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This section courtesy:
http://www.aidsandthelaw.com/
Selected HIV/AIDS Law and Policy Resources
For students, researchers, advocates, and individuals with HIV, there's a wealth
of information about AIDS/HIV legal and policy issues. Here I've tried to narrow
the field to what I think will be most helpful within several categories. If you
have suggestions for additional listings, please send me an e-mail.
General Interest (U.S.)
AIDS Coordination Project, Directory of Legal Resources for People with AIDS &
HIV (American Bar Ass'n, Third Edition, 2001, updated April 2003 ).
For anyone who ever needs to make a legal referral in another geographic area
in the U.S., this directory is indispensable. The emphasis here is on free legal
services, and all states and U.S. territories and possessions are included, as
are Canadian organizations. The Directory is now available on the Internet for viewing or download as
a PDF file.
Scott Burris et al. eds., AIDS Law Today: A New Guide for the Public
(Yale U. Press, 1993, 462 pp., paperback, $15).
Although it's now somewhat dated, this reasonably priced paperback remains a valuable
introduction to the subject. The 18 chapters by 17 contributing authors provide
comprehensive coverage of HIV legal issues. In particular, Scott Burris's chapter
on "Testing, Disclosure, and the Right to Privacy" is an insightful essay on HIV
infection and health care professionals and should be read in tandem with the
case it discusses, In re Milton S. Hershey Medical Center, 634 A.2d 159 (Pa. 1993),
aff'g 595 A.2d 1290 (Pa. Super. Ct. 1991).
Arthur S. Leonard et al., AIDS Law and Policy: Cases and Materials
(John Marshall Pub. Co., 2d ed. 1995, 594 pp., softcover, $59).
This fairly traditional law school casebook on a non-traditional subject excerpts
a wealth of primary source materials, ranging from court opinions to newspaper
articles. Copious references to other sources are provided, and the indefatigable
authors never to tire of posing questions to test the reader's understanding of
the issues. A text that should by no means be confined to law school classrooms.
William B. Rubenstein et al., The Rights of People Who are HIV Positive:
The Authoritative ACLU Guide to the Rights of People Living with HIV Disease and
AIDS (Southern Ill. U. Press, 1996, 400 pp., paperback, $13.95).
The title may be cumbersome, but at least it's accurate: this really is an authoritative
guide. Written in a question-and-answer format, there's not much that this book
doesn't cover. Although it's written with the lay reader in mind, notes to the
text provide case and statutory citations, making it a handy introduction for
professional students and practitioners looking for a entry point into this area
of the law. In the U.S., call 1-800-775-ACLU to order a copy.
Sources on Confidentiality--Case Reporting--HIV Testing Issues
Here are some of the sources that provide insight into the dispute over the future
direction of HIV public health policy. The Atlantic Monthly magazine online has featured debate
on this subject. The ACLU
has a persuasive position paper on the subject, HIV Surveillance and Name Reporting:
A Public Health Case for Protecting Civil Liberties (Oct. 1997), which can be
ordered from the ACLU for $1.00 (1-800-775-ACLU) or accessed via the ACLU's website.
International and Non-U.S. Law
AIDS Law Project & Lawyers for Human Rights (South Africa), HIV/AIDS
and the Law: A Resource Manual (1997, 316 pp, softbound, R30 to nonprofit organizations,
R50 to commercial organizations).
This guidebook to the law in South Africa provides thorough coverage of legal
issues. For legal practitioners and writers worldwide, it is an outstanding example
of legal writing for the general public, creatively using graphics and other text-enhancing
devices in its presentation. Should be a model for others in writing about HIV
legal issues for the general reader. Updates are available. For ordering information,
e-mail AIDS Law Project, Centre for Applied Legal Studies, U. of the Witwatersrand,
South Africa.
Canadian HIV/AIDS Legal Network
Founded in 1992, the Canadian HIV/AIDS Legal Network undertakes research, education
and advocacy to promote the human rights of people living with or vulnerable to
HIV/AIDS, in Canada and around the world (the Network cannot provide legal assistance
to individuals). The Network researches and publishes outstanding reports and
fact sheets in a number of areas including criminal law, testing and confidentiality,
discrimination, disability issues, drug policy, prisons, vaccine and microbicide
development, and global access to essential medicines. Although focused on Canadian
law and policy, legal and policy issues in other countries are frequently discussed
and referenced. The Network also publishes the Canadian HIV/AIDS Policy and Law
Review three times a year, with summaries of important Canadian and international
cases and discussion of new developments in the law. These publications are available
through the Network's website. Print copies can be ordered through
the Canadian HIV/AIDS Information Centre, telephone (613) 725-3434, email mailto:aidssida@cpha.ca.
Lawrence O. Gostin & Zita Lazzarini, Human Rights and Public
Health in the AIDS Pandemic (Oxford U. Press, 1997, 229 pp., hardbound, $29.95).
The latest among several books that address the pandemic from an international
law perspective, this concise treatment of the subject includes a particularly
useful analytical tool: a seven-step process for the critical evaluation public
health policies, which the authors then apply in a variety of policy areas, ranging
from prevention and education activities to travel and immigration restrictions.
Three case studies in policy conflict are also presented: health care workers
with HIV, breast feeding and vertical transmission of HIV, and third-party (partner)
notification and confidentiality.
