt, Simon, "Spreading Disease and the Criminal Law," The Criminal Law Review 21 (January 1994)(British law journal).Bruyere, Michael P., "Damage Control for Victims of Physical Assault - Testing the Innocent for AIDS,"21 Florida State University Law Review 945 (Winter 1994).Burris, Scott, "Prisons, Law and Public Health: The Case for a Coordinated Response to Epidemic DiseaseBehind Bars," 47 University of Miami Law Review 291 (November 1992).Carney, Jamie S., James L. Werth, Jr., and Renee Laster Morris, "AIDS-Related Knowledge and BeliefsAmong Incarcerated Adolescent Males," 24 Criminal Justice and Behavior 96 (March 1997).Casenote, "Brock v. State: The AIDS Virus as a Deadly Weapon," 24 John Marshall Law Review 677(Spring 1991).Casenote, "Competing Rights and Policies in Mandatory Testing for HIV: People v. Doe," 24 AmericanJournal of Criminal Law 617 (Summer 1997) (Brenda E. Perez).Chambers, "Prosecutors Have Used Criminal Statutes to Deter Others From Spreading AIDS," NationalLaw Journal, 6/1/92, at 19.Chang, "AIDS in Prison: Breaking the Barriers," 17 Human Rights No. 2, 46 (Summer 1990).Chang, "Out of the Dark Ages and Into the Nineties: Prisons' Responses to Inmates With AIDS," 23Connecticut Law Review 1001 (Summer 1991).Closen, Michael L., Mary Anne Bobinski, Donald H.J. Hermann, John F. Hernandez, Gene P. Schultz, andJ. Kelly Strader, "Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," 46 ArkansasLaw Review 921 (1994) (edited transcript of panel discussion at 1993 Association of American LawSchools annual meeting).Closen, Michael & Scott Isaacman, "Criminal Pregnancy: Are AIDS-Transmission Laws EncouragingAbortion?", American Bar Association Journal, December 1990, at 76-78.Colangelo, Faith, and Mariana Hogan, "Jails and Prisons -- Reservoirs of TB Disease: Should DefendantsWith HIV Infection (Who Cannot Swim) Be Thrown Into the Reservoir?", 20 Fordham Urban LawJournal 467 (1993).Comment, "AIDS--A New Reason to Regulate Homosexuality?", 11 Journal of Contemporary Law 67(1984)Comment, "AIDS and the Sexual Offender: The Epidemic Now Poses New Threats to the Victim and theCriminal Justice System," 96 Dickinson Law Review 95 (Fall 1991).Comment, "AIDS Behind Bars: Prison Responses and Judicial Deference," 62 Temple Law Review 327(Spring 1989).Comment, "AIDS, Prisoners, and the Americans With Disabilities Act," 1995 Utah Law Review 839(Deborah Dalrymple-Blackburn).Comment, "Condom or Not, Rape is Rape: Rape Law in the Era of AIDS -- Does Condum UseConstitute Consent?", 19 University of Dayton Law Review 227 (Fall 1993).Comment, "Criminalizing HIV Transmission: Lessons from History and a Model for the Future," 8 Journalof Contemporary Health Law & Policy 245 (Spring 1992).Comment, "Criminalizing Sexual Transmission of HIV: Oklahoma's Intentional Transmission Statute:Unconstitutional or Merely Unenforceable?", 46 Oklahoma Law Review 687 (Winter 1993) (R. BrianLeech).Comment, "Criminalizing the Intentional or Reckless Exposure to HIV: A Wake-Up Call to Kansas," 46University of Kansas Law Review 333 (January 1998) (Amy M. Decker).Comment, "Deadly and Dangerous Weapons and AIDS: The Moore Analysis is Likely to be Dangerous,"74 Iowa Law Review 951 (May 1989).Comment, "Downward Sentencing Departures for HIV-Infected Defendants: An Analysis of Current Lawand a Framework for the Future," 91 Northwestern University Law Review 1147 (Spring 1997) (Reid J.Schar).Comment, "From Mother to Child . . . A Criminal Pregnancy: Should Criminalization of the PrenatalTransfer of AIDS/HIV be the Next Step in the Battle Against this Deadly Epidemic?", 97 Dickinson LawReview 383 (Winter 1993) (Deborah A. Wieczorkowski Wanamaker).Comment, "Gomez v. United States: Is Sentencing a Criminal Defendant With Acquired ImmuneDeficiency Syndrome (AIDS) Cruel and Unusual Punishment?," 14 Criminal Justice Journal 105 (Summer1992).Comment, "Imposing Criminal Liability on Those Who Knowingly Transmit the AIDS Virus: ARecommendation for Legislative Action," 13 University of Dayton Law Review 489 (Spring 1988).Comment, "Liability for `Knowing' Transmission of HIV: The Evolution of a Duty to Disclose," 21 FloridaState University Law Review 981 (Winter 1994) (Jody B. Gabel).Comment, "Prisoner AIDS Testing: A Comment on Dunn v. White," 68 Denver University Law Review469 (1991).
