AIDS LEGAL BIBLIOGRAPHY
A compilation of articles and books concerning legal issues
surrounding the AIDS Epidemic published before
June 11, 1998
Compiled by
Arthur S. Leonard
Professor of Law
New York Law School
57 Worth Street
New York, N.Y. 10013
Table of Contents
Introduction
Periodical Resources
General: Symposia; Medical Issues; Overviews; Legislation
Legal Bibliographies
Confidentiality
Criminal Law & Corrections Issues
Domestic Relations (Family) Law
Employment Law (including Employment Discrimination)
Estate Planning & Decisionmaking
Housing
Immigration
Insurance and Benefits
International & Comparative Law & Travel
Legal & Judicial Professional Issues
Mental Health Law
Military
Pediatric, Childhood and Teen AIDS
Public Accommodations
Public Benefits
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, bar
journals, 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 likely
something has escaped the compiler's attention along the way. Only articles that actually mention and
discuss AIDS are included. Excluded are articles which generally discuss handicap discrimination law or
other issues without mentioning AIDS implications, and most of the numerous articles dealing generally
with implications of the passage of the Americans With Disabilities Act but not including a significant
AIDS focus.
Most entries are assigned to one category, although in some cases the title made it evident that an
article belonged in more than one category, and it was so assigned. Due to subject matter overlap, the
placement of some articles was arbitrary. Almost everything in the "General" category covers two or more
of the other categories, but many articles listed under "General" have not been listed elsewhere, since their
discussion of any one substantive area tends to be cursory. Many articles on handicap discrimination law
are 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 are
identified 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, Recent
Development, etc.
Periodical Resources
In addition to articles listed, researchers should be aware of the following resources which provide
continuing coverage of AIDS issues. Articles in these publications are generally not separately listed in the
following bibliography:
Periodicals
-- AIDS Update, a newsletter published by Lambda Legal Defense & Education Fund, 666
Broadway, 12th Fl., New York, N.Y. 10012. Summary of recent AIDS-related litigation and legislative and
policy developments.
-- AIDS Policy and Law, a biweekly newsletter published by BURAFF Publications, 1350 Connecticut
Ave., N.W., Suite 1000, Washington, D.C. 20036. News reporting of AIDS cases, legislation, and policy
debates.
-- Mental & Physical Disability Law Reporter, a bimonthly journal published by the American Bar
Association. News reporting and analysis of developing HIV-related discrimination litigation.
-- Lesbian/Gay Law Notes, a monthly newsletter published by the Lesbian & Gay Law Association of
Greater New York, 799 Broadway, Suite 340, New York, N.Y. 10003. News reporting on lesbian/gay and
AIDS issues, with bibliographical references. $25 annually/$30 US funds overseas.
-- The Exchange, a quarterly newsletter published by the National Lawyers Guild AIDS Network, 558
Capp 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, MD
21701. 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 (Fall
1986)(broad overview of frontier legal questions presented by AIDS epidemic).
Aiken, Jane & Michael Musheno, "Why Have-Notes Win the HIV Litigation Arena: Socio-Legal Dynamics
of 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 the
Special Concerns of Hospitals, American Hospital Association, November 1987 (available from AHA, 840
N. Lake Shore Dr., Chicago, IL 60611).
American Bar Association, AIDS: The Legal Issues, Discussion Draft of the ABA AIDS Coordinating
Committee, 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 AIDS
Epidemic 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 Michigan
Law 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 by
Congressman William Dannemeyer & Hellar Ann Hancock, and Nan Hunter, Esq., ACLU).
Banks, Taunya Lovell, "Women and AIDS -- Racism, Sexism, and Classism," 17 New York University
Review of Law & Social Change 351 (1989-90).
Barron, Paul, Sara J. Goldstein & Karen L. Wishnev, "State Statutes Dealing with HIV and AIDS: A
Comprehensive State-by-State Summary," 5 Law & Sexuality 1 (1995).
Bayer, Ronald, "Between Past and Future: AIDS Policy in International Perspective," 23 New York
University 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 York
University 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 Bar
Journal No. 6, 2 (June 1987).
Breen, "AIDS -- An Acquired Community Problem," 32 Medical Trial Technique Quarterly 249 (Winter
1986).
Breo, "Confronting AIDS," 34 Medical Trial Technique Quarterly 137 (Fall 1987) (journalistic account of
the 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 - Civil
Liberties Law Review 353 (Summer 1994).
Closen, Michael L., "Introduction: HIV-AIDS in the 1990s," 27 John Marshall Law Review 239 (Winter
1994) (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 of
Health Politics, Policy and Law 215 (Summer 1991).
Comment, "AIDS as a Protected Handicap Under the Civil Rights Restoration Act of 1987," 35 Loyola
Law 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: The
Problem 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 (September
1987)(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 Seton
Hall 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 San
Francisco Law Review 317 (Winter 1988).
Comment, "The Rights of an AIDS Victim in Wisconsin," 70 Marquette Law Review 55 (Fall
1986)(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 (Jun
1992).
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 (May
1987).
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," 15
Communications [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)(2nd
edition published 1992).
Dorney, Linda, Book Review, "And the Band Played On - Politics, People, and the AIDS Epidemic," 3
Journal 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 with
AIDS patients).
Drass, Kriss A., Peter R. Gregware, and Michael Musheno, "Social, Cultural, and Temporal Dynamics of
the 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," 26
Alberta Law Review 471 (1988).
Dunlap, Mary C., "AIDS and Discrimination in the United States: Reflections on the Nature of Prejudice
in a Virus," 34 Villanova Law Review 909 (1989).
English & Gates, "Drugs and AIDS: Meeting the Health Care Needs of Women and Children," 25
Clearinghouse Review 361 (1991).
Ettelbrick, Paula, "Introduction: AIDS and the Law," 24 John Marshall Law Review No. 3, xiv (Spring
1991)(Introduction to Symposium).
Feffer, Louise H., "AIDSphobia, A New Entity," 65 New York State Bar Journal No. 2, 14 (February
1993).
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 Twentieth
Century," 61 Albany Law Review 989 (1998).
Fidler, David P., David L. Heymann, Stephen M. Ostroff, and Terry P. O'Brien, "Emerging and
Reemerging Infectious Diseases: Challenges for International, National, and State Law," 31 The
International Lawyer 773 (Fall 1997).
Figueira, Michaela, "AIDS, the Namibian Constitution and Human Rights -- an Overview," 9 South
African 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 Report
No. 6, Special Supplement 11 (December 1986).
Fox, Daniel M., "Physicians versus Lawyers: A Conflict of Cultures," AIDS Law Today: A New Guide for
the 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 public
interest 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 legal
problems).
Fuchsberg, "Introduction: Law, Social Policy, and Contagious Disease: A Symposium on AIDS," 14 Hofstra
Law Review 1 (1985).
Gabel, Jody B., "Release From Terminal Suffering? The Impact of AIDS on Medically Assisted Suicide
Legislation," 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 with
Dan Bradley, Esq., former President of United States Legal Services Corporation, about his life as a person
with AIDS).
Gaynor, "Executive Action Against AIDS: A Proposal for Federal Regulation Under Existing Law," 49
Ohio 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 the
Community and the Workplace -- A Medical Precis," Proceedings of the 39th Annual National Conference
on Labor Ch. 15, New York University, 1986.
Gittler, Josephine & Marle McPherson, "Introduction to Symposium on HIV Infection Among Women of
Reproductive 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 Public
Policy," 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 on
legal issues).
Gostin, Lawrence, "The AIDS Litigation Project: A National Review of Court and Human Rights
Commission 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 of
Trends 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 auspices
of 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 Information
Clearinghouse, P.O. Box 6003, Rockville, MD 20850.
Green, Jesse, Gerald M. Oppenheimer, and Neil Wintfeld, "The $147,000 Misunderstanding: Repercussions
of 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 AIDS
discrimination cases and legal protections in Los Angeles area).
Hermann & Schurgin, Legal Aspects of AIDS (Callaghan & Company, 1991) (loose-leaf treatise; to be
supplemented 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 (Summer
1990).
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 Trial
Technique Quarterly 324 (1993).
Hirsh, Harold L., "Social, Legal, Medical & Ethical Challenges of HIV Infection (Part II)," 39 Medical
Trial Technique Quarterly 461 (1993).
Hodes, Joel L., and Ellen M. Bach, "Corporate America's Response to the AIDS Crisis: What Price
Glory?", 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 Miami
Inter-American Law Review 1 (Fall 1988).
Jarvis, Robert, Michael Closen, Donald Hermann & Arthur Leonard, AIDS Law in a Nutshell (West
Publishing Co., 1991).
Johnson & Soskolne, "AIDS: Medicolegal Considerations for Canadian Hospitals," 135 Canadian Medical
Association 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," 12
Nova 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 Law
Review 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 Law
Bulletin 1457 (October 1994).
Kirby, Michael, "Legal Implications of AIDS," 16 Commonwealth Law Bulletin 620 (April 1990)(speech at
symposium 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 (December
1988)(introduction to symposium).
Krim, "AIDS: The Challenge to Science and Medicine," 15 Hastings Center Report No. 4, Special
Supplement 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 for
litigators coping with the problems of persons with AIDS; areas covered include insurance, right to
services, discrimination, military, immigration).
Lambda Legal Defense & Education Fund, Inc., Living With AIDS: A Guide to the Legal Problems of
People 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 (New
Press, 1992).
Law Journal Seminars-Press, AIDS: Legal Aspects of a Medical Crisis (New York, 1985) (Coursebook for
what 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. James
Allen, Michael S. Cecere, and Mitchell Karp).
Lazere, "Death and Discrimination," 15 Barrister No. 2, 9 (Summer 1988) (profile of San Francisco AIDS
Discrimination 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 of
materials 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 of
San Francisco Maritime Law Journal 173 (Summer 1989).
Lovitch, Karen S., "State AIDS-Related Legislation in the 1990s: Adopting a Language of Hope Which
Affirms Life," 20 Nova Law Review 1187 (Spring 1996).
Macher, et al., "Educating Primary Care Providers About HIV Disease: Multidisciplinary Interactive
Mechanisms," 109 Public Health Reports 305 (May-June 1994).
Mann, Jonathan, "Human Rights and AIDS: The Future of the Pandemic," 30 John Marshall Law Review
195 (Fall 1996).
Mann, Jonathan, Daniel Tarantola, Jeff O'Malley, and the Global AIDS Policy Coalition, "Toward a New
Health 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, Special
Supplement 12 (December 1986).
McDougall, "AIDS: A Plague Upon Your Civil Liberties," 6 In the Public Interest (State University of
New York at Buffalo Law School) 35 (1986).
McLaughlin, "AIDS: Current State of the Law -- An Overview (An Outline)," 3 Journal of Law and
Health 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 (Winter
1994).
Merritt, Book Review: "AIDS and the Law: A Guide for the Public," 28 Jurimetrics Journal 501 (Summer
1988).
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 (May
1988)(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 Amidst
Crisis," 16 Law & Policy 235 (July 1994).
National Gay Rights Advocates, "AIDS and Handicap Discrimination: A Survey of the 50 States and the
District of Columbia," September, 1986 (results of mail and telephone survey of all state human rights
agencies on their approach to AIDS discrimination charges).
National Lawyers Guild AIDS Network & National Gay Rights Advocates, AIDS Practice Manual: A
Legal 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," 8
Georgetown Journal of Legal Ethics 691 (Spring 1995) (Giovanni Anzalone).
Note, "Asymptomatic Infection with the AIDS Virus as a Handicap Under the Rehabilitation Act of
1973," 88 Columbia Law Review 563 (April 1988).
Note, "Characterization and Disease: Homosexuals and the Threat of AIDS," 66 North Carolina Law
Review 226 (November 1987).
Note, "HIV-Positive, Equal Protection Negative," 81 Georgetown Law Journal 375 (December 1992) (Sean
C. 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 Social
Construction of HIV," 23 American Journal of Law & Medicine 7 (1997).
Parmet, Wendy, "An Antidiscrimination Law: Necessary But Not Sufficient," in Gostin (ed.), AIDS and
the Health Care System (Yale Univ. Press, 1990).
Parmet, Wendy, "Guest Book Review," 12 American Journal of Law & Medicine 503 (1986) (review of
Shilts, 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 Reporter
402 (November/December 1985) (Consideration of applicability of handicap discrimination law in a wide
variety of AIDS contexts).
Parry, John, "AIDS as a Handicapping Condition: Part II," 10 Mental & Physical Disability Law Reporter
2 (January/February 1986).
Parry, John, "Life Services Planning for Persons With AIDS-Related Mental Illnesses," 13 Mental and
Physical Disability Law Reporter 82 (March-April 1989).
Parry, John, "Supreme Court Turns Aside Assault on 504," 11 Mental & Physical Disability Law
Reporter 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," 37
Medicine, 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 Nassau
County, Florida v. Arline," 26 Duquesne Law Review 511 (Winter 1988).
Recent Developments, "Civil Rights -- Rehabilitation Act of 1973 -- Individuals Affected With Contagious
Disease Held "Handicapped" and Entitled to Protections of Section 504 (29 U.S.C. 794)," 19 St. Mary's
Law 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 Quarterly
627 (1989).
Retkin, Randye, Gary L. Stein, and Barbara Hermie Draimin, "Attorneys and Social Workers
Collaborating 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 Law
Review 324 (1989) (New Zealand - review of Canadian book).
Riley, Diane M., Review/Commentary on Strang & Stimson (eds.), "AIDS and Drug Misuse: The
Challenge 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 AIDS
Crisis and How We Might Improve Our Response, by Sandra Panem, 14 Journal of Health Politics, Policy
and 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 to
1988 (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 the
Public," 82 Northwestern University Law Review 859 (Spring 1988).
Salbu, Steven R., "HIV Home Testing and the FDA: The Case for Regulatory Restraint," 46 Hastings Law
Journal 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 about
possible 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, August
10, 1986.
Schroedel, Jean Reith, and Daniel R. Jordan, "Senate Voting and Social Construction of Target
Populations: A Study of AIDS Policy Making, 1987-1992," 23 Journal of Health Politics, Policy and Law
107 (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 Law
Review 379 (1990).
Schultz, Gene, and Reuter, "AIDS Legislation in Missouri: An Analysis and a Proposal," 53 Missouri Law
Review 599 (Fall 1988).
Seage, George R., III, Kenneth H. Mayer, and others, "HIV and Hepatitis B Infection and Risk Behavior
in 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 (December
1985) (Detailed discussion of steps taken by City of New York through 1985 to respond to the AIDS
epidemic).
Shekter & Goldsmith, "The Legal Implications of AIDS: The Canadian Experience," 10 Journal of Legal
Medicine 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 Law
Review 401 (1988).
Slind-Flor, "At The Limits: Major AIDS Cases Have Been Teaching Old Law New Tricks," National Law
Journal, 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 AIDS
legal issues).
Stein, "The Settlement of AIDS Disputes," A Report for the National Center for Health Services
Research, Environmental Mediation International (September 1986; revised, January 1987).
Stevens, Helga, "AIDS, Not Hearing AIDS: Exploring the Link Between the Deaf Community and
HIV/AIDS," 2 Health and Human Rights No. 4, 98 (1998).
Stewart, Gordon & Ostrognai, "Ohio Handicap Law," 13 University of Dayton Law Review 181 (Winter
1988)(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 (Spring
1993) (Brief overview by former U.S. Secretary of Health and Human Services).
Summary, Analysis & Commentary, "New Medical Meanings for Section 504 -- the Federal Handicapped
Persons 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 of
Rehabilitation Act," 21 Clearinghouse Review 249 (July 1987).
Symons, Andrew L., "A Three-Step Test for Determining When Compliance with the Americans With
Disabilities 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)(various
aspects of public policy and IV-related HIV transmission).
Symposium, "Health Law Symposium Issue," 65 Denver University Law Review No. 2-3 (1988) (three
articles 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 Iowa
Law 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 of
International Law & Politics No. 4 (Summer 1991)
Symposium, "Law and Health Care: Legal Aspects of AIDS" (Panel Discussion), 8 Whittier Law Review
503 (1986)
Symposium, "Law, Social Policy, and Contagious Disease: A Symposium on Acquired Immune Deficiency
Syndrome (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?", 61
Albany Law Review No. 3 (1998).
Tarr, "AIDS: The Legal Issues Widen," National Law Journal, November 25, 1985 (Overview/report on
AIDS 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 Journal
965 (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 University
Law 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 to
symposium).
Whitty, Michael D., and Martin Andrukonis, "Corporate Response to the ADA in One City," 45 Labor
Law Journal 306 (May 1994).
Wilkinson, Wendy, "Judicially Crafted Barriers to Bringing Suit Under the Americans With Disabilities
Act," 38 South Texas Law Review 907 (July 1997).
Wodak, Alex, "Health, HIV Infection, Human Rights, and Injecting Drug Use," 2 Health and Human
Rights 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," 9
St. Louis University Public Law Review 519 (1990).