Blood Product Transmission
Institute of Medicine, HIV and the Blood Supply: An Analysis of Crisis
Decisionmaking (Nat'l Academy Press, Lauren Leveton et al. eds., 1995, 352 pp.,
hardbound, $47.95).
Prepared by a expert committee established by the U.S. Department of Health and
Human Services, this is a definitive account of the failure to prevent HIV transmission
via blood products during the 1980s. Among its 14 recommendations, the recommendation
that the federal government establish a no-fault compensation system has yet to
be acted on, although legislation has been introduced in Congress: Ricky Ray Hemophilia Relief Fund Act of 1997, H.R. 1023.
Robert K. Jenner, Transfusion-Associated AIDS (Lawyers & Judges Pub.
Co., 1995, 364 pp., hardbound, $65).
The primary author, Robert K. Jenner, is a highly experienced litigator of blood
and blood product HIV transmission cases. He provides an excellent primer on litigation
in this area. Nearly one-third of the book is an appendix reprinting some of the
legally significant documents from the early years of the epidemic, such as minutes
of the National Hemophilia Foundation.
Medicinal Marijuana
Lester Grinspoon & James B. Bakalar, Marihuana, The Forbidden Medicine
(Yale U. Press, 2d ed. 1997, $16)
Although it's by no means exclusively an HIV/AIDS issue, the question of availability
of marijuana for medicinal purposes has been given significant impetus from the
AIDS epidemic. Grinspoon & Bakalar provide an excellent overview of the subject
in this revised and enlarged 1997 edition.
Internet resources includethe Marijuana Policy Project,
which provides, among its many informational resources, tracking of federal and
state legislation on medical use of marijuana.
Also, the Drug Policy Alliance
is an excellent source for materials on medicinal marijuana, including a copy
of court documents that resulted in a preliminary injunction in Conant v. McCaffrey,
172 F.R.D. 681 (N.D. Cal. 1997), against the federal government's threat to prosecute
physicians, revoke their licenses, or limit their participation in Medicaid or
Medicare if they recommend the medical use of marijuana.
Syringe Exchange
Institute of Medicine, Preventing HIV Transmission: The Role of Sterile
Needles and Bleach (Nat'l Academy Press, Jacques Normand et al. eds., 1995, 351
pp., hardbound, $47.95).
This book resulted from an Act of Congress; nevertheless, contrary to the authors'
recommendation, neither Congress nor federal health officials have acted to make
federal funds available to support syringe exchange programs. Similarly, some
states, such as New Jersey, oppose syringe exchange programs and criminally prosecute
syringe exchange volunteers.
Lawrence O. Gostin & Zita Lazzarini, Prevention of HIV/AIDS Among
Injection Drug Users: The Theory and Science of Public Health and Criminal Justice
Approaches to Disease Prevention , 45 Emory L.J. 587 (1997).
This 100-page law review article is a significantly expanded version of an article
that previously appeared in the Journal of the American Medical Association (JAMA)
and was developed at an expert consultation at the Carter Presidential Center
under the auspices of the CDC. Among the authors' recommendations: exemption of
syringe exchange programs from criminal prohibitions on transfer and possession
of drug paraphernalia and repeal of syringe prescription laws.
The Drug Policy Alliance and Project
SERO - Syringe Exchange Resources Online are two excellent online sources
for materials on syringe exchange issues.
Reporting Services/Newsletters
AIDS Policy & Law
This biweekly newsletter is noteworthy for its frequent reports of otherwise unreported
case filings, settlements, and rulings, as well as legislative and regulatory
updates. With an annual subscription price of $487, it's out of reach for many
individuals, but an important resource for institutional libraries. Published
by LRP Publications, telephone: (215) 784-0860.
Lesbian/Gay Law Notes
This superb monthly publication of the Lesbian and Gay Law Association of Greater
New York is edited and chiefly written by Prof. Arthur Leonard of New York Law
School and reports on AIDS legal developments. Case summaries are primarily based
on the recent opinions reported by WestLaw. Annual case compilations are provided.
Subscriptions are available for the paper version (a bargain indeed -- only $45
annually), but an electronic version is available gratis via the Internet.
Prof. Leonard also maintains a comprehensive bibliography of HIV/AIDS law review
articles and related publications at the same website.
Occupations - Labor Market
Data - Work Incentives - Labor Law
Occupational
Outlook Handbook National
Employment Lawyers' Association
- Attorneys representing individual employees in cases involving employment
discrimination, wrongful termination, employee benefits and other employment-related
matters
ESI
- Employment Support Institute, Virginia Commonwealth University O*NET -
Occupational Information Network - Dept. of Labor (eventual DOT replacement)
Locator
Links: Finding People (alive & "other"), Businesses and Organizations:
Social
Security DMF [Death Master File] - Free search via Ancestry.Com - powerful
BigFoot - E-mail, phone
and street address listings
InfoSpace - Another leader:
Names, addresses, driving directions
Switchboard - Also strong
- phones, street addresses & e-mail
WhoWhere? - Phones, street
addresses & e-mail
Yahoo! People Search -
Takes advantage of the Four11 database
1-800-U.S.
Search - When all else fails, pay these folks to do the search
KnowX - "Adverse" public records,
with free and fee portions
Area
Code Finder
World Time Finder
Other Resources
Directory
of Federal Agencies
FirstGov - U.S. Government
Web Portal
GILS (Government Information Locator Service)
DOE: Human Radiation
Experiments
DOE: Human Radiation Experiments
White House
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