Comment, "Sentenced to Prison, Sentenced to AIDS: The Eighth Amendment Right to be Protected FromPrison's Second Death Row," 92 Dickinson Law Review 863 (Summer 1988).Comment, "The AIDS Challenge Continues: Should Pennsylvania's Criminal Law Take On theChallenge?", 30 Duquesne Law Review 283 (Winter 1992).Comment, "The AIDS Crisis in Prison: A Need for Change," 6 Journal of Contemporary Health Law &Policy 221 (Spring 1990).Comment, "When Rape Victims' Rights Meet Privacy Rights: Mandatory HIV Testing, Striking the FourthAmendment Balance," 67 Washington Law Review 195 (Jan. 1992).Comment, "The Fourth Amendment's Challenge to Mandatory AIDS Testing of Convicted SexualOffenders -- Has the AIDS Virus Attacked Our Constitutional Right to Privacy?", 4 Seton Hall LawSchool Constitutional Law Journal 279 (Winter 1993) (Barbara Danko).Cooper, "The Impact of AIDS on American Schools and Prisons," 1987 Annual Survey of American Law117.Coughlin, "AIDS in Prisons: One Correctional Administrator's Recommended Policies and Procedures," 72Judicature 63 (June-July 1988).Dalton, Harlon L., "Criminal Law," AIDS Law Today: A New Guide for the Public, ch. 11 (Yale Univ.Press, 1993).Decker, "Prostitution as a Public Health Issue," Ch. 6, AIDS and the Law: A Guide for the Public (YaleUniv. Press, 1987).Decker, Scott H., and Richard Rosenfeld, "`My Wife Is Married and So Is My Girlfriend': Adaptations tothe Threat of AIDS in an Arrestee Population," 41 Crime & Delinquency 37 (January 1995).DeWolfe, Ruthanne, "The Rights of Non-HIV- and HIV-Positive Prisoners," 28 Clearinghouse Review1079 (January 1995).Dolan, Donoghoe & Stimson, "Drug Injecting and Syringe Sharing in Custody and in the Community: AnExploratory Survey of HIV Risk Behaviour," 29 The Howard Journal of Criminal Justice 177 (August1990).Dubler, Bergmann & Frankel, "Management of HIV Infection in New York State Prisons," 21 ColumbiaHuman Rights Law Review 363 (Spring 1990).Dwyer, John M., "Legislating AIDS Away: The Limited Role of Legal Persuasion in Minimizing the Spreadof Human Immunodeficiency Virus," 9 Journal of Contemporary Health Law and Policy 167 (Spring 1993).Field & Sullivan, "AIDS and the Criminal Law," 15 Law, Medicine & Health Care Nos. 1-2, 46 (Summer1987).Forlin & Wauchope, "AIDS and the Criminal Law," The Law Society's Gazette, 25 March 1987, 884-85(discussion of criminal liability for HIV transmission under British law).Freeman, Alexa, "HIV in Prison," AIDS Law Today: A New Guide for the Public, ch. 12 (Yale Univ.Press, 1993).Gabel, Jody B., "Release From Terminal Suffering? The Impact of AIDS on Medically Assisted SuicideLegislation," 22 Florida State University Law Review 369 (Fall 1994).Gebbie, Kristene, "AIDS and Government: Regulation of Sexual Behavior," 57 University of Missouri atKansas City Law Review 251 (Winter 1989).Gostin, Lawrence, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," 49Ohio State Law Journal 1017 (1989).Gostin, Lawrence O., and Zita Lazzarini, "Prevention of HIV/AIDS Among Injection Drug Users: TheTheory and Science of Public Health and Criminal Justice Approaches to Disease Prevention," 46 EmoryLaw Journal 587 (Spring 1997).Grady, "AIDS Challenges the Criminal Justice System," New Jersey Lawyer No. 126, 36 (January/February1989).Greenspan, Judy, "Struggle for Compassion: The Fight for Quality Care for Women with AIDS at CentralCalifornia Women's Facility," 6 Yale Journal of Law and Feminism 383 (Summer 1994) (brief articlefollowed by statements from five female prisoners with AIDS).Gregware, Peter R., "Courts, Criminal Process, and AIDS: The Institutionalization of Culture in LegalDecision Making," 16 Law & Policy 341 (July 1994).Griffin, Lurigio & Johnson, "HIV Policy for Probation Departments," 37 Crime & Delinquency 36 (Jan.1991).Hammett, AIDS and the Law Enforcement Officer: Concerns and Policy Responses (U.S. Dep't of Justice,National Institute of Justice)(1987).Hammett, AIDS in Correctional Facilities: Issues and Options (U.S. Dep't of Justice, National Institute ofJustice, Office of Communication and Research Utilization (January 1986; 2nd ed. 1987).Hammett, AIDS in Prisons and Jails (U.S. Dep't of Justice, National Institute of Justice) (1986).Hammett, Hunt, Gross, Rhodes & Moini, "Stemming the Spread of HIV Among IV Drug Users, TheirSexual