Zuger & Weitz, "Professional Responsibilities in the AIDS Generation," Hastings Center Report (June
1987), 16-23 (review of ethical issues confronting health care professionals and researchers with respect to
AIDS).
Legal Bibliographies
Austin, 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," 11
Northern Illinois University Law Review 481 (1991).
Austin, John R. & Trammell, "American Family Law in the Age of AIDS: An Annotated Bibliography," 24
John 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," 3
Cornell 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 and
Medical 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--AIDS
Bibliography, 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 Legal
Reference Services 105 (1993).
Koneseki-White, Bonnie L., "AIDS and HIV: The Legal Dimension: A Selective Bibliography," 6 Journal
of 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 Law
Library, University of Texas at Austin School of Law.
Leonard, "AIDS Legal Bibliography," 4 AIDS & Public Policy Journal 233 (1989)(covers publications
received 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).
Confidentiality
Belitsky & Solomon, "Doctors and Patients: Responsibilities in a Confidential Relationship," AIDS and the
Law: 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 State
Independent 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 Drake
Law Review 343 (1987-88).
Burris, Scott, "Healthcare Privacy & Confidentiality: The Complete Legal Guide," 16 Journal of Legal
Medicine 447 (September 1995) (book review essay).
Butts, J. David, "HIV/AIDS-Related Information and the Rule of Confidentiality: Can We Accept
Exceptions?", 40 Medical Trial Technique Quarterly 1 (1993).
Case Note, "Doe v. Southeastern Pennsylvania Transportation Authority (SEPTA): The Politics of
Disclosure," 6 Ohio N.U. Journal of Pharmacy & Law 133 (1998).
Cohen, Jon D., "AIDS Confidentiality: Are Computerized Medical Records Making Confidentiality
Impossible?", 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 Cincinnati
Law Review 697 (Winter 1998) (Grace-Marie Mowery).
Comment, "AIDS: Balancing the Physician's Duty to Warn and Confidentiality Concerns," 38 Emory Law
Journal 279 (Winter 1989).
Comment, "Confidentiality and Dissemination of Personal Information: An Examination of State Laws
Governing Data Protection," 41 Emory Law Journal 1185 (Fall 1992) (Bruce D. Goldstein) (includes
extensive appendices of state laws, including HIV confidentiality laws).
Comment, "Disclosure of an Adoptee's HIV Status: A Return to Orphanages and Leper Colonies?", 13
John Marshall Journal of Computer & Information Law 343 (Winter 1995) (Charles Cheifec).
Comment, "Disclosure of Medical Information Under Louisiana and Federal Law," 65 Tulane Law Review
169 (November 1990)(discusses AIDS confidentiality statute).
Comment, "Doctor-Patient Confidentiality Versus Duty to Warn in the Context of AIDS Patients and
Their Partners," 47 Maryland Law Review 675 (Spring 1988).
Comment, "Doe v. Town of Plymouth and Officer Paul Tibbetts: When is the Disclosure of HIV Status
Beyond 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 Journal
of Law & Medicine 419 (1995) (William O. Fabbri).
Comment, "Individual Privacy Interests and the `Special Needs' Analysis for Involuntary Drug and HIV
Tests," 86 California Law Review 119 (January 1998)(Sean Anderson).
Comment, "Privilege -- Confidentiality of Blood Donor Identity: Plaintiff v. National Blood Supply -- Belle
Bonfils Memorial Blood Center v. District Court, 763 P.2d 1003 (Colo. 1988)," 23 Suffolk University Law
Review 183 (Spring 1989).
Comment, "Protecting Confidentiality in the Effort to Control AIDS," 24 Harvard Journal on Legislation
315 (Winter 1987).
Comment, "The Confidentiality of HIV-Related Information: Responding to the Resurgence of Aggressive
Public 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 has
AIDS 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, 1992
Wisconsin 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. Public
Law Review 25 (1988).
Edgar and Sandomire, "Medical Privacy Issues in the Age of AIDS: Legislative Options," 16 American
Journal 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 Law
Review 55 (1989).
Hirsh, "A Visitation With AIDS (Part VII)," 37 Medical Trial Technique Quarterly 1 (1990) (focus on
confidentiality issues in the health care context).
Holder, "The Biomedical Researcher and Subpoenas: Judicial Protection of Confidential Medical Data," 12
American Journal of Law & Medicine 405 (1986).
Hollins, Janet, "An Imminent, Unidentifiable Victim: Does HIV Require a Duty to Warn?", 64 Defense
Counsel Journal 214 (April 1997).
Hryce, Michel, "The Legal Protection of Privacy and HIV/AIDS," 3 Australasian Gay & Lesbian Law
Journal 46 (October 1993).
Iheukwumere, Emmanuel O., "HIV-Positive Medical Practitioners: Legal and Ethical Obligations to
Disclose," 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 John
Marshall Law Review 727 (Summer 1992).
Isaacman, Scott H., and Lisa A Miller, "Neonatal HIV Seroprevalence Studies: A Critique of National and
International Practices," 14 Journal of Legal Medicine 413 (September 1993).
Jayawardena, H., "AIDS and Professional Secrecy in the United States," 36 Medicine, Science & the Law
37 (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' Medical
Status," 70 Tulane Law Review 2311 (June 1996).
Klein, Sandra S., "Your Right to Privacy and the AIDS Virus: A Selective Bibliography," 13 Legal
Reference Services 105 (1993).
Labowitz, "Beyond Tarasoff: AIDS and the Obligation to Breach Confidentiality," 9 St. Louis University
Law Review 495 (1990).
Loeb, Gary H., "Protecting the Right to Informational Privacy for HIV-Positive Prisoners," 27 Columbia
Journal of Law and Social Problems 269 (Winter 1994).
Logan, Mary K., "Who's Afraid of Whom? Courts Require HIV-Infected Doctors to Obtain Informed
Consent of Patients," 44 DePaul Law Review 483 (Winter 1995).
McCarthy & Porter, "Confidentiality: The Protection of Personal Data in Epidemiological and Clinical
Research Trials," 19 Law, Medicine & Health Care 238 (Fall-Winter 1991).
McDonald, "Ethical Problems for Physicians Raised by AIDS and HIV Infection: Conflicting Legal
Obligations 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 AIDS
Stigmatized 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 Preventing
Disease Transmission and Safeguarding Confidentiality," 76 Georgetown Law Journal 169 (October 1987).
Note, "Containing the AIDS Virus ... Testing ... Reporting ... Confidentiality ... Quarantine ... Constitutional
Considerations," 37 Cleveland State Law Review 369 (1989).
Note, "Deadly Confidentiality: AIDS and Rule 1.6(b)," 4 Georgetown Journal of Legal Ethics 435 (Fall
1990) (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 Law
Review 1199 (Rebecca Walker).
Note, "Hey Doc, Can You Keep a Secret? An Ohio Physician's Right to Warn Third Parties That They
May 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," 25
Southwestern 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 Proper
Balance," 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 Provide
Adequate 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 of
Patients, 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) (New
Zealand journal).
Philipson & Wood, AIDS, Testing, and Privacy: An Analysis of Case Histories (Available from AIDS Legal
Referral Panel, 1663 Mission St., Suite 400, San Francisco, CA 94103)(1987) (Case studies of failure to
keep 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 the
Duty 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 medical
records).
Severson, Margaret, "Protection or Prevention: Testing the Prisoner Population for Communicable
Diseases," 18 Criminal Justice Review 203 (Autumn 1993).
Skiver, Stephen A., and James A. Hickey, "AIDS: Legal Issues 1992," 19 Ohio Northern University Law
Review 839 (1993)(physician-patient privilege; summary of Ohio and neighboring states developments for
1992).
Stanley, Ann E., "May I Ask You a Personal Question? The Right to Privacy and HIV Testing in the
European Community and the United States," 65 Fordham Law Review 2775 (May 1997).
Student Article, "Alabama's Confidentiality Quagmire: Psychotherapists, AIDS, Mandatory Reporting, and
Tarasoff," 19 Law & Psychology Review 241 (Spring 1995) (James Paul Sizemore).
Stewart, Tracy M. and N. Dickon Reppucci, "AIDS and Murder: Decisions Regarding the Maintenance of
Confidentiality 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 Journal
on 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 Out
Hard 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 (April
1990).
Watson, Shelly Stucky, "Keeping Secrets that Harm Others: Medical Standards Illuminate Lawyer's
Dilemma," 71 Nebraska Law Review 1123 (1992).
Weimer, Deborah, "Ethical and Legal Issues in AIDS Research," 17 Journal of Legal Medicine 177 (March
1996) (book review essay).
Zeldin, Jessica, "Disabling Employers: Problems With the ADA's Confidentiality Requirement in
Unionized 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 monographs
on 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 Justice
System, "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 the
Bar, 42 W. 44 St., NYC 10036].
Association of the Bar of the City of New York, Joint Subcommittee on AIDS in the Criminal Justice
System, "AIDS and the Criminal Justice System: A Preliminary Report and Recommendations," 42 The
Record 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 Association
809 (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 justice
system).
Abt & Hardy (eds.), AIDS and the Courts (Abt Books, Cambridge, MA, 1990) (edited material from
National 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 for
Juvenile Sex Offenders," 63 UMKC Law Review 455 (Spring 1995).
Andrias, Richard T., "Shed Your Robes: Three Reasons for Aggressive Judicial Leadership with the HIV
Epidemic," 29 The Judges' Journal No. 2, 4 (Spring 1990).
Andrias, Richard T., "Urban Criminal Justice: Has the Response to the HIV Epidemic Been `Fair?'", 20
Fordham Urban Law Journal 497 (1993).
Balek, Debra J., "AIDS Dementia Complex: A New and Necessary Insanity Defense," 40 Medical Trial
Technique 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," 14
Criminal 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 The
Judges' Journal No. 2, 46 (Spring 1990).
Branham, "Opening the Bloodgates: The Blood Testing of Prisoners for the AIDS Virus," 20 Connecticut
Law Review 763 (Summer 1988)(argument favoring testing of prisoners and suggesting it may be
constitutionally mandated; for Reply, see Hanssens & Jacobi, below)
Branham, "Out of Sight, Out of Danger?: Procedural Due Process and the Segregation of HIV-Positive
Inmates," 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 Disease
Behind 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 Beliefs
Among 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 American
Journal of Criminal Law 617 (Summer 1997) (Brenda E. Perez).
Chambers, "Prosecutors Have Used Criminal Statutes to Deter Others From Spreading AIDS," National
Law 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," 23
Connecticut Law Review 1001 (Summer 1991).
Closen, Michael L., Mary Anne Bobinski, Donald H.J. Hermann, John F. Hernandez, Gene P. Schultz, and
J. Kelly Strader, "Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," 46 Arkansas
Law Review 921 (1994) (edited transcript of panel discussion at 1993 Association of American Law
Schools annual meeting).
Closen, Michael & Scott Isaacman, "Criminal Pregnancy: Are AIDS-Transmission Laws Encouraging
Abortion?", American Bar Association Journal, December 1990, at 76-78.
Colangelo, Faith, and Mariana Hogan, "Jails and Prisons -- Reservoirs of TB Disease: Should Defendants
With HIV Infection (Who Cannot Swim) Be Thrown Into the Reservoir?", 20 Fordham Urban Law
Journal 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 the
Criminal 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 Use
Constitute Consent?", 19 University of Dayton Law Review 227 (Fall 1993).
Comment, "Criminalizing HIV Transmission: Lessons from History and a Model for the Future," 8 Journal
of 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. Brian
Leech).
Comment, "Criminalizing the Intentional or Reckless Exposure to HIV: A Wake-Up Call to Kansas," 46
University 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 Law
and 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 Prenatal
Transfer of AIDS/HIV be the Next Step in the Battle Against this Deadly Epidemic?", 97 Dickinson Law
Review 383 (Winter 1993) (Deborah A. Wieczorkowski Wanamaker).
Comment, "Gomez v. United States: Is Sentencing a Criminal Defendant With Acquired Immune
Deficiency Syndrome (AIDS) Cruel and Unusual Punishment?," 14 Criminal Justice Journal 105 (Summer
1992).
Comment, "Imposing Criminal Liability on Those Who Knowingly Transmit the AIDS Virus: A
Recommendation 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 Florida
State University Law Review 981 (Winter 1994) (Jody B. Gabel).
Comment, "Prisoner AIDS Testing: A Comment on Dunn v. White," 68 Denver University Law Review
469 (1991).
Comment, "Sentenced to Prison, Sentenced to AIDS: The Eighth Amendment Right to be Protected From
Prison's Second Death Row," 92 Dickinson Law Review 863 (Summer 1988).
Comment, "The AIDS Challenge Continues: Should Pennsylvania's Criminal Law Take On the
Challenge?", 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 Fourth
Amendment Balance," 67 Washington Law Review 195 (Jan. 1992).
Comment, "The Fourth Amendment's Challenge to Mandatory AIDS Testing of Convicted Sexual
Offenders -- Has the AIDS Virus Attacked Our Constitutional Right to Privacy?", 4 Seton Hall Law
School Constitutional Law Journal 279 (Winter 1993) (Barbara Danko).
Cooper, "The Impact of AIDS on American Schools and Prisons," 1987 Annual Survey of American Law
117.
Coughlin, "AIDS in Prisons: One Correctional Administrator's Recommended Policies and Procedures," 72
Judicature 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 (Yale
Univ. Press, 1987).
Decker, Scott H., and Richard Rosenfeld, "`My Wife Is Married and So Is My Girlfriend': Adaptations to
the 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 Review
1079 (January 1995).
Dolan, Donoghoe & Stimson, "Drug Injecting and Syringe Sharing in Custody and in the Community: An
Exploratory Survey of HIV Risk Behaviour," 29 The Howard Journal of Criminal Justice 177 (August
1990).
Dubler, Bergmann & Frankel, "Management of HIV Infection in New York State Prisons," 21 Columbia
Human Rights Law Review 363 (Spring 1990).
Dwyer, John M., "Legislating AIDS Away: The Limited Role of Legal Persuasion in Minimizing the Spread
of 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 (Summer
1987).
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 Suicide
Legislation," 22 Florida State University Law Review 369 (Fall 1994).
Gebbie, Kristene, "AIDS and Government: Regulation of Sexual Behavior," 57 University of Missouri at
Kansas City Law Review 251 (Winter 1989).
Gostin, Lawrence, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," 49
Ohio State Law Journal 1017 (1989).
Gostin, Lawrence O., and Zita Lazzarini, "Prevention of HIV/AIDS Among Injection Drug Users: The
Theory and Science of Public Health and Criminal Justice Approaches to Disease Prevention," 46 Emory
Law Journal 587 (Spring 1997).
Grady, "AIDS Challenges the Criminal Justice System," New Jersey Lawyer No. 126, 36 (January/February
1989).
Greenspan, Judy, "Struggle for Compassion: The Fight for Quality Care for Women with AIDS at Central
California Women's Facility," 6 Yale Journal of Law and Feminism 383 (Summer 1994) (brief article
followed by statements from five female prisoners with AIDS).
Gregware, Peter R., "Courts, Criminal Process, and AIDS: The Institutionalization of Culture in Legal
Decision 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 of
Justice, 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, Their
Sexual 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 Law
Review 813 (Summer 1988)(Reply to Branham, above).
Hermann, "Criminalizing Conduct Related to HIV Transmission," 9 St. Louis University Public Law
Review 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-Crack
Exchanges 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," 43
Crime & Delinquency 169 (April 1997).
Kennedy, Homant & Emery, "AIDS Concerns Among Crime Scene Investigators," 17 Journal of Police
Science and Administration 12 (March 1990).
Khan, "The Application of Section 504 of the Rehabilitation Act to the Segregation of HIV-Positive
Inmates," 65 Washington Law Review 839 (October 1990).
King, Kathryn, "Communication Difficulties in the AIDS Ward: Can Cultural Theory Help?", 24 Criminal
Justice 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 HIV
Virus 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," 16
Criminal Justice and Behavior 395 (December 1989).
Laszlo & Smith, "Evaluating Criminal Justice Training Addressing AIDS Policy," 37 Crime & Delinquency
19 (Jan. 1991).
Legal Aid Society of New York, Complaint: Inmates of New York State With HIV v. New York, 5 Notre
Dame Journal of Law, Ethics & Public Policy 89 (1990).
Loeb, Gary H., "Protecting the Right to Informational Privacy for HIV-Positive Prisoners," 27 Columbia
Journal 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 Evaluation
Program," 37 Crime & Delinquency 125 (Jan. 1991).
Lurigio, Popkin, Petraitis & Lampman, "Developing HIV Policies for the Juvenile Court System," 14
Criminal 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," 22
Criminal Justice and Behavior 91 (June 1995).
Malkin, Ian, "Tort Law's Role in Preventing Prisoners' Exposure to HIV Infection While in Her Majesty's
Custody," 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 Criminal
Justice & Behavior 174 (June 1992).
Marcus, David K., and Roger Bibace, "A Developmental Analysis of Female Prisoners' Conceptions of
AIDS," 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 Law
Review 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/Dec
1987).
Moss, "AIDS in Prison -- To Test or Not?" ABA Journal, January 1989, 17-18.
"NIJ Report on AIDS Urges Police To Be Careful But Not Alarmed," 18 Criminal Justice Newsletter No.
16, 1 (Aug. 17, 1987).
Note, "AIDS, Rape, and the Fourth Amendment: Schemes for Mandatory AIDS Testing of Sex
Offenders," 43 Vanderbilt Law Review 1607 (October 1990).
Note, "AIDS and Rape: The Constitutional Dimensions of Mandatory Testing of Sex Offenders," 76
Cornell Law Review (November 1990).
Note, "AIDS Behind Bars: Judicial Barriers to Prisoners' Constitutional Claims," 45 Drake Law Review
527 (1997) (Sarah E. Frink).
Note, "AIDS in Prison: Judicial Indifference to the AIDS Epidemic in Correctional Facilities Threatens the
Constitutionality of Incarceration," 37 New York Law School Law Review 663 (1992) (D. Stuart Sowder).
Note, "AIDS in Prisons: Are We Doing the Right Thing?" 13 New England Journal on Criminal and Civil
Confinement 269 (Summer 1987).
Note, "AIDS Testing of Rape Suspects: Have the Rights of the Accused Met Their Match?," 1990
University of Illinois Law Review 347.
Note, "Constitutional Principles and Human Decency Demand a Uniform National Policy for the
Management of HIV Inmates," 14 Criminal Justice Journal 51 (Summer 1992) (Andrea Collura).
Note, "Could California Reduce AIDS by Modeling Nevada Prostitution Law?", 2 San Diego Justice
Journal 491 (Summer 1994) (James R. Stout and Thomas S. Tanana, Esq.).
Note, "Criminal Liability for Attempting to Inflict the AIDS Virus: Possibilities in Arkansas' Future," 45
Arkansas Law Review 505 (1992).
Note, "Criminalizing HIV Transmission: New Jersey Assembly Bill 966," 15 Seton Hall Legislative Journal
193 (1991).
Note, "Criminalizing the Sexual Transmission of HIV: An International Analysis," 15 Hastings
International & Comparative Law Journal 475 (Spring 1992).
Note, "Dangerous Liaisons: Criminalizing Conduct Related to HIV Transmission," 29 Willamette Law
Review 843 (Fall 1993) (Jacob A. Heth).
Note, "Death at First Bite: A Mens Rea Approach in Determining Criminal Liability for Intentional HIV
Transmission," 35 Arizona Law Review 237 (1993) (Kimberly A. Harris).
Note, "Discrimination Against Prisoners With AIDS -- Equal Protection and Due Process Claims Arising
From Segregation and Denial of Conjugal Visits," 6 New York Law School Journal of Human Rights 99
(Fall 1988).
Note, "Harris v. Thigpen: Segregating HIV-Positive Inmates in the Alabama Correctional System," 43
Mercer Law Review 1263 (Summer 1992) (Thomas E. Best).
Note, "In Prison With AIDS: The Constitutionality of Mass Screening and Segregation Policies," 1988
University of Illinois Law Review 151.
Note, "In Search of a Balance: AIDS, Rape, and the Special Needs Doctrine," 66 New York University
Law Review 1881 (Dec. 1991) (Lisa Simotas).
Note, "Management of Seropositive AIDS Inmates in the Prison Population: The Michigan Approach," 36
Wayne Law Review 1589 (Summer 1990).
Note, "Mandatory AIDS Testing: The Slow Death of Fourth Amendment Protection?," 20 Pacific Law
Journal 1413 (1989).
Note, "Mandatory HIV Testing and Prostitution: The World's Oldest Profession and the World's Newest
Deadly Disease," 45 Hastings Law Journal 1565 (Aug. 1994).
Note, "Prisoners With AIDS: Constitutional and Statutory Rights Implicated in Family Visitation
Programs," 31 Boston College Law Review 967 (July 1990).
Note, "Prosecutor's Improper Questioning of Witness Regarding HIV Status Does Not Deny Defendant
Right to Fair Trial," 27 Suffolk University Law Review 474 (1993) (R.I. Law Survey).
Note, "Rape and AIDS in Prison: On a Collision Course to a New Death Penalty," 30 Suffolk University
Law Review 863 (Fall 1997) (Richard D. Vetstein).
Note, "Rape in Prison and AIDS: A Challenge for the Eighth Amendment Framework of Wilson v.
Seiter," 44 Stanford Law Review 1541 (July 1992).
Note, "Rethinking Conjugal Visitation in Light of the `AIDS' Crisis," 15 New England Journal on Criminal
and Civil Confinement 121 (Winter 1989)(urges an increase in use of conjugal visitation as a method of
decreasing situational homosexuality in prisons).
Note, "Testing the Hand That Bites You: Johnetta J. v. The Municipal Court: Mandatory AIDS Testing,
and the Fourth Amendment," 11 Northern Illinois University Law Review 445 (1991).
Note, "The Criminalization of Perinatal AIDS Transmission," 3 Health Matrix Journal of Law-Medicine
495 (Summer 1993) (Heather Sprintz).
Note, "The `Kid Glove Treatment:' Does the Handling of an AIDS Victim by Courtroom Personnel
Wearing Plastic Gloves Pose an Impermissible Threat to His Sixth Amendment Right to a Fair Trial?," 14
Criminal Justice Journal 69 (Summer 1992) (Lora Martin).
Note, "The Risk of Health Care Workers Transmitting AIDS to Patients: Legal and Policy Implications: Is
Disclosure the Answer?," 14 Criminal Justice Journal 81 (Summer 1992) (Lois M. Mousel).
Note, "Wiggins v. State: Receiving a Fair Trial Under the Specter of AIDS," 23 Akron Law Review 309
(Fall 1989).
Note, "Women in Prison With AIDS: An Assault on the Constitution?", 64 Southern California Law
Review 741 (March 1991).
Olivero, J. Michael, Amelia Clark, Arminda I. Morgado, & Gary Mounce, "A Comparative View of AIDS
in Prison: Mexico and the United States," 2 International Criminal Justice Review 105 (1992).
Olivero, J. Michael, Kelli I. Smith, Gary Mounce, & Arminda Morgado, "Mexican Prisons and AIDS: Will
Mexico Follow the Path of the United States?," 17 International Journal of Comparative & Applied
Criminal Justice 261 (Fall 1993).
Oullet, Jimenez, Johnson & Wiebel, "Shooting Galleries and HIV Disease: Variations in Places for
Injecting Illicit Drugs," 37 Crime & Delinquency 64 (Jan. 1991).
Parts, "The Eighth Amendment and the Requirement of Active Measures to Prevent the Spread of AIDS
in Prisons," 22 Columbia Human Rights Law Review 217 (Spring 1991).
Perlin & Dvoskin, "AIDS-Related Dementia and Competency to Stand Trial: A Potential Abuse of the
Forensic Mental Health System?," 18 Bulletin of the American Academy of Psychiatry and the Law 349
(1990).
Quinlan & Moritsugu, "AIDS in Prison: The Federal Experience," 29 The Judges' Journal No. 3, 26
(Summer 1990).
Raburn, "Prisoners With AIDS: The Use of Electronic Processing," 24 Criminal Law Bulletin 213
(May/June 1988).
Robinson, "AIDS and the Criminal Law: Traditional Approaches and a New Statutory Proposal," 14
Hofstra Law Review 91 (1985).
Robinson, "Criminal Sanctions and Quarantine," ch.9, AIDS and the Law (Dornette, ed.)(1987).
Rowe, "Death Row," 7 California Lawyer No. 9, 49 (September 1987) (discussion of AIDS in prisons).
Schachter, "Preventive Medicine: AIDS Education for Law Enforcement," 3 Criminal Justice No. 3, 2 (Fall
1988).
Schechter, "AIDS: How the Disease Is Being Criminalized," 3 Criminal Justice No. 3, 6 (Fall 1988).
Schilling, Robert F., Andre Ivanoff, Nabila El-Bassel, and Fred Soffa, "HIV-Related Behaviors in
Transitional Correctional Settings," 24 Criminal Justice and Behavior 256 (June 1997).
Severson, Margaret, "Protection or Prevention: Testing the Prisoner Population for Communicable
Diseases," 18 Criminal Justice Review 203 (Autumn 1993).
Sinkfield & Houser, "AIDS and the Criminal Justice System," 10 Journal of Legal Medicine 103 (March
1989).
Skoler & Dargan, "AIDS in Prisons -- Administrator Policies, Inmate Protests, and Reactions From the
Federal Bench," 54 Federal Probation No. 2, 27 (June 1990).
Spiegel, Charles, "Privacy, Sodomy, AIDS & the Schools: Case Studies in Equal Protection," 1986 Annual
Survey of American Law 221 (New York University School of Law).
Strader, J. Kelly, "Constitutional Challenges to the Criminalization of Same-Sex Sexual Activities: State
Interest in HIV-AIDS Issues," 70 Denver University Law Review 337 (1993).
Strader, J. Kelly, "Criminalization as a Policy Response," 27 John Marshall Law Review 435 (Winter 1994).
Stauter, "United States v. Moore: AIDS and the Criminal Law -- The Witch Hunt Begins," 22 Akron Law
Review 503 (Spring 1989).
Stevens, Gail A., "AIDS and Drug Misuse," 19 Criminal Justice Review 147 (Spring 1994).
Student Article, "The Legal Ramifications in Criminal Law of Knowingly Transmitting AIDS," 19 Law &
Psychology Review 259 (Spring 1995) (Lori A. David).
Student Works, "Mandatory HIV Testing of Rape Defendants: Constitutional Rights Are Sacrificed in a
Vain Attempt to Assist the Victim," 94 West Virginia Law Review 179 (Fall 1991).
Sullivan and Field, "AIDS and the Coercive Power of the State," 23 Harvard Civil Rights-Civil Liberties
Law Review 139 (Winter 1988).
Vaid, "Prisons," AIDS and the Law: A Guide for the Public, ch. 17 (Yale Univ. Press, 1987).
Wagner, "AIDS and the Criminal Justice System," ch.10, AIDS and the Law (Dornette, ed.)(1987).
Wilbur, "AIDS and the Federal Bureau of Prisons: A Unique Challenge," 11 Northern Illinois University
Law Review 275 (1991).
Young & McHale, "The Dilemmas of the HIV Positive Prisoner," 31 The Howard Journal of Criminal
Justice 89 (May 1992) (British law journal; article includes bibliography of authorities on the subject).
Zink, "Love v. Superior Court: Mandatory AIDS Testing and Prostitution," 22 Golden Gate University
Law Review 795 (Spring 1992).
Domestic Relations (Family Law)
Austin & Trammell, "American Family Law in the Age of AIDS: An Annotated Bibliography," 24 John
Marshall Law Review 625 (Spring 1991).
Banks, Taunya Lovell, "Reproduction and Parenting," AIDS Law Today: A New Guide for the Public, ch.
10 (Yale Univ. Press, 1993).
Casswell, Donald G., "Assessing Doctors as Reasonable Doctors and as Reasonable Persons: A Reminder
in the Context of Negligent Transmission of HIV During Artificial Insemination," 9 Journal of
Contemporary Health Law and Policy 159 (Spring 1993).
Closen, Michael, Robert Gamrath & Dem Hopkins, "Mandatory Premarital HIV Testing: Political
Exploitation of the AIDS Epidemic," 69 Tulane Law Review 71 (Nov. 1994).
Closen, Michael & Heise, "HIV-AIDS and the Non-Traditional Family: The Argument for State and
Federal Judicial Recognition of Danish Same-Sex Marriages," 16 Nova Law Review 809 (Winter 1992).
Coleman, "Can a Person With AIDS Marry in the Catholic Church?," 49 The Jurist 258 (1989).
Comment, "Child Custody, Visitation, and the HIV Virus: Revisiting the Best Interests Doctrine to Ensure
Impartial Parental Rights Determinations for HIV-Infected Parents," 3 Journal of Pharmacy & Law 61
(1994) (Robert D. Zaslow).
Cooper, Elizabeth B., "HIV-Infected Parents and the Law: Issues of Custody, Visitation and
Guardianship," in AIDS Agenda (New Press, 1992).
Glen, Kristin Booth, "Parents With AIDS, Children With AIDS," 29 The Judges' Journal No. 2, 14 (Spring
1990).
Goodman, "In Sickness or in Health: The Right to Marry and the Case of HIV Antibody Testing," 38
DePaul Law Review 87 (Fall 1988).
Guillod, "Abused Children, HIV-Positive Sexual Partners and Family Reunion," 30 Journal of Family Law
417 (1991-92).
Isaacman, "Neonatal HIV Testing: Governmental Inspection of the Baby Factory," 24 John Marshall Law
Review 571 (Spring 1991).
Malaspina, "A New York Legal Program Helps Plan Futures for Children of Mothers With AIDS," 20
Student Lawyer No. 8, 16 (April 1992).
Note, "Public Hysteria, Private Conflict: Child Custody and Visitation Disputes Involving an HIV Infected
Parent," 63 New York University Law Review 1092 (November 1988).
Note, "The Hysteria Continues: When a Non-Parent's HIV Infection Threatens Parental Rights," 35
University of Louisville Journal of Family Law 161 (1996-97) (Andrea K.R. Stevens).
Note, "Visitation Rights of an AIDS Infected Patient," 27 Journal of Family Law (University of Louisville
School of Law) 715 (1988-89).
O'Brien, "AIDS and the Family," ch.6, AIDS and the Law (Dornette, ed.)(1987).
O'Brien, "AIDS: Perspective on the American Family," 34 Villanova Law Review 209 (April 1989).
Reed, Pierce J., and Laura Davis Smith, "HIV, Judicial Logic and Medical Science: Toward a Presumption
of Noninfection in Child-Custody and Visitation Cases," 31 New England Law Review 471 (Winter 1997).
Rivera, "Lawyers, Clients, and AIDS: Some Notes from the Trenches," 49 Ohio State Law Journal 883
(1989).
Rothman, Nassar and Schepard, "AIDS and New York Matrimonial Law," 60 New York State Bar Journal
No. 7, 28 (November 1988).
Schepard, "AIDS and Divorce," 23 Family Law Quarterly 1 (Spring 1989).
Smith, "Legal Issues Confronting Families Affected by HIV," 24 John Marshall Law Review 543 (Spring
1991).
Employment Law (including Discrimination)
Absher, "Employer's Liability for Unauthorized Administration of an AIDS Test and Disclosure of the
Results," 21 John Marshall Law Review 940 (Summer 1988) (Bench memorandum for 6th Annual John
Marshall National Moot Court Competition; top briefs also published as addenda).
Abrams & Nolan, "AIDS in Labor Arbitration," 25 University of San Francisco Law Review 67 (Fall
1990).
"AIDS: Update on Employment, Housing and Other Social Services," 9 Whittier Law Review 257 (1987).
Albertyn, Sue, and Dan Rosengarten, "HIV and AIDS: Critical Problems in Employment Law," 9 South
African Journal on Human Rights 77 (1993).
American Academy of Hospital Attorneys, AIDS Task Group, AIDS and the Law: Responding to the
Special Concerns of Hospitals, American Hospital Association, November 1987 (available from AHA, 840
N. Lake Shore Dr., Chicago, IL 60611).
American Bar Association AIDS Coordinating Committee, "Calming AIDS Phobia: Legal Implications of
the Low Risk of Transmitting HIV in the Health Care Setting," 28 University of Michigan Journal of Law
Reform 733 (Summer 1995).
American Law Institute-American Bar Association, AIDS and the Law (Study Materials published
February 1986).
American Management Association, AIDS: The Workplace Issues (1985; 2nd ed., AIDS: The New
Workplace Issues, 1987) (Summary of legal issues and survey of corporate policies and responses to AIDS
in the workplace).
Anderson, Barbara Matthews, "`First Do No Harm. . .': Can Restrictions on HIV-Infected Health Care
Workers Be Justified?", 33 Santa Clara Law Review 603 (1993).
Arendse, Norman, "Employment, HIV and AIDS: Proposals for Law Reform," 9 South African Journal on
Human Rights 89 (1993).
Baig, Ellen Fell, "Arising Out of and In the Course of Employment: AIDS and Workers' Compensation
Law," 68 Florida Bar Journal No. 10, 75 (November 1994).
Baker & Arthur, "AIDS in the Hospital Workplace: Theories of Hospital Liability," 24 Tort & Insurance
Law Journal 1 (Fall 1988).
Banas, "Nothing Prepared Me to Manage AIDS," 70 Harvard Business Review No. 4, 26 (July/August
1992).