Partners, and Children: Issues and Opportunities for Criminal Justice Agencies," 37 Crime &Delinquency 101 (Jan. 1991).Hanssens & Jacobi, "Blood Testing of Prisoners for the AIDS Virus: A Brief Reply," 20 Connecticut LawReview 813 (Summer 1988)(Reply to Branham, above).Hermann, "Criminalizing Conduct Related to HIV Transmission," 9 St. Louis University Public LawReview 351 (1990).Holland, Winifred H., "HIV/AIDS and the Criminal Law," 36 Criminal Law Quarterly 279 (1993-94).Inciardi, Pottieger, Forney, Chitwood & McBride, "Prostitution, IV Drug Use, and Sex-For-CrackExchanges Among Serious Delinquents: Risks for HIV Infection," 29 Criminology 221 (May 1991).Jackson, Mark H., "The Criminalization of HIV," in AIDS Agenda (New Press, 1992).Kane, Stephanie, and C. Jason Dotson, "HIV Risk and Injecting Drug use: Implications for Rural Jails," 43Crime & Delinquency 169 (April 1997).Kennedy, Homant & Emery, "AIDS Concerns Among Crime Scene Investigators," 17 Journal of PoliceScience and Administration 12 (March 1990).Khan, "The Application of Section 504 of the Rehabilitation Act to the Segregation of HIV-PositiveInmates," 65 Washington Law Review 839 (October 1990).King, Kathryn, "Communication Difficulties in the AIDS Ward: Can Cultural Theory Help?", 24 CriminalJustice and Behavior 391 (September 1997).Kirby, Michael, "AIDS and Prisons in Australia," 59 Medico-Legal Journal 252 (1991).Knepper, Kathleen, "Responsibility of Correctional Officials in Responding to the Incidence of the HIVVirus in Jails and Prisons," 21 New England Journal on Criminal and Civil Confinement 45 (Winter 1995).Lanier & McCarthy, "AIDS Awareness and the Impact of AIDS Education in Juvenile Corrections," 16Criminal Justice and Behavior 395 (December 1989).Laszlo & Smith, "Evaluating Criminal Justice Training Addressing AIDS Policy," 37 Crime & Delinquency19 (Jan. 1991).Legal Aid Society of New York, Complaint: Inmates of New York State With HIV v. New York, 5 NotreDame Journal of Law, Ethics & Public Policy 89 (1990).Loeb, Gary H., "Protecting the Right to Informational Privacy for HIV-Positive Prisoners," 27 ColumbiaJournal of Law and Social Problems 269 (Winter 1994).Lurigio (ed.), Special Issue: AIDS and Criminal Justice, 37 Crime & Delinquency No. 1 (Jan. 1991).Lurigio, "Practitioners' Views on AIDS in Probation and Detention," 53 Federal Probation No. 4, 16(December 1989).Lurigio, Petraitis & Johnson, "HIV Education for Probation Officers: An Implementation and EvaluationProgram," 37 Crime & Delinquency 125 (Jan. 1991).Lurigio, Popkin, Petraitis & Lampman, "Developing HIV Policies for the Juvenile Court System," 14Criminal Justice Journal 29 (Summer 1992).Magura, Rosenblum & Joseph, "AIDS Risk Among Intravenous Drug-Using Offenders," 37 Crime &Delinquency 86 (Jan. 1991).Mahaffey, Katherine J., and David K. Marcus, "Correctional Officers' Attitudes Toward AIDS," 22Criminal Justice and Behavior 91 (June 1995).Malkin, Ian, "Tort Law's Role in Preventing Prisoners' Exposure to HIV Infection While in Her Majesty'sCustody," 20 Melbourne University Law Review 423 (December 1995).Mapelli, "AIDS in Prison," 20 Columbia Human Rights Law Review S-19 (Spring 1989).Marcus, Amen & Bibace, "A Developmental Analysis of Prisoners' Conceptions of AIDS," 19 CriminalJustice & Behavior 174 (June 1992).Marcus, David K., and Roger Bibace, "A Developmental Analysis of Female Prisoners' Conceptions ofAIDS," 20 Criminal Justice and Behavior 240 (September 1993).Margolis, "The AIDS Epidemic: Reality Versus Myth," 72 Judicature 58 (June-July 1988).Mayer, Connie, "HIV-Infected Prisoners: What Mental Health Services Are Constitutionally Mandated?,"23 Journal of Psychiatry & Law 517 (Winter 1995).McCoy, "HIV Disease: Criminal and Civil Liability for Assisted Suicide," 21 Golden Gate University LawReview 437 (Fall 1991).McGuigan, "The AIDS Dilemma: Public Health v. Criminal Law," 4 Law & Inequality 545 (1986).Messing, "AIDS in Jail," 11 Northern Illinois University Law Review 297 (1991).Morgan, "The Problems of Testing for HIV," 29 The Judges' Journal No. 2, 22 (Spring 1990).Moriarity, "AIDS in Correctional Institutions: The Legal Aspects," 23 Criminal Law Bulletin 533 (Nov/Dec1987).Moss, "AIDS in Prison -- To Test or Not?" ABA Journal, January 1989, 17-18."NIJ Report on AIDS Urges Police To Be Ca