Banta, William, AIDS in the Workplace: Legal Questions and Practical Answers (Lexington Books/D.C.
Heath & Co., 1987; rev. edition, 1993).
Barnard, "The Americans With Disabilities Act: Nightmare for Employers and Dream for Lawyers?", 64 St.
John's Law Review 229 (Winter 1990).
Barnes, Rango, Burke & Chiarello, "The HIV-Infected Health Care Professional: Employment Policies and
Public Health," 18 Law, Medicine & Health Care 303 (Winter 1990).
Barr, Judith K., and Robert A. Padgug, "Employers and AIDS: Meeting the Health Benefit Needs of
People with HIV Disease," 3 Cornell Journal of Law & Public Policy 83 (Fall 1993).
Barrios, "AIDS Employment Discrimination," 11 Los Angeles Lawyer No. 6, 59 (September 1988)
(discussion of Raytheon case and its impact on California law affecting AIDS and employment).
Baxley, "Rehabilitating AIDS-Based Employment Discrimination: HIV Infection as a Handicap Under the
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Casenote, "Bradley v. University of Texas M.D. Anderson Cancer Center -- HIV and the Rehabilitation
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Closen, Michael L., "HIV-AIDS, Infected Surgeons and Dentists, and the Medical Profession's Betrayal of
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1989/90).
Cohen, "An Economic Analysis of the Issues Surrounding AIDS in the Workplace: In the Long Run, the
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1992).
Cohen & Cohen, "AIDS in the Workplace: Legal Requirements and Organizational Responses," 40 Labor
Law Journal 411 (July 1989).
Colosi, "AIDS: Human Rights Versus Duty to Provide a Safe Workplace," 39 Labor Law Journal 677
(October 1988).
Comment, "AIDS, the Doctrine of Maintenance and Cure, and Maritime Employment Discrimination:
Charting a Course Between Scylla and Charybdis," 24 University of Miami Inter-American Law Review 325
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Comment, "A Health Care Worker's Duty to Undergo Routine Testing for HIV/AIDS and to Disclose
Positive Results to Patients," 52 Louisiana Law Review 933 (March 1992).
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the 'Worried Well'," 37 American University Law Review 867 (Spring 1988).
Comment, "AIDS and Employment: An Epidemic Strikes the Workplace and the Law," 8 Whittier Law
Review 651 (1986).
Comment, "AIDS and Employment Discrimination Under the Federal Rehabilitation Act of 1973 and
Virginia's Rights of Persons With Disabilities Act," 20 Univ. of Richmond Law Review 425 (1986).
Comment, "AIDS and the Law: Protecting the HIV-Infected Employee from Discrimination," 57
Tennessee Law Review 539 (Spring 1990).
Comment, "AIDS as a Protected Handicap Under the Civil Rights Restoration Act of 1987," 35 Loyola
Law Review 243 (Spring 1989).
Comment, "AIDS: Does it Qualify as a "Handicap" Under the Rehabilitation Act of 1973?", 61 Notre
Dame Law Review 572 (1986).
Comment, "AIDS in the Workplace: A Legal Dilemma," 42 Southwestern Law Journal 837 (Fall 1988).
Comment, "AIDS in the Workplace: A Legal Guide," 22 Connecticut Law Review 943 (Summer 1990).
Comment, "AIDS in the Workplace: Perceptions, Prejudices and Policy Solutions," 20 Ohio Northern
University Law Review 139 (1993).
Comment, "AIDS-Based Employment Discrimination in the American and Canadian Workplace," 10
Comparative Labor Law Journal 531 (Summer 1989).
Comment, "AIDS: Will it Qualify as a Handicap in the Texas Workplace?," 41 Baylor Law Review 749
(Fall 1989).
Comment, "An Individualized Definition of "Handicap" and Its Application to HIV," 22 University of
California at Davis Law Review 653 (Winter 1989).
Comment, "Associates of Persons With AIDS: What Are Their Rights?", 57 UMKC Law Review 559
(Spring 1989).
Comment, "Civil Rights -- The Liberal Paradigm and the Rehabilitation Act: A Need for Linkage: School
Board of Nassau County, Florida v. Arline," 9 Mississippi College Law Review 167 (Fall 1988).
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Maryland Law Review 106 (1989).
Comment, "Health Care Worker's Legal Duty to Disclose HIV-Positive Status to Patients Before
Performing Invasive Procedures," 29 Tulsa Law Journal 429 (Winter 1993).
Comment, "HIV, AIDS & Job Discrimination: North Carolina Failure and Federal Redemption," 17
Campbell Law Review 115 (Winter 1995) (Jeremy McKinney).
Comment, "HIV Employment Discrimination in Air Transportation," 61 Journal of Air Law and
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United States and France," 17 Comparative Labor Law Journal 398 (Winter 1996) (Alix R. Rubin).
Comment, "HIV Testing of Health Care Workers: Conflict Between the Common Law and the Centers for
Disease Control," 42 The American University Law Review 479 (Winter 1993) (Mark D. Johnson).
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Law Review 295 (Fall 1993).
Comment, "North Carolina's New AIDS Discrimination Protection: Who Do They Think They're
Fooling?", 12 Campbell Law Review 475 (Summer 1990).
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639.
Comment, "Physicians With AIDS: A Proposal for Efficient Disclosure," 59 University of Chicago Law
Review 749 (Spring 1992) (Jennifer Herz).
Comment, "Prohibiting the Use of the Human Immunodeficiency Virus Antibody Test by Employers and
Insurers," 25 Harvard Journal on Legislation 275 (Winter 1988).
Comment, "Protecting Persons with AIDS from Employment Discrimination," 77 Kentucky Law Journal
403 (1988-89).
Comment, "Rights of HIV-Infected Employees and Job Applicants Under North Carolina Law: Lots of
Legislative Activity, But Just How Much Protection Does It Afford?", 68 North Carolina Law Review 1193
(September 1990).
Comment, "Running From Fear Itself: Analyzing Employment Discrimination Against Persons With AIDS
and Other Communicable Diseases Under Section 504 of the Rehabilitation Act of 1973," 23 Willamette
Law Review 857 (Fall 1987).
Comment, "The AIDS Epidemic and Discrimination in the Workplace," 23 Western State University Law
Review 125 (Fall 1995) (Tara L. Martin).
Comment, "The Competing Interests of HIV Disclosure for Infected Health Care Workers: The Judicial
and Legislative Responses," 97 Dickinson Law Review 777 (Summer 1993).
Comment, "The `Direct Threat' Approach to the HIV-Positive Health Care Employee Under the ADA,"
62 Mississippi Law Journal 719 (Spring 1993) (R. Bradley Prewitt).
Comment, "The Medical Costs of AIDS: Abandoning the HIV-Infected Employee," 30 Duquesne Law
Review 915 (Summer 1992)(John F. Dudley).
Comment, "Without Probable Cause: The Constitutional Ramifications of Mandatory AIDS Testing in the
Workplace," 57 University of Missouri at Kansas City Law Review 863 (Summer 1989).
Comment, "Workplace Exposure to AIDS," 48 Maryland Law Review 212 (1989)
Commentary, "Health Care Workers and AIDS," 13 Journal of Legal Medicine 357 (September 1992)
(Thomas E. Margolis).
Committee on Government Operations, U.S. House of Representatives, 99th Congress, 2nd Session,
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enforcement of Rehabilitation Act 504 in connection with AIDS discrimination complaints).
Committee on State Labor Law, Section on Labor and Employment Law, (ABA), "State Regulation of
Employment Relationships: Highly Communicable Diseases," 2 The Labor Lawyer 382 (1986).
Committee on State Labor Laws, Section of Labor and Employment Law (ABA), "State Labor Law
Developments," 4 The Labor Lawyer 352 (Summer 1988)(summary of state law developments pertaining to
AIDS under inaccurate heading of "Highly Communicable Diseases").
Committee on State Labor Laws, Section of Labor and Employment Law (ABA), "State Labor Law
Developments," 9 The Labor Lawyer 221 (Summer 1993)(includes summer of AIDS law developments for
1992).
Cone, "AIDS and HIV Infection in the Work Place," 13 Mental & Physical Disability Law Reporter 70
(Jan-Feb 1989).
Connolly & Marshall, "An Employer's Legal Guide to AIDS in the Workplace," 9 St. Louis University
Public Law Review 561 (1990).
Copus, David A., and Glen D. Nager, "Benefit Plan Limitations after the Americans With Disabilities Act,"
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Dennis, Donna I., "HIV Screening and Discrimination: The Federal Example," AIDS Law Today: A New
Guide for the Public, ch. 9 (Yale Univ. Press, 1993).
DeVille, Kenneth A., "Nothing to Fear But Fear Itself: HIV-Infected Physicians and the Law of Informed
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Doyal & Scott, "AIDS in the Work Place: A Survey of Applicable Law for Texas Employers," 52 Texas Bar
Journal 207 (February 1989).
Dudley, Adriane J., "Report of the Committee on Human Resources: AIDS in the Workplace -- A
Practical Guide for Employers," 24 The Urban Lawyer 791 (Fall 1992).
Duffy, Pepe, and Gross, "Big Brother in the Workplace: Privacy Rights Versus Employer Needs," 9
Industrial Relations Law Journal 30 (1987)(includes discussion of HIV antibody testing).
Dworkin, Joan, "AIDS Education for Health Care Professionals in an Organizational or Systems Context,"
107 Public Health Reports 668 (Nov.-Dec. 1992).
Dykstra, "AIDS: Policy + Education = Employee Support," 6 Legal Administrator No. 4, 36 (Sept/Oct
1987).
Eisenstadt, "The HIV Infected Health Care Worker: The New AIDS Scapegoat," 44 Rutgers Law Review
301 (Winter 1992).
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Response to Professor Closen," 41 New York Law School Law Review 141 (1996).
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Americans with Disabilities Act," 28 Tort & Insurance Law Journal 711 (Summer 1993).
Epstein, "AIDS, Testing and the Workplace," 1988 University of Chicago Legal Forum 33 (Freedom of
contract argument for repeal of antidiscrimination protections; advocacy of direct public subsidy for
supporting PWA's).
Epstein, "The AIDS Commission's Hidden Tax," The Wall Street Journal, June 13, 1988, p. 16. (Law &
Economics analysis of employer incentive to discriminate against persons with AIDS).
Esposito, Michael D., and Jeffrey E. Myers, "Managing AIDS in the Workplace," 19 Employee Relations
Law Journal 53 (Summer 1993).
Fagot-Diaz, "Employment Discrimination Against AIDS Victims: Rights and Remedies Available Under
the Federal Rehabilitation Act of 1973," 39 Labor Law Journal 148 (March 1988).
Farnham, Paul G., "Defining and Measuring the Costs of the HIV Epidemic to Business Firms," 109 Public
Health Reports 311 (May-June 1994).
Faulke, Edwin G., Jr., and Thomas M. Beck, "The General Duty Clause of the Occupational Safety and
Health Act of 1970," 44 Labor Law Journal 131 (March 1993) (includes discussion of HIV workplace
transmission issues).
Feerick, "AIDS in the Workplace," New York Law Journal, May 2, 1986, p.1. (Brief summary of some
workplace legal issues).
Feitshans, "Confronting AIDS in the Worklplace: Balancing Employment Opportunity and Occupational
Health Under Existing Labor Laws," 1989 Detroit College of Law Review 953 (1989).
Feldblum, Chai, "A Response to Gostin, `The HIV-Infected Health Care Professional: Public Policy,
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Feldblum, Chai, "Workplace Issues: HIV and Discrimination," in AIDS Agenda (New Press, 1992).
Fitzpatrick & Benaroya, "Americans With Disabilities Act and AIDS," 8 The Labor Lawyer 249 (Spring
1992) (also published in 39 Federal Bar News & Journal No. 1 (January 1992).
Flannery, Michael T., and Raymond C. O'Brien, "Mandatory HIV Testing of Professional Boxers: An
Unconstitutional Effort to Regulate A Sport That Needs to Be Regulated," 31 U.C. Davis Law Review 409
(Winter 1998).
Fluss & Zeegers, "AIDS, HIV, and Health Care Workers: Some International Legislative Perspectives," 48
Maryland Law Review 77 (1989).
Frankel, Lois, "Commentary: AIDS Testing of Health Care Workers," 16 Nova Law Review 1161 (Spring
1992).
Franklin, Robinson, White & Powell, "Organizational AIDS Policies: Aiming at a Moving Target," 2
Employee Responsibilities and Rights Journal 191 (1989).
Fremgen, Bonnie & Michael Whitty, "How to Avoid a Costly AIDS Crisis in the Organization," 43 Labor
Law Journal 751 (December 1992).
Frierson, "Determining Coverage Under the Handicapped Employment Laws," 40 Labor Law Journal 630
(October 1989) (included discussion of AIDS).
Galen, "How Firms Face AIDS," 9 National Law Journal No. 28, 1 (March 23, 1987) (News account of law
firm responses to AIDS among lawyers and other firm employees).
Garaffa, "AIDS: The Arbitrator's Role in the Post-Panic Period," 7 Ohio State Journal on Dispute
Resolution 217 (1992).
Gaynor, "Executive Action Against AIDS: A Proposal for Federal Regulation Under Existing Law," 49
Ohio State Law Journal 999 (1989).
George, Tracey E., "Secondary Break: Dealing With AIDS in Professional Sports After the Initial
Response to Magic Johnson," 9 University of Miami Entertainment & Sports Law Review 215 (1992).
Gerner, Carol J., "AIDS in the Healthcare Workplace: Rights and Responsibilities," 1 Annuals of Health
Law 119 (1992).
Gini, "AIDS in the Workplace: Options and Responsibilities," 2 Employee Responsibilities and Rights
Journal 239 (December 1989).
Gittler, Josephine & Sharon Rennert, "HIV Infection Among Women and Children and
Antidiscrimination Laws: An Overview," 77 Iowa Law Review 1313 (May 1992).
Goldman, Charles D., "Americans With Disabilities Act Dispelling the Myths. A Practical Guide to
EEOC's Voodoo Civil Rights and Wrongs," 27 University of Richmond Law Review 73 (Fall 1992).
Gostin, Lawrence O., "CDC Guidelines on HIV or HBV-Positive Health Care Professionals Performing
Exposure-Prone Invasive Procedures," 19 Law, Medicine & Health Care 140 (Spring/Summer 1991)
Gostin, Lawrence O., "HIV-Infected Physicians and the Practice of Seriously Invasive Procedures," 19
Hastings Center Report No. 1, 32 (Jan/Feb 1989).
Gostin, Lawrence O., "The Americans With Disabilities Act and the Corpus of Anti-Discrimination Law: A
Force for Change in the Future of Public Health Regulation," 3 Health Matrix Journal of Law-Medicine 89
(1993).
Gostin, Lawrence O., "The HIV-Infected Health Care Professional: Public Policy, Discrimination and
Patient Safety," 18 Law, Medicine & Health Care 311 (Winter 1990).
Gostin, Lawrence O., and Lane Porter, International Law and AIDS: International Response, Current
Issues, and Future Directions (ABA Press 1992).
Gunderson, Mayo & Rhame, AIDS: Testing and Privacy (University of Utah Press, Salt Lake City, 1989).
Hammill & Isaacs, "Employment and AIDS," ch.15, Sexual Orientation and the Law (Achtenberg,
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Harness, "AIDS: An Emerging Crisis," Labor Law Journal, August 1986, 559.
Hartstein, "EEO Issues in the Health-Care Field: A Roundup of Recent Developments," 12 Employment
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Hauck, "AIDS and Arbitration," 41 Labor Law Journal 293 (May 1990).
Heacock & Orvis, "AIDS in the Workplace: Public and Corporate Policy," 13 Harvard Journal of Law &
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Hermann, Donald H.J., "Commentary: A Call for Authoritative CDC Guidelines for HIV-Infected Health
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Hermanus, May, "HIV/AIDS Policy in the Mining Industry," 9 South African Journal on Human Rights
113 (1993).
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Hoffman, "Discrimination Litigation Relating to Employee Benefits," 43 Labor Law Journal 362 (June
1992).
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Law Review 439 (1990).
Jacobs, "Arline, AIDS and Employment," New Jersey Law Journal, April 16, 1987, page 1 (analysis of
School Board v. Arline and its impact on AIDS).
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Kandel, "Current Developments in EEO -- AIDS in the Work Place," 11 Employee Relations Law Journal
678 (Spring 1986).
Kelly, Joseph, "HIV-AIDS at the Workplace," 43 Labor Law Journal 759 (December 1992) (includes
summary of British Commonwealth, France and Germany).
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HIV-Infected Employee," 37 Medical Trial Technique Quarterly 184 (1990).
Keyes, "Health-Care Professionals with AIDS: The Risk of Transmission Balanced Against the Interests of
Professionals and Institutions," 16 Journal of College and University Law 589 (Spring 1990).
Kilberg, "From the Editor: AIDS," 12 Employee Relations Law Journal 1 (Summer 1986).
King, "AIDS: Employer and Employee Rights," 9 Journal of Legal Medicine 587 (December 1988).
Kohl, Miller & Pohl, "Development of Personnel Policies to Deal With the AIDS Crisis: A Study of the
Practices and Procedures of Business Firms Today," 42 Labor Law Journal 116 (February 1991).
Kramer & Freger, "AIDS and the Workplace: Employment Law Issues," 39th Annual National Conference
on Labor Ch. 16, New York University, 1986.
Kress, "Benefit Vesting in Employee Health Plans," 24 Tort & Insurance Law Journal 88 (Fall 1988)(this
article is not strictly on AIDS, but deals with an employment law issue heavily affected by AIDS).
Krugel, Charles Alan, "AIDS and the ADA: Maneuvering Through a Legal Minefield," 44 Labor Law
Journal 408 (July 1993).
Lally-Green, "Is AIDS a Handicap Under the Rehabilitation Act of 1973 after School Board v. Arline and
the Civil Rights Restoration Act of 1987?", 19 University of Toledo Law Review 603 (Spring 1988).
Lansing & Loeschen, "The AIDS Dementia Complex: A New Theory of Employer Liability," 33 Saint
Louis University Law Journal 823 (Summer 1989).
Laura, "AIDS in the Workplace," 10 Whittier Law Review 393 (1988).
Lawson, "AIDS, Astrology and Arline: Towards a Causal Interpretation of Section 504," 17 Hofstra Law
Review 237 (Winter 1989).
LeBlang, Theodore R., "Obligations of HIV-Infected Health Professionals," 27 John Marshall Law Review
317 (Winter 1994).
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the Americans With Disabilities Act of 1990 in the Employment Setting," 54 Albany Law Review 123 (Fall
1989).
Legislative Note, "The Americans With Disabilities Act Title I: Equal Employment Rights for Disabled
Americans," 18 University of Dayton Law Review 921 (Spring 1993) (Tracy L. Hart).
Leonard, Arthur S., "AIDS as a Handicapping Condition Under Federal and State Employment
Discrimination Laws," 40th Annual National Conference on Labor Ch. 12, New York University, 1987.
Leonard, Arthur S., "AIDS and Employment: Bibliographic Resources," 3 The Labor Lawyer 299 (Spring
1987).
Leonard, Arthur S., "AIDS and Employment Law Revisited," 14 Hofstra Law Review 11 (1985) (Updating
and expansion of the author's 1985 article "Employment Discrimination Against Persons With AIDS").
Leonard, Arthur S., "AIDS, Employment and Unemployment," 49 Ohio State Law Journal 929 (1989).
Leonard, Arthur S., "Discrimination," AIDS Law Today: A New Guide for the Public, ch. 13 (Yale Univ.
Press, 1993).
Leonard, Arthur S., "Employment Discrimination Against Persons With AIDS," 10 University of Dayton
Law Review 681 (Spring 1985), reprinted at 19 Clearinghouse Review 1292 (March 1986) (Consideration
of handicap discrimination law as a source of legal protection for persons with AIDS).
Leonard, Arthur S., "Ethical Challenges of HIV Infection in the Workplace," 5 Notre Dame Journal of
Law, Ethics & Public Policy 53 (1990).
Leonard, Arthur S., "AIDS in the Workplace," AIDS and the Law: A Guide for the Public, ch. 8 (Yale
Univ. Press, 1987).
Leonard & Tanenbaum, "AIDS and Employment Law," in Employment Problems in the Workplace
(Practising Law Institute, 1986), revised and reprinted in 7 Legal Notes & Viewpoints Quarterly No. 1, 45
(Nov. 1986).
Lesneski & Adler, "Testing: The Employers' and Healthcare Providers' Dilemma," New Jersey Lawyer No.
126, 20 (January/Feburary 1989).
Levy, Andrew D., "Employer Considerations in Determining a Policy on AIDS," 9 South African Journal
on Human Rights 97 (1993).
Lieberman, Karen C., & Arthur R. Derse, "HIV-Positive Health Care Workers and the Obligation to
Disclose," 13 Journal of Legal Medicine 333 (September 1992).
Liebman, Lance, "Too Much Information: Predictions of Employee Disease and the Fringe Benefit
System," 1988 University of Chicago Legal Forum 57.
Lips & Lueder, "An Employer's Right to Test for Substance Abuse, Infectious Diseases, and Truthfulness
Versus An Employee's Right to Privacy," 39 Labor Law Journal 528 (Aug. 1988).
Locke, Steven S., "The Incredible Shrinking Protected Class: Redefining the Scope of Disability Under the
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Logan, Mary K., "Who's Afraid of Whom? Courts Require HIV-Infected Doctors to Obtain Informed
Consent of Patients," 44 DePaul Law Review 483 (Winter 1995).
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Lotito, "AIDS in the Workplace: A Practical Guide for Employers," 35 The Practical Lawyer 35 (January
1989).
Lunde, "Informed Consent and the HIV-Positive Physician," 38 Medical Trial Technique Quarterly 186
(1991).
Madoff & Kocian, "AIDS Law: Businesses Balance Two Duties: Worker Safety, Fair Treatment," National
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Magnusson, Roger S., and Hayden Opie, "HIV and Hepatitis in Sport: A Legal Framework for Resolving
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Mayfield, Eleanor, "Protecting Patients and Professionals from Blood-Borne Disease," 27 FDA Consumer
No. 3, 9 (April 1993).
McIntosh, Phillip L., "When the Surgeon Has HIV: What to Tell Patients About the Risk of Exposure and
the Risk of Transmission," 44 University of Kansas Law Review 315 (February 1996).
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or Unwarranted Invasion of Privacy?", 21 Loyola University Law Journal 1039 (Summer 1990).
Mehrali, "DDS vs. HIV: A Perspective on Dental Practices," 38 Medical Trial Technique Quarterly 103
(1991) (includes discussion of infected dentists).
Mello, Jeffrey A., AIDS and the Law of Workplace Discrimination (Westview Press, 1995) (critical review
of caselaw through mid-1994).
Mello, Jeffrey A., "Employing and Accommodating Workers with Disabilities: Mandates and Guidelines for
Labor Relations," 44 Labor Law Journal 162 (March 1993) (includes discussion of workers with AIDS).
Mello, Jeffrey A., "Limitations of the Americans With Disabilities Act in Protecting Individuals with HIV
from Employment Discrimination," 19 Seton Hall Legislative Journal 73 (1994).
Mello, Jeffrey A., "Prevalent Employer Discriminatory Behaviors Toward Employees With HIV and the
Likely Impact of the ADA," 45 Labor Law Journal 323 (June 1994).
Merritt, Deborah, "Communicable Disease and Constitutional Law: Controlling AIDS," 61 New York
University Law Review 739 (1986)(exclusion of PWA's from certain occupations).
Mitchell, Sandra L., "Employment Issues Facing HIV-Infected Health Care Workers," 3 Journal of
Pharmacy & Law 5 (1994).
Mokhobo, Dawn, "AIDS: Balancing Individual Rights with Business Imperatives," 9 South African Journal
on Human Rights 105 (1993).
Montgomery, Kathleen, and Denise Brennan, "Confronting AIDS in the Workplace: Responses of
Southern California Organizations," 44 Labor Law Journal 511 (August 1993).
Myers & Myers, "Arguments Involving AIDS Testing in the Workplace," Labor Law Journal (September
1987), 582.
New York Business Group on Health, "AIDS and the Employer: Guidelines on the Management of AIDS
in the Workplace" (1986) (Summary of proceedings of a conference on AIDS and the workplace held in
New York City in 1985).
Nissenbaum, "Employers' and Physicians' Duties to Tell Third Parties," New Jersey Lawyer No. 126, 44
(January/February 1989).
Note, "AIDS: Issues in the Law," 10 American Journal of Trial Advocacy 527 (Spring 1987)(simplistic
treatment of employment discrimination issue; somewhat more sophisticated treatment of employer liability
for transmission in the workplace).
Note, "AIDS and Employment Discrimination: Should AIDS be Considered a Handicap?", 33 Wayne Law
Review 1095 (Spring 1987).
Note, "AIDS As a Handicap? Arline, Tuberculosis and AIDS," 19 University of Toledo Law Review 859
(Summer 1988).
Note, "AIDS Discrimination in the Work Place," 13 Thurgood Marshall Law Review 123 (Fall 1987-Spring
1988).
Note, "AIDS in the Health Care Setting: The Congressional Response to Kimberly Bergalis," 26 Georgia
Law Review 539 (Winter 1992).
Note, "AIDS in the Workplace: A Handicap Under the Rehabilitation Act?", 39 Drake Law Review 141
(1989-90).
Note, "AIDS in the Workplace: Discrimination by Ignorance," 35 Catholic Lawyer 199 (1993) (Jorge
Pedreira).
Note, "AIDS in the Workplace: How Should Corporate America Cope?", 12 Delaware Journal of
Corporate Law 527 (1987).
Note, "Asymptomatic Infection with the AIDS Virus as a Handicap Under the Rehabilitation Act of
1973," 88 Columbia Law Review 563 (April 1988).
Note, "Chalk v. United States District Court Central District of California: A Major Victory for AIDS
Employees Under the Federal Rehabilitation Act of 1973," 22 Akron Law Review 241 (Fall 1988).
Note, "Chalk v. United States District Court Central District: Quick Remediation for AIDS Victims Who
Cannot Afford to Wait," 26 Houston Law Review 1033 (October 1989).
Note, "Civil Rights -- The Arline Decision as Applied to AIDS Victims: Shield or Sword," 9 Mississippi
College Law Review 181 (Fall 1988).
Note, "The Constitutional Implications of Mandatory AIDS Testing in the Health Care Industry," 17
Southwestern University Law Review 787 (1988)(argues that public health need to test health care
employees outweighs any constitutional privacy or due process rights).
Note, "Countering Workplace Fear and Misapprehension Through Legal Protection: Options for the HIV-
Positive Public Employee," 33 Washburn Law Journal 186 (Fall 1993) (Gary L. Fanning, Jr.).
Note, "Defining "Handicap" for Purposes of Employment Discrimination," 30 Arizona Law Review 633
(1988).
Note, "Employment Discrimination--AIDS and Employment Discrimination: Employer Guidelines and
Defenses--School Board of Nassau County, Florida v. Arline," 23 Wake Forest Law Review 305 (1988).
Note, "Employment Discrimination and AIDS: Is AIDS A Handicap Under Section 504 of the
Rehabilitation Act?", 38 University of Florida Law Review 649 (Fall 1986).
Note, "Estop It! Judicial Estoppel and Its Use in Americans With Disabilities Act Litigation," 34 Houston
Law Review 843 (Fall 1997)(Marney Collins Sims).
Note, "Estopping Enforcement of the Americans With Disabilities Act," 13 Journal of Law & Politics 415
(Spring 1997) (Andrea Luby)
Note, "Glover v. Eastern Nebraska Community Office of Retardation: Federal Court Invalidates AIDS
Policy," 57 University of Missouri at Kansas City Law Review 369 (Winter 1989).
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 Law
Review 1199 (Rebecca Walker).
Note, "Kerins v. Hartley: A Patient's Silent Cry for Mandatory Disclosure by HIV-Positive Physicians," 25
Southwestern University Law Review 205 (1995) (Becky J. Belke).
Note, "Mandatory Testing of Public Employees for the Human Immunodeficiency Virus: The Fourth
Amendment and Medical Reasonableness," 90 Columbia Law Review 720 (April 1990).
Note, "The Occupational Safety and Health Administration's Bloodborne Pathogen Standard: An
Important First Step Toward Protecting Employees from the Risks of Occupational Exposure," 17 Seton
Hall Legislative Journal 541 (1993) (Helen M. Schinagl).
Note, "Physicians With AIDS and Their Duty to Patients," 43 Florida Law Review 561 (July 1991).
Note, "Protecting Employees with AIDS: Using Title VII to Meet an Urgent Need," 7 The Review of
Litigation 357 (Summer 1988)(disparate impact argument).
Note, "Protection of AIDS Victims from Employment Discrimination Under the Rehabilitation Act," 1987
University of Illinois Law Review 355.
Note, "Recent Developments: Public Health and Employment Issues Generated by the AIDS Crisis," 25
Washburn Law Journal 505 (1986).
Note, "School Board v. Arline: Will AIDS Fit the Mold?" 41 Arkansas Law Review 639 (1988).
Note, "State Regulations and the HIV-Positive Health Care Professional: A Response to a Problem That
Does Not Exist," 19 American Journal of Law & Medicine 497 (1993) (Susan L. DiMaggio).
Note, "The Americans With Disabilities Act: Magic Bullet or Band-Aid for Patients and Health Care
Workers Infected with The Human Immunodeficiency Virus?", 57 Brooklyn Law Review 1277 (Winter
1992) (Joel Neugarten).
Note, "The Rehabilitation Act's Otherwise Qualified Requirement and the AIDS Virus: Protecting the
Public from AIDS-Related Health and Safety Hazards," 30 Arizona Law Review 571 (1988).
Note, "The Rehabilitation Act of 1973: Focusing the Definition of a Handicapped Individual," 30 William
and Mary Law Review 149 (Fall 1988).
Note, "This Estoppel Has Got to Stop: Judicial Estoppel and the Americans With Disabilities Act," 71
New York University Law Review 1529 (December 1996) (Anne E. Beaumont).
Note, "`Significant Risk' Concept Justifies Practice Restrictions of an HIV-Infected Surgeon," 40 Villanova
Law Review 687 (1995) (Patricia M. Bailey).
Note, "Title VII Discrimination in Biochemical Testing for AIDS and Marijuana," 1988 Duke Law Journal
129 (February 1988).
Note, "Use It and Lose It: The Employer's Absolute Right Under ERISA Section 510 to Engage in Post-
Claim Modifications of Employee Welfare Benefit Plans," 68 Indiana Law Journal 177 (Winter 1992).
O'Brien, "AIDS: Perspective on the American Family," 34 Villanova Law Review 209 (April 1989).
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 Social
Construction of HIV," 23 American Journal of Law & Medicine 7 (1997).
Pincus, Laura, "The Americans With Disabilities Act: Employers' New Responsibilities to HIV-Positive
Employees," 21 Hofstra Law Review 561 (Spring 1993).
Ponte, Lucille M., "AIDS Anxiety in the Workplace: A Review of Labor Arbitration Awards," 23
Southwestern University Law Review 253 (1994).
Powell, White & Robinson, "Contagious Disease in the Workplace: The School Board of Nassau County v.
Arline," Labor Law Journal (November 1987), 702.
Practising Law Institute, Communicable Diseases in the Workplace: Legal, Medical, Economic, and Human
Resource Issues, Litigation Course Handbook Series No. 309 (1986).
Puckett & Emery, Managing AIDS in the Workplace (Addison-Wesley, 1988).
Radipati, B.D.D., "HIV/AIDS and Employment Law: A Comparative Synopsis," 26 Comparative &
International Law Journal of Southern Africa 396 (Nov. 1993).
Recent Cases, "Statutory Interpretation - Americans With Disabilities Act - Fourth Circuit Holds that
Asymptomatic HIV Cannot Constitute a Disability - Runnebaum v. NationsBank of Maryland, N.A., 123
F.3d 156 (4th Cir. 1997)(en banc)," 111 Harvard Law Review 843 (January 1998).
Recent Decisions, "Civil Rights -- Reexamining the `Significant Risk' Standard Under the Rehabilitation
Act and the Americans With Disabilities Act Within the Context of HIV and AIDS -- Doe v. University of
Maryland Medical System Corp.," 69 Temple Law Review 1571 (Winter 1996).
Recent Development, "Employment Law -- Warning to the Disabled: Applying for Disability Benefits May
Prevent You From Claiming to be "Qualified" Under the ADA," 20 American Journal of Trial Advocacy
669 (Spring 1997)(K. Kathy Brown).
Recent Developments, "Civil Rights -- Rehabilitation Act of 1973 -- Individuals Affected With Contagious
Disease Held "Handicapped" and Entitled to Protections of Section 504 (29 U.S.C. 794)," 19 St. Mary's
Law Journal 231 (1987).
Recent Developments, "Employment Discrimination: AIDS Victims -- Shuttleworth v. Broward County
Office of Budget and Management Policy," 9 Harvard Journal of Law & Public Policy 739 (1986)
(casenote).
Recent Developments, "Hilton v. Southwestern Bell Telephone Co.: AIDS and the Future of Handicap
Discrimination in Texas," 66 Tulane Law Review 1078 (March 1992).
Recent Developments, "McGann v. H&H Music Co.: The Limited Meaning of `Discrimination' Under
Section 510 of ERISA," 67 Tulane Law Review 305 (November 1992) (T.J. Dorsey).
Redeker & Segal, "The Legal Ramifications of AIDS Discrimination," Business and Society Review No. 65,
18 (Spring 1988).
Reid, Brenda S., "HIV in the Health Care Workplace: Challenges Involving HIV-Infected Employees and
Physicians," 14 Whittier Law Review 25 (1993).
Ritter & Turner, "AIDS: Employer Concerns and Options," 38 Labor Law Journal 67 (February 1987).
Rivera, "Lawyers, Clients, and AIDS: Some Notes from the Trenches," 49 Ohio State Law Journal 883
(1989).
Rothstein, "Medical Screening and Employment Law: A Note of Caution and Some Observations," 1988
University of Chicago Legal Forum 1.
Rothstein, "Medical Screening of Workers: Genetics, AIDS, and Beyond," 2 The Labor Lawyer 675 (Fall
1986).
Rothstein, "Screening Workers for AIDS," AIDS and the Law: A Guide for the Public, ch.9 (Yale Univ.
Press, 1987).
Rousseau, "The AIDS Epidemic and the Issues in the Workplace," 72 Massachusetts Law Review 51 (June
1987).
Rowe et al., "The Fear of AIDS," 64 Harvard Business Review No. 4, 28 (1986).
Rowe, Russell-Einhorn and Weinstein, "New Issues in Testing the Work Force: Genetic Diseases," 38
Labor Law Journal 518 (August 1987)(includes extended discussion of testing for HIV antibody).
Rusak, "Rehabilitation Act of 1973: Reconceptualizing Handicaps," 59 Defense Counsel Journal 379 (July
1992).
Saad, "AIDS - Legal Implications for the Employer," 66 Michigan Bar Journal 164 (February 1987).
Sand, "Current Developments in OSHA -- AIDS According to the Justice Department," 12 Employee
Relations Law Journal 515 (Winter 1986/87).
Sand, "Current Developments in OSHA -- AIDS: Some of the Smoke Is Blown Away," 12 Employee
Relations Law Journal 148 (Summer 1986).
Sanks, Managing AIDS in the Workplace: A Managerial Guide to the Practicalities and Economics (DaSak
Associations, 1988).
Schachter, "AIDS: Law Firm Strategies for Developing and Responsible Approach," 13 Legal Economics
No. 6, September 1987, 42.
Schachter & Seeburg, AIDS: A Manager's Guide (Executive Enterprises, Inc., 1986).
Schaper, Reed E., "HIV in the Health Care Workplace: Challenges Involving HIV-Infected Employees and
Physicians," 14 Whittier Law Review 33 (1993).
Schiff, Matthew B., "AIDS and the Health Care Worker: Tort and Workers' Compensation Liability," 29
Gonzaga Law Review 331 (1993/94).
Schmall, "AIDS in the Workplace: Doctors, Lawyers, and Bosses," 41 Oklahoma Law Review 685 (Winter
1988).
Schulman, "AIDS Discrimination: Its Nature, Meaning and Function," 12 Nova Law Review 1113 (Spring
1988).
Schulman, "AIDS Workplace Law and Policy: A Systematic Analysis," 9 St. Louis University Public Law
Review 543 (1990).
Shah, Vimal K., "Americans With Disabilities Act as it Relates to AIDS in the Workplace," 6 Chicago Bar
Record No. 10, 33 (Nov. 1992).
Shoben, "Test Defamation in the Workplace: False Positive Results in Attempting to Detect Lies, AIDS,
or Drug Use," 1988 University of Chicago Legal Forum 181.
Silas, "AIDS on the Job," ABA Journal, January 1986. (Report on current employment discrimination
disputes).
Squire, "Arbitration of Health and Safety Issues in the Workplace: Employees Who Refuse Work
Assignments Because of Fear of AIDS Contagion," 44 Maine Law Review 315 (1992).
Stanton, William Clark, "HIV in the Health Care Workplace: Challenges Involving HIV-Infected
Employees and Physicians," 14 Whittier Law Review 13 (1993).
Stein, "AIDS--An Employer's Dilemma," Florida Bar Journal, July/August 1986, 55.
Stein, "Strategies for Dealing With AIDS Disputes in the Workplace," 43 Arbitration Journal No. 3, 21
(September 1987).
Stone, "Annual Survey of Virginia Law: Handicap Law," 22 University of Richmond Law Review 637
(Summer 1988).
Stromberg, "AIDS Poses Significant Legal Considerations for the Work Place," Business & Health,
January/February 1986. (Summary of workplace legal issues with respect to AIDS).
Student Works, "HIV Positive Employees as `Handicapped' Persons Under State and Federal Law: West
Virginia Follows the Trend to Cast Aside Irrational Fear and Prejudice in Favor of Competent Medical
Evidence and Sound Public Policy," 93 West Virginia Law Review 219 (Fall 1990).
Survey of Developments in North Carolina and the Fourth Circuit, 1995, "Doe v. University of Maryland
Medical System Corporation: Should Doctors With AIDS Continue to Practice?, 74 North Carolina Law
Review 2013 (September 1996) (Anne Whitford Stukes).
Symposium: "Job Restrictions and Disclosure Requirements for HIV-Infected Health Care Professionals:
Whose Privacy Is It Anyway?", 41 New York Law School Law Review No. 1 (1996) (with bibliography of
related articles).
Temple, "Employers Prepare: Hope for AIDS Victims Means Conflict in Your Workplace," 41 Labor Law
Journal 694 (October 1990).
Trebilcock, "AIDS and the Workplace: Some Policy Pointers from International Labour Standards," 128
International Labour Review 29 (1989).
Tucker, "Section 504 of the Rehabilitation Act After Ten Years of Enforcement: The Past and the
Future," 1989 University of Illinois Law Review 845.
Turk, "AIDS: The First Decade," 14 Employee Relations Law Journal 531 (Spring 1989).
Turner & Ritter, "AIDS and Employment," 5 The Labor Lawyer 83 (Winter 1989).
Turner, "Arline, Chalk, The Civil Rights Restoration Act and the AIDS Handicap," 40 Labor Law Journal
3 (January 1989).
Vogel, "Containing Medical and Disability Costs by Cutting Unhealthy Employees: Does Section 510 of
ERISA Provide a Remedy?" 62 Notre Dame Law Review 1024 (1987).
Vogel, "Discrimination on the Basis of HIV Infection: An Economic Analysis," 49 Ohio State Law Journal
965 (1989).
Waltzer, "Acquired Immune Deficiency Syndrome and Infection with Human Immunodeficiency Virus," 36
Loyola Law Review 55 (Spring 1990) (despite the oblique title, this article mainly concerns HIV-related
discrimination in employment).
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 University
Law Review 441 (Spring 1990).
Watson, Sidney D., "Eliminating Fear Through Comparative Risk: Docs, AIDS and the Anti-
Discrimination Ideal," 40 Buffalo Law Review 739 (Fall 1992).
Weinstein, Deborah, "Employment Discrimination: AIDS Education and Compliance With the Law," 1
Temple Political & Civil Rights Law Review 85 (Spring 1992).
Weston, Maureen C., "The Road Best Traveled: Removing Judicial Roadblocks that Prevent Workers from
Obtaining Both Disability Benefits and ADA Civil Rights Protection," 26 Hofstra Law Review 377 (Winter
1997).
Whitty, Michael D., "AIDS, Labor Law, and Good Management," 40 Labor Law Journal 183 (March
1989).
Whitty, Michael D., and Martin Andrukonis, "Corporate Response to the ADA in One City," 45 Labor
Law Journal 306 (May 1994).
Wilkinson, Wendy, "Judicially Crafted Barriers to Bringing Suit Under the Americans With Disabilities
Act," 38 South Texas Law Review 907 (July 1997).
Wilson, "From AIDS to Z: A Primer for Legal Issues Concerning AIDS, Drugs, and Alcohol in the
Workplace," 2 The Labor Lawyer 631 (Fall 1986).
Wilson & Wingo, "AIDS in the Workplace: Handicap Discrimination Laws and Related Statutes," 9
Journal of Legal Medicine 573 (December 1988).
Wilson, Petra, "Colleague or Viral Vector? The Legal Construction of the HIV-Positive Worker," 16 Law
& Policy 299 (July 1994).
Wing, Kenneth, "AIDS in the Workplace: The Emerging Legal Issues," 42 Journal of the Missouri Bar 163
(April/May 1986).
Wing, Kenneth, "1988 Missouri AIDS and HIV Infection Laws: The Employer's Perspective," 53 Missouri
Law Review 671 (Fall 1988).
Wolohan, John T., "An Ethical and Legal Dilemma: Participation in Sports by HIV-Infected Athletes," 7
Marquette Sports Law Journal 373 (Spring 1997).
Young, Bless S., and Kimberly R. Wells, "Managing AIDS in the Workplace," 41 The Practical Lawyer No.
3, 41 (April 1995).
Zachary, Mary-Kathryn, "Between a Rock and a Hard Place -- Disability Benefits and/or ADA Relief," 48
Labor Law Journal 115 (March 1997).
Zarembka, Arlene, "Employment Discrimination and AIDS: A Primer," Barrister (Spring 1989), 47.
Zarembka, Arlene, "HIV: Insurance, Employment, and Mandatory Testing Issues," 53 Missouri Law
Review 679 (Fall 1988).
Zavos, Michele A., "Federal ADA Protections for People With HIV," 30 Trial No. 12, 58 (December
1994).
Zavos, Michele A., "Right to Work: Job Protections for People with HIV," 29 Trial No. 7, 41 (July 1993).
Zeldin, Jessica, "Disabling Employers: Problems With the ADA's Confidentiality Requirement in
Unionized Workplaces," 73 Washington University Law Quarterly 737 (Summer 1995).
Zellner, "Employers' Dilemma: the AIDS Crisis," 30 For the Defense No. 5, 2 (May 1988).
Estate Planning & Decisionmaking
Berendt & Michaels, "Your HIV Positive Client: Easing the Burden on the Family Through Estate
Planning," 24 John Marshall Law Review 509 (Spring 1991).
Comment, "In the Shadow of Death: A Guide to Estate Planning for the Client with AIDS," 3 Journal of
Pharmacy & Law 109 (1994) (Kimberly Conway).
Dintzer, "The Effect of Acquired Immune Deficiency Syndrome (AIDS) on Testamentary Capacity," 8
Probate Law Journal 157 (Spring 1988).
Hawkins, "Representing Ill Clients," ch.13, Sexual Orientation and the Law (Achtenberg, ed.)(Clark
Boardman, Supp. 1987).
Jamail, Watkins & Pargaman, "Ethics and the Terminally Ill Client," 52 Texas Bar Journal 212 (February
1989).
Johanson, Stanley and Bay, "Estate Planning for the Client with AIDS," 52 Texas Bar Journal 217
(February 1989).
Lipner, Jay, "Legal Aspects of AIDS: Preparing for the Worst," New York Native, April 23, 1984 (Focus
on estate-planning and other legal issues for persons with AIDS and their partners).
Loue, Sana, "Living Wills, Durable Powers of Attorney for Health Care, and HIV Infection: The Need for
Statutory Reform," 16 The Journal of Legal Medicine 461 (December 1995).
Margolick, David, "Legal Help Tailored to Victims of AIDS," New York Times, January 3, 1986 (Report
on legal assistance efforts for persons with AIDS in New York).
Mock and Tobin, "Estate Planning for Clients With AIDS," 7 St. Louis Univ. Public Law Review 177
(1988).
O'Brien, "AIDS: Perspective on the American Family," 34 Villanova Law Review 209 (April 1989).
Parry, William, "Life Services Planning for Persons With AIDS-Related Mental Illnesses," 13 Mental and
Physical Disability Law Reporter 82 (March-April 1989).
Rivera, Rhonda R., "Lawyers, Clients, and AIDS: Some Notes from the Trenches," 49 Ohio State Law
Journal 883 (1989).
Schlesinger & Barkhorn, "Protecting the Plans of AIDS Victims," 128 Trusts & Estates No. 8, 47 (August
1989).
Sherman, Jeffrey G., "Mercy Killing and the Right to Inherit," 61 University of Cincinnati Law Review 803
(1993) (considers situation in which domestic partner and principal beneficiary of person with AIDS may
assist PWA in suicide).
Simpson, "The Living Will: A Matter of Life and Death," 125 Trusts and Estates No. 4 (April 1986), at 10.
Weinstein, "AIDS Dementia Presents Dilemma in Will Contests," Manhattan Lawyer, Jan. 12-Jan. 18,
1988, page 1.
Housing
"AIDS: Update on Employment, Housing and Other Social Services," 9 Whittier Law Review 257 (1987).
Bernstein, "From Pesthouses to AIDS Hospices: Neighbors' Irrational Fears of Treatment Facilities for
Contagious Diseases," 22 Columbia Human Rights Law Review 1 (Fall 1990).
Comment, "Adding Insult to Injury: The Lack of Medically-Appropriate Housing for the Homeless HIV-
Ill," 45 University of Miami Law Review 567 (Nov-Jan 1990/91).
Comment, "Civil Rights: Persons Infected with HIV: Stewart B. McKinney Foundation v. Town Plan &
Zoning Commission: Forcing the AIDS Community to Live a Prophylactic Existence," 46 Oklahoma Law
Review 531 (Fall 1993) (Patrick F. Summers).
Hernandez et al., "AIDS and Homelessness: Personal Accounts," 2 Yale Journal of Law & Liberation 85
(Spring 1991).
Kramer & Kowalski, "Litigating a Fair Housing Case in the 90s," 1 The Practical Litigator No. 3, 41 (May
1990)(mentions disability amendments of 1988 to Fair Housing Act and coverage of AIDS)
Lynch, "Housing the AIDS Victim," AIDS and the Law, ch.5 (Dornette, ed.)(1987).
Mandelker, Daniel, "Housing Issues," AIDS and the Law: A Guide for the Public, ch. 10 (Yale Univ.
Press, 1987).
Mandelker, Daniel, "Housing Issues," AIDS Law Today: A New Guide for the Public, ch. 14 (Yale Univ.
Press, 1993).
Murray, Paula C., "AIDS, Ghosts, Murder: Must Real Estate Brokers and Sellers Disclose?", 27 Wake
Forest Law Review 689 (1992).
Neville-Ewell, Florise R., "Residential Real Estate Transactions: The AIDS Influence," 5 Hofstra Property
Law Journal 301 (Spring 1993).
Note, "A Massachusetts Real Estate Broker's Duty to Disclose: The Quandary Presented by AIDS
Stigmatized Property," 27 New England Law Review 1211 (Summer 1993) (Michael D. Isacco, Jr.).
Note, "Support Ministries for Persons with AIDS, Inc. v. Village of Waterford: The Fair Housing Act and
AIDS Discrimination: David v. Goliath, Part II, 3 Journal of Pharmacy & Law 201 (1994) (John Melvin).
Note, "Your Money and Your Life! AIDS and Real Estate Disclosure Statutes," 5 Hofstra Property Law
Journal 349 (Spring 1993) (Michael Adam Burger & Lourdes I. Reyes Rosa).
Pepper, Beth, "Highlights in Fair Housing Law: Strengthening the Rights of People with Disabilities to
Live in the Community of Their Choice," 26 Clearinghouse Review 1458 (March 1993).
Rotheram-Borus, Koopman & Ehrhardt, "Homeless Youths and HIV Infection," 46 American Psychologist
1188 (November 1991).
Schonfeld, Robert L., and Seth P. Stein, "Fighting Municipal `Tag-Team': The Federal Fair Housing
Amendments Act and Its Use in Obtaining Access to Housing for Persons with Disabilities," 21 Fordham
Urban Law Journal 299 (1994).
Warner, Daniel M., "Caveat Spiritus: A Jurisprudential Reflection Upon the Law of Haunted Houses and
Ghosts," 28 Valparaiso University Law Review 207 (Fall 1993) (discusses laws governing what real estate
brokers can reveal with respect to property previously occupied by persons with AIDS).
Immigration
Baruch, Chad, and Franc Hangarter, "Guess Who's Coming to America: An Analysis of United States
HIV-Related Immigration Policies," 32 Washburn Law Journal 301 (Spring 1993).
Caro, "From Constitutional Psychopathic Inferiority to AIDS: What Is in the Future for Homosexual
Aliens?", 97 Yale Law & Policy Review 201 (1989).
Chang-Muy, Fernando "HIV/AIDS and International Travel: International Organizations, Regional
Governments, and the United States Respond," 23 New York University Journal of International Law &
Politics 1047 (Summer 1991).
Closen, Michael & Mark Wojcik, "International Health Law, International Travel Restrictions, and the
Human Rights of Persons with AIDS and HIV," 1 Touro Journal of Transnational Law 285 (Spring 1990).
Comment, "AIDS and Immigration: The United States Attempts to Deport a Disease," 20 University of
Miami Inter-American Law Review 131 (Fall 1988).
Comment, "An Unnecessary Sacrifice: Restrictions on the Right of Freedom of Movement in an Effort to
Establish an Effective Global AIDS Policy," 13 Dickinson J. Int'l L. 177 (Fall 1994) (Cindy P. Nelson).
Comment, "Closing the Open Door: The Impact of the Human Immunodeficiency Virus Exclusion on the
Legalization Program of the Immigration Reform and Control Act of 1986," 15 Yale Journal of
International Law 162 (Winter 1990).
Comment, "Excluding Immigrants on the Basis of Health: The Haitian Centers Council Decision
Criticized," 11 Journal of Contemporary Health law and Policy 523 (Spring 1995) (Jason A. Pardo).
Comment, "Health Based Exclusion Grounds in United States Immigration Policy: Homosexuals, HIV
Infection, and the Medical Examination of Aliens," 9 Journal of Contemporary Health Law and Policy 521
(Spring 1993) (Lyn G. Shoop).
Comment, "Medical Examination of Aliens: A Policy With Ailments of Its Own," 12 University of
Arkansas at Little Rock Law Journal 739 (1989-90)(focus on HIV testing of immigrants).
Druhot, "Immigration Laws Excluding Aliens on the Basis of Health: Reassessment After AIDS," 7
Journal of Legal Medicine 85 (March 1986) (Review of medical exclusions under immigration law and
applicability to AIDS).
Gostin, Lawrence, and Lane Porter (eds.), International Law and AIDS: International Response, Current
Issues, and Future Directions (ABA Press 1992).
Lynch, "Medical Exclusion and Admissions Policy: Statutes and Strictures," 23 New York University
Journal of International Law & Politics 1001 (Summer 1991).
Margulies, Peter, "Asylum, Intersectionality, and AIDS: Women With HIV as a Persecuted Social Group,"
8 Georgetown Immigration Law Journal 512 (1994).
Note, "Give Us Your Tired, Your Poor, Your Huddled Masses. . . Except When They Have HIV: An
Analysis of Current United States Immigration Policy Regarding HIV-Positive Aliens in Light of
Guantanamo Bay," 27 University of Richmond Law Review 531 (Spring 1993) (Jason W. Konvicka).
Note, "Haitian Centers Council, Inc. v. Sale: Rejecting the Indefinite Detention of HIV-Infected Aliens,"
11 Journal of Contemporary Health Law and Policy 541 (Spring 1995) (Kerry A. Krzynowek).
Note, "HIV-Infected Haitian Refugees: An Argument Against Exclusion," 7 Georgetown Immigration Law
Journal 149 (March 1993) (Elizabeth M. McCormick).
Note, "The AIDS Pandemic: International Travel and Immigration Restrictions and the World Health
Organization's Response," 28 Virginia Journal of International Law 1043 (Summer 1988).
Note, "The Impact of AIDS on Immigration Law: Unresolved Issues," 14 Brooklyn Journal of
International Law 223 (1988).
Note, "The Ineffectiveness and Impact of the Human Immunodeficiency Virus (HIV) Exclusion in U.S.
Immigration Law," 3 Georgetown Immigration Law Journal 87 (Spring 1989).
Note, "The United States Exclusion of HIV Positive Aliens: Realities and Illusions," 18 Suffolk
Transnational Law Review 269 (Winter 1995).
Note, "The World Health Organization's Resolution Condemning AIDS-Related Discrimination and
Ongoing United States Noncompliance at the Border," 12 New York Law School Journal of International
and Comparative Law 151 (1991).
Wolchok, "AIDS at the Frontier: United States Immigration Policy," 10 Journal of Legal Medicine 127
(March 1989).
Insurance & Benefits
Albert, Miriam R., "Selling Death Short: The Regulatory and Policy Implications of Viatical Settlements,"
61 Albany Law Review 1013 (1998).
American Bar Association AIDS Committee, William A. Bradford, Jr., and Michelle Zavos, "The AIDS
Epidemic and Health Care Reform," 27 John Marshall Law Review 279 (Winter 1994).
Barr, Judith K., and Robert A. Padgug, "Employers and AIDS: Meeting the Health Benefit Needs of
People with HIV Disease," 3 Cornell Journal of Law & Public Policy 83 (Fall 1993).
Baumgart, Bradley J., and Jane A. DeJong, "AIDS Exclusions in Group Health Care Plans," 37 For the
Defense No. 4, 2 (April 1995).
Bayer, Ronald, "Are Limits on AIDS-Related Health Benefits Ethical?", 3 Employment Testing Law &
Policy Reporter No. 1, 1 (January 1994).
Benjamin, Paul, "AIDS, Workplace Compensation and Social Security," 9 South African Journal on
Human Rights 123 (1993).
Blanck, Peter D., Clifford H. Schoenberg & James P. Tenney, "AIDS-Related Benefits Equation: Costs
Times Needs Divided by Applicable Law," New York Law Journal, February 28, 1994, p. 1 (analysis of
Mason Tenders litigation - AIDS caps in self-insured employers' benefit plans).
Blum, John D., "Safeguarding the Interests of People With AIDS in Managed Care Settings," 61 Albany
Law Review 745 (1998).
Booth, Clem, "The Insurance Industry and AIDS -- An Insider's Perspective," 9 South African Journal on
Human Rights 151 (1993).
Bovbjerg, Randall R., "AIDS and Insurance: How Private Health Coverage Relates to HIV/AIDS Infection
and to Public Programs," 77 Iowa Law Review 1561 (May 1992).
Case Study, "Who Pays for AZT?", 19 Hastings Center Report No. 5, at 30 (Sep/Oct 1989).
Cavazos, Roxella T., "The Application of ERISA and the ADA to Disability-Based Distinctions in Health
Insurance," 30 Tort & Insurance Law Journal 1045 (Summer 1995).
Christensen, Burke A., "AIDS and Life Insurance: A Brief History," 134 Trusts & Estates No. 9, 89
(September 1995).
Clifford & Iuculano, "AIDS and Insurance: The Rationale for AIDS-Related Testing," 100 Harvard Law
Review 1806 (May 1987).
Comment, "AIDS and Disability-Based Discrimination in Employer-Provided Health Insurance: ADA
Imposes Liability for Broken Promises," 20 Southern University Law Review 457 (Fall 1993) (Pamela
Washington-Carter).
Comment, "Applicability of ADA Non-Discrimination Principles to Self-Insured Health Plans: Do `AIDS
Caps' Violate the Law?", 11 Journal of Contemporary Health Law and Policy 221 (Fall 1994) (Patrick J.
Morgan).
Comment, "Are Viatical Settlements Securities Within the Regulatory Control of the Securities Act of
1933?", 60 University of Chicago Law Review 957 (Summer/Fall 1993) (Shanah D. Glick).
Comment, "ERISA Preemption and Its Effects on Capping the Health Benefits of Individuals With AIDS:
A Demonstration of Why the United States Health and Insurance Systems Require Substantial Reform,"
30 Houston Law Review 1347 (Fall 1993) (Lizzette Palmer).
Comment, "Group Health Benefits Discrimination Against AIDS Victims: Falling Through the Gaps of
Federal Law -- ERISA, the Rehabilitation Act and the Americans With Disabilities Act," 24 Loyola of Los
Angeles Law Review 1247 (June 1991).
Comment, "HIV/AIDS and the Pre-Existing Health Condition Standard: Teaching an Old Dog New
Tricks," 24 John Marshall Law Review 653 (Spring 1991).
Comment, "Prohibiting the Use of the Human Immunodeficiency Virus Antibody Test by Employers and
Insurers," 25 Harvard Journal on Legislation 275 (Winter 1988).
Comment, "SEC v. Life Partners, Inc.: An Extended Interpretation of the Howey Test Finds That Viatical
Settlements Are Investment Contracts," 22 Delaware Journal of Corporate Law 253 (1997).
Comment, "Securing Employee Health Benefits Through ERISA and the ADA," 42 Emory Law Journal
1197 (Fall 1993) (Kathlynn L. Butler) (McGann commentary and legislative proposal).
Comment, "The Americans With Disabilities Act: Will the Insurance Field Change?", 20 Ohio Northern
University Law Review 1031 (1994) (Ted Storer).
Copus, David A., and Glen D. Nager, "Benefit Plan Limitations after the Americans With Disabilities Act,"
19 Employee Relations Law Journal 77 (Summer 1993).
Court, Patricia G., and Linda Karr O'Connor, "A Selected Bibliography on AIDS and Health Insurance," 3
Cornell Journal of Law & Public Policy 109 (Fall 1993).
Eisenstat, Steven, "Capping Health Insurance Benefits for AIDS: An Analysis of Disability-Based
Distinctions Under the Americans With Disabilities Act," 10 Journal of Law & Politics 1 (Fall 1993).
Engle, Daniel A., "The ADA and Life, Health, and Disability Insurance: Where Is the Liability?," 33 Torts
& Insurance Law Journal 227 (Fall 1997).
Engel, Daniel A., and Sherri I. Giffin, "Hot Employee Benefits Issues: Vested Coverages, Retaliation, and
Americans with Disabilities Act," 28 Tort & Insurance Law Journal 711 (Summer 1993).
Fontana, "The Ramifications of the AIDS Crisis for Local Governments," 23 Tort and Insurance Law
Journal 195 (Fall 1987).
Fox, "Financing Health Care for Persons With HIV Infection: Guidelines for State Action," 16 American
Journal of Law and Medicine 223 (1990).
Furfaro & Josephson, "Health Benefits of Employees With AIDS," New York Law Journal (5/3/91), at 3,
9.
Goldfein, Ronda B., and Catherine Hanssens, "Protecting HIV-Positive Workers: Whose ADA Is It
Anyway?", 32 Trial No. 2, 26 (February 1996)(critique of AIDS exclusions in COBRA insurance coverage).
Greely, "AIDS and the American Health Care Financing System," 51 University of Pittsburgh Law Review
73 (Fall 1989).
Green, Jesse, Gerald M. Oppenheimer, and Neil Wintfeld, "The $147,000 Misunderstanding: Repercussions
of 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).
Hall & Anderson, "Health Insurers' Assessment of Medical Necessity," 140 University of Pennsylvania Law
Review 1637 (May 1992).
Hiam, "Insurers, Consumers, and Testing: The AIDS Experience," 15 Law, Medicine & Health Care 212
(Winter 1987/88).
Highberger, "The Impact of ERISA on Discrimination Claims of People With AIDS," 17 Employee
Relations Law Journal 449 (Winter 1991/92).
Hoffman, "Discrimination Litigation Relating to Employee Benefits," 43 Labor Law Journal 362 (June
1992).
Hoffman & Kincaid, "AIDS: The Challenge to Life and Health Insurers' Freedom of Contract," 35 Drake
Law Review 709 (1986-1987).
Hollowell & Eldridge, "Constitutional Law: Subsistence, Equal Opportunity, and the Individual Diagnosed
with HIV," 9 Journal of Legal Medicine 561 (December 1988).
Hollowell & Eldridge, "AIDS and the Insurance Industry: The Debate Within the Debate," 10 Journal of
Legal Medicine 77 (March 1989).
"How AIDS Affects the Property and Casualty Industry," 65 Journal of American Insurance 22 (First
Quarter 1989).
Hudgins, Leon Paul, "AIDS and the Insurer's Right to Rescind the Insurance Contract," 43 Federation of
Insurance & Corporate Counsel Quarterly 79 (Fall 1992).
Hylton, Maria O'Brien, "Insurance Risk Classifications After McGann: Managing Risk Efficiently in the
Shadow of the ADA," 47 Baylor Law Review 59 (Winter 1995).
Isbell, Michael T., "AIDS and Access to Care: Lessons for Health Care Reformers," 3 Cornell Journal of
Law & Public Policy 7 (Fall 1993).
Iuculano, "Life Insurance," ch.12, AIDS and the Law (Dornette, ed.)(1987).
Jackson, Mark H., "Health Insurance: The Battle Over Limits on Coverage," in AIDS Agenda (New Press,
1992).
James, "The Experimental Treatment Exclusion Clause: A Tool for Silent Rationing of Health Care?", 12
Journal of Legal Medicine 359 (September 1991).
Kern, "Hippocrates or Hypocrisy: Treatment Economics," New Jersey Lawyer No. 126, 28
(January/February 1989).
Kim and McMullin, "AIDS and the Insurance Industry: An Evolving Resolution of Conflicting Interests
and Rights," 7 St. Louis Univ. Public Law Review 155 (1988).
Kirby, Michael, "Life's Dominion," 9 South African Journal on Human Rights 158 (1993).
Kress, "Benefit Vesting in Employee Health Plans," 24 Tort & Insurance Law Journal 88 (Fall 1988) (This
article is not strictly on AIDS, but deals with an insurance law issue heavily related to AIDS).
Lesneski & Adler, "Testing: The Employers' and Healthcare Providers' Dilemma," New Jersey Lawyer No.
126, 20 (January/February 1989).
Marcossen, Samuel A., "Who Is `Us' and Who Is `Them' -- Common Threads and the Discriminatory Cut-
Off of Health Care Benefits for AIDS Under ERISA and the Americans With Disabilities Act," 44
American University Law Review 361 (December 1994).
Mars, Harvey S., "Employee Welfare Benefit Entitlements and Title I of the Americans With Disabilities
Act," 46 Labor Law Journal 273 (May 1995).
McFadden, Monica E., "Insurance Benefits Under the ADA: Discrimination or Business as Usual?", 28
Tort & Insurance Law Journal 480 (Spring 1993).
McGovern, Theresa M., "S.P. v. Sullivan: The Effort to Broaden the Social Security Administration's
Definition of AIDS," 21 Fordham Urban Law Journal 1083 (Summer 1994).
Mook, Jonathan R., "Expanding ADA Coverage to Employee Benefit Plans: Recent Judicial and
Administrative Developments," 20 Employee Relations Law Journal 571 (Spring 1995).
Muehlhausen, "The Impact of AIDS on Life Insurance," 40 Federation of Insurance & Corporate Counsel
Quarterly 281 (Spring 1990).
National Health Law Program, "The COBRA Continuation Option: Questions and Answers," 21
Clearinghouse Review 1315 (April 1988).
National Health Law Program, "Health Benefits: How the System is Responding to AIDS," 22
Clearinghouse Review 724 (December 1988).
Note, "Acquired Immune Deficiency Syndrome, Viatical Settlement, and the Health Care Crisis: AIDS
Patients Reach Into the Future to Make Ends Meet," 25 Rutgers Law Journal 117 (Autumn 1993) (Lee
Ann Dean).
Note, "AIDS and ERISA Preemption: The Double Threat," 41 Duke Law Journal 1115 (April 1992).
Note, "AIDS and the Incontestability Clause," 66 North Dakota Law Review 267 (1990).
Note, "AIDS Antibody Testing and Health Insurance Underwriting: A Paradigmatic Inquiry," 49 Ohio
State Law Journal 1059 (1989).
Note, "Denial of Coverage for `Experimental' Medical Procedures: The Problem of De Novo Review
Under ERISA," 79 Kentucky Law Journal 801 (1990-91).
Note, "Employee Benefits or Employer `Subterfuge': The Americans With Disabilities Act's Prohibition
Against Discriminatory Health Plans," 12 New York Law School Journal of Human Rights 85 (Fall 1994)
(John E. Estes).
Note, "Examining the Harmful Effects of Viatical Settlement Regulation," 27 John Marshall Law Review
581 (Winter 1994) (Jennifer Berner).
Note, "Experimental Exclusions: Are Insurance Companies Really Protected?", 9 New York Law School
Journal of Human Rights 217 (Fall 1991).
Note, "Fear, Discrimination and Dying in the Workplace: AIDS and the Capping of Employees' Health
Insurance Benefits," 82 Kentucky Law Journal 249 (1993-94) (Thomas E. Bartrum).
Note, "HIV Testing and Insurance Applicants: Exploring Constitutional Alternatives to Statutory
Protections," 19 Hastings Constitutional Law Quarterly 1163 (Summer 1992).
Note, "Subterfuge: Do Coverage Limitations and Exclusions in Employer-Provided Health Care Plans
Violate the Americans With Disabilities Act?", 69 New York University Law Review 850 (October-
November 1994) (H. Miriam Farber).
Note, "The Future of Self-Funded Health Plans," 79 Iowa Law Review 413 (Jan. 1994) (Kevin Caster).
Note, "Two Hats, One Head: Reconciling Disability Benefits and the Americans With Disabilities Act of
1990," 1997 University of Illinois Law Review 1139 (Jorge M. Leon).
Note, "Undermining the Protection of Health Insurance: The Preexisting Condition Clause," 30 New
England Law Review 883 (Spring 1996) (Jennifer M. Franco).
Note, "Unpopular but Not Unfair: The Fifth Circuit Consider the Terms but Ignores the Endearment in
McGann V. H & H Music Co.," 72 Nebraska Law Review 860 (1993).
Note, "Use It and Lose It: The Employer's Absolute Right Under ERISA Section 510 to Engage in Post-
Claim Modifications of Employee Welfare Benefit Plans," 68 Indiana Law Journal 177 (Winter 1992).
Note, "Viatical Settlements Are Not Securities: Is It Law or Sympathy?", 66 George Washington Law
Review 382 (January 1998) (Elizabeth L. Deeley).
Note, "What is `Experimental' Medical Treatment?: A Legislative Definition is Needed," 44 Cleveland
State Law Review 67 (1996) (Melody L. Harness).
Oppenheimer, Gerald M., and Robert A. Padgug, "AIDS: The Risk to Insurers, the Threat to Equity," 16
Hastings Center Report No. 5, 18 (October 1986).
Osborn, Malcolm E., "Rapidly Developing Law on Viatical Settlements," 31 Wake Forest Law Review 471
(1996).
Padgug, Robert A., and Gerald M. Oppenheimer, "AIDS, Health Insurance and the Crisis of Community,"
5 Notre Dame Journal of Law, Ethics & Public Policy 35 (1990).
Padgug, Robert A., Gerald M. Oppenheimer, and Jon Eisenhandler, "AIDS and Private Health Insurance:
A Crisis of Risk Sharing," 3 Cornell Journal of Law & Public Policy 55 (Fall 1993).
Parry, "Life Services Planning for Persons with AIDS-Related Mental Illnesses," 13 Mental and Physical
Disability Law Reporter 82 (March-April 1989).
Pascal, "Statutory Restrictions on Life Insurance Underwriting of AIDS Risk -- With Emphasis on
Restrictions in the District of Columbia," 54 Defense Counsel Journal 319 (July 1987).
Pittman, Larry J., "ERISA's Preemption Clause and the Health Care Industry: An Abdication of Judicial
Law-Creating Authority," 46 Florida Law Review 356 (July 1994).
Recent Development, "Employment Law -- Warning to the Disabled: Applying for Disability Benefits May
Prevent You From Claiming to be "Qualified" Under the ADA," 20 American Journal of Trial Advocacy
669 (Spring 1997)(K. Kathy Brown).
Recent Developments, "McGann v. H&H Music Co.: The Limited Meaning of `Discrimination' Under
Section 510 of ERISA," 67 Tulane Law Review 305 (November 1992) (T.J. Dorsey).
Rivera, Rhonda R., "Lawyers, Clients, and AIDS: Some Notes from the Trenches," 49 Ohio State Law
Journal 883 (1989).
Rossbacher, Henry H., James S. Cahill, & Linda L. Griffis, "ERISA's Dark Side: Retiree Health Benefits,
False Employer Promises and the Protective Judiciary," 9 DePaul Business Law Journal 305
(Spring/Summer 1997).
Schatz, Benjamin J., "The AIDS Insurance Crisis: Underwriting or Overreaching?", 100 Harvard Law
Review 1782 (May 1987).
Schatz, Benjamin J., "The Crisis in AIDS and Health Insurance," Barrister (Spring 1989), 45.
Scherzer, Mark, "Insurance," AIDS and the Law: A Guide for the Public, ch.13 (Yale Univ. Press, 1987).
Scherzer, Mark, "Insurance & AIDS," ch.16, Sexual Orientation and the Law (R. Achtenberg, ed.) (Clark
Boardman, Supp. 1987).
Scherzer, Mark, "Private Insurance," AIDS Law Today: A New Guide for the Public, ch. 18 (Yale Univ.
Press, 1993).
Schmall, Lorraine, "Toward Full Participation and Protection of the Worker With Illness: The Failure of
Federal Health Law After McGann v. H & H Music Co.," 29 Wake Forest Law Review 781 (1994).
Schwartz, Robert L., "Life Style, Health Status, and Distributive Justice," 3 Health Matrix Journal of Law-
Medicine 195 (1993).
Special Project, "Family Law in the 1990s -- Help! We've Fallen and We Can't Get Up: The Problems
Families Face Because of Employment-Based Health Insurance," 46 Vanderbilt Law Review 779 (April
1993) (Jeffrey Ralph Pettit).
Spelfogel, Evan J., "The Interaction of ERISA and the Americans With Disabilities Act," 68 St. John's Law
Review 459 (Spring 1994) (AIDS caps or exclusions and the ADA).
Stone, "AIDS and the Moral Economy of Insurance," 1 The American Prospect No. 1, 62 (1990).
Stone, "The Rhetoric of Insurance Law: The Debate Over AIDS Testing," 15 Law & Social Inquiry 385
(Spring 1990) (review essay)
Student Article, "AIDS Discrimination in Employee Health Benefits: Is There a Federal Remedy for
Modification of a Plan Once an Employee Develops AIDS?", 18 Law & Psychology Review 377 (Spring
1994) (Tracy S. Guice).
Student Article, "Prohibiting AIDS Testing in the Health Insurance Context: Patching Up a Patchwork
System," 5 Notre Dame Journal of Law, Ethics & Public Policy 131 (1990)(student author: Suzanne M.
Russell).
Student Article, "Viatical Settlements: A Healthy Alternative for the Terminally Ill," 21 Law and
Psychology Review 181 (Spring 1997) (Mona L. Flowers).
Swanson, Edward, "Life Assurance, Health Insurance and AIDS: Lessons from the United States," 9 South
African Journal on Human Rights 143 (1993).
Swidler, Robert N., "Special Needs Plans: Adapting Medicaid Managed Care for Persons with Serious
Mental Illness or HIV/AIDS," 61 Albany Law Review 1113 (1998).
Terl, Allan H., "Emerging Issues of AIDS and Insurance," 12 Nova Law Review 1291 (Spring 1988).
Terl, Allan H., "Life Insurance Buyouts: Some Advice," 20 Human Rights No. 2, 7 (Spring 1993).
Tonery, "AIDS: A Crisis in Health Care Financing," 40 Federation of Insurance & Corporate Counsel
Quarterly 133 (Winter 1990) (important exposure of fallacies of arguments made by insurance industry in
support of identifying and excluding HIV positive health insurance applicants).
Tucker, Bonnie Poitras, "Insurance and the ADA," 46 DePaul Law Review 915 (Summer 1997).
Visser, Coenraad, "AIDS and Insurance Law: A Preliminary Laundry List of Issues," 9 South African
Journal on Human Rights 130 (1993).
Vogel, Paula, "Discrimination on the Basis of HIV Infection: An Economic Analysis," 49 Ohio State Law
Journal 965 (1989).
Weston, Maureen C., "The Road Best Traveled: Removing Judicial Roadblocks that Prevent Workers from
Obtaining Both Disability Benefits and ADA Civil Rights Protection," 26 Hofstra Law Review 377 (Winter
1997).
Widiss, Alan I., "To Insure or Not to Insure Persons Infected with the Virus that Causes AIDS," 77 Iowa
Law Review 1617 (May 1992).
Widiss, Alan I., and Larry Gostin, "What's Wrong with the ERISA `Vacuum'?: The Case Against
Unrestricted Freedom for Employers to Terminate Employee Health Care Plans and to Decide What
Coverage is to be Provided When Risk Retention Programs are Established for Health Care," 41 Drake
Law Review 635 (1992).
Wilson, "Health Insurance," ch.11, AIDS and the Law (Dornette, ed.)(1987).
Zarembka, Arlene, "HIV: Insurance, Employment, and Mandatory Testing Issues," 53 Missouri Law
Review 679 (Fall 1988).
Zavos, Michele, "AIDS and Insurance: No Guarantees," 20 Human Rights No. 1, 18 (Winter 1993).
International & Comparative Law (including Travel)
Alkas, Peri H., and Wayne X. Shandera, "HIV and AIDS in Africa," 17 Journal of Legal Medicine 527
(December 1996).
Bayer, Ronald, "Between Past and Future: AIDS Policy in International Perspective," 23 New York
University Journal of International Law & Politics 1061 (Summer 1991).
Beyrer, Chris, "Burma and Cambodia: Human Rights, Social Disruption, and the Spread of HIV/AIDS," 2
Health and Human Rights No. 4, 84 (1998).
Bloom, "AIDS and Moral Theory: An Inadequate Response from the World Community," 23 New York
University Journal of International Law & Politics 1069 (Summer 1991).
Bradshaw, "International AIDS Prevention and Control: Overcoming the Obstacles," 23 New York
University Journal of International Law & Politics 1031 (Summer 1991).
Brandling-Bennett, "The Impact of AIDS in the 1990s, with Emphasis on the Region of the Americas," 23
New York University Journal of International Law & Politics 989 (Summer 1991).
Cameron & Swanson, "Public Health and Human Rights -- The AIDS Crisis in South Africa," 8 South
African Journal on Human Rights 200 (1992).
Chang-Muy, "HIV/AIDS and International Travel: International Organizations, Regional Governments,
and the United States Respond," 23 New York University Journal of International Law & Politics 1047
(Summer 1991).
Closen & Wojcik, "ESSAY: Freedom in Eastern Europe and the Spread of HIV/AIDS: The Unnoticed
Story," 1 Touro Journal of Transnational Law 307 (Spring 1990).
Closen & Wojcik, "International Health Law, International Travel Restrictions, and the Human Rights of
Persons with AIDS and HIV," 1 Touro Journal of Transnational Law 285 (Spring 1990).
Comment, "An Unnecessary Sacrifice: Restrictions on the Right of Freedom of Movement in an Effort to
Establish an Effective Global AIDS Policy," 13 Dickinson J. Int'l L. 177 (Fall 1994) (Cindy P. Nelson).
Comment, "Global Ostracism of HIV-Positive Aliens: International Restrictions Barring HIV-Positive
Aliens," 19 Maryland Journal of International Law & Trade 81 (Spring 1995) (Sarah N. Qureshi).
Comment, "HIV Positive, Employment Negative? HIV Discrimination Among Health Care Workers in the
United States and France," 17 Comparative Labor Law Journal 398 (Winter 1996) (Alix R. Rubin).
Comment, "Legislative Instruments Dealing With AIDS and the Importance of Education," 27 The
International Lawyer 495 (Summer 1993) (Amy Lou Raney).
Comment, "Legislative Responses to HIV/AIDS in Africa," 11 Connecticut Journal of International Law
169 (Fall 1995).
Fidler, David P., "The Globalization of Public Health: Emerging Infectious Diseases and International
Relations," 5 Indiana Journal of Global Legal Studies 11 (Fall 1997).
Frankenberg, "`In the Beginning of All the World Was America': AIDS Policy and Law in West Germany,"
23 New York University Journal of International Law & Politics 1079 (Summer 1991).
Gostin, Lawrence, and Lane Porter, International Law and AIDS: International Response, Current Issues,
and Future Directions (ABA Press 1992).
Harris, John, and Soren Holm, "If Only AIDS Were Different!," 23 Hastings Center Report No. 6, 6
(November-December 1993) (comparative treatment of public health strategies in different countries).
Hendriks, "The Right to Freedom of Movement and the (Un)lawfulness of AIDS/HIV Specific Travel
Restrictions from a European Perspective," 59 Nordic Journal of International Law 186 (1990).
Heywood, Mark, and Morna Cornell, "Human Rights and AIDS in South Africa: From Right Margin to
Left Margin," 2 Health and Human Rights No. 4, 60 (1998).
Hummel (ed.), AIDS, Impact on Public Policy: An International Forum (1986).
Jackson, Helen, "Societal Determinants of Women's Vulnerability to HIV Infection in South Africa," 2
Health and Human Rights No. 4, 9 (1998).
Jarvis, Robert, "Advocacy for AIDS Victims: An International Law Approach," 20 University of Miami
Inter-American Law Review 1 (Fall 1988).
Jayasuriya, D.C., "A Comparative Review of AIDS Legislation in Asia and the Pacific," 43 International
and Comparative Law Quarterly 391 (April 1994).
Jayasuriya, D.C., "AIDS-Related Legislation in the Context of the Third AIDS Pandemic," 18 Law,
Medicine & Health Care 41 (Spring-Summer 1990).
Kauffman, "International and Regional AIDS Policy and Practice: The Red Cross Experience," 23 New
York University Journal of International Law & Politics 977 (Summer 1991).
Kelly, Joseph, "HIV-AIDS at the Workplace," 43 Labor Law Journal 759 (December 1992) (includes
summary of British Commonwealth, France and Germany).
Kelly, Joseph, "The AIDS Virus in the Workplace: A Comparison of British and American Law
Concerning the HIV-Infected Employee," 37 Medical Trial Technique Quarterly 184 (1990).
Kirby, Michael, "AIDS and Human Rights," 1 Australian Gay & Lesbian Law Journal 1 (Autumn 1992).
Koomen, Kaaren (extractor), "Extracts of the Report of the Privacy and HIV/AIDS Working Party," 2
Australian Gay & Lesbian Law Journal 77 (Spring 1992).
Lee, Elaine, Lee Woon Shiu & Margaret Law Yuh Tyng, "Law and Medicine: AIDS and the Law,"
Singapore Law Review No. 259/06/94, 213-243.
Linares, "Legislative Approaches to AIDS in Latin America," 23 New York University Journal of
International Law & Politics 1013 (Summer 1991).
Lynch, "Medical Exclusion and Admissions Policy: Statutes and Strictures," 23 New York University
Journal of International Law & Politics 1001 (Summer 1991).
Mann, Dam & Kay, "Global Coordination of National Public Health Strategies," 18 Law, Medicine &
Health Care 20 (Spring-Summer 1990).
Mann, Jonathan, "Human Rights and AIDS: The Future of the Pandemic," 30 John Marshall Law Review
195 (Fall 1996).
Mann, Jonathan, Daniel Tarantola, Jeff O'Malley, and the Global AIDS Policy Coalition, "Toward a New
Health Care Strategy to Control the HIV/AIDS Pandemic," 22 Journal of Law, Medicine & Ethics 41
(Spring 1994).
Note, "Criminalizing the Sexual Transmission of HIV: An International Analysis," 15 Hastings
International & Comparative Law Review 475 (Spring 1992).
Note, "Expediting FDA Approval of AIDS Drugs: An International Approach," 13 Boston University
International Law Journal 229 (Spring 1995) (Julie C. Relihan).
Note, "The AIDS Pandemic: International Travel and Immigration Restrictions and the World Health
Organization's Response," 28 Virginia Journal of International Law 1043 (Summer 1988).
Orme, Alison, "Turning Hard Cases Into Good Laws - HIV/AIDS Law Reform," 2 Australian Gay and
Lesbian Law Journal 71 (Spring 1992).
Overbeek, "AIDS/HIV Infection and the Free Movement of Persons Within the European Economic
Community," 27 Common Market Law Review 791 (1990).
Preble, "Women, Children and AIDS in Africa: An Impending Disaster," 23 New York University Journal
of International Law & Politics 959 (Summer 1991).
Radipati, B.D.D., "HIV/AIDS and Employment Law: A Comparative Synopsis," 26 Comparative &
International Law Journal of Southern Africa 396 (Nov. 1993).
Rozovsky & Rozovsky, AIDS and Canadian Law (1992).
Stanley, Ann E., "May I Ask You a Personal Question? The Right to Privacy and HIV Testing in the
European Community and the United States," 65 Fordham Law Review 2775 (May 1997).
Symposium, "A Focus on AIDS," 9 South African Journal on Human Rights Part I (1993) (individual
articles not listed in this section, but rather under their appropriate topic headings).
Symposium, "AIDS: International Public Health Strategies," 18 Law, Medicine & Health Care Nos. 1-2
(Spring-Summer 1990).
Symposium, "International and Comparative AIDS Policy," 23 New York Uuniversity Journal of
International Law & Politics No. 4 (Summer 1991).
Wasson, Robert P., Jr., "The AIDS Crisis as an Impetus to Law Reform in the United States and Kenya,"
17 Suffolk Transnational Law Review 1 (Winter 1994).
Legal & Judicial Professional Issues
Andrias, Richard, "Shed Your Robes: Three Reasons for Aggressive Judicial Leadership with the HIV
Epidemic," 29 The Judges' Journal No. 2, 4 (Spring 1990).
Begg, "Legal Ethics and AIDS: An Analysis of Selected Issues," 3 Georgetown Journal of Legal Ethics 1
(Summer 1989), reprinted in Los Angeles Daily Journal Report, No. 89-13, December 29, 1989.
Bradford, "Rendering Legal Aid to People With AIDS," 37 The Practical Lawyer No. 4, 23 (June 1991).
Closen, Michael L. & Jon D. Cohen, "Judicial Receptivity to HIV-AIDS Advocacy: An Empirical Survey,"
17 Southern Illinois University Law Journal 211 (Winter 1993).
Coleman, Thomas, "Representing AIDS-Affected Clients," 11 Los Angeles Lawyer No. 6, 54 (September
1988).
Earl & Kavanaugh, "Meeting the AIDS Epidemic in the Courtroom: Practical Suggestions in Litigating
Your First AIDS Case," 12 Nova Law Review 1203 (Spring 1988).
Ford, "AIDS: It's Time for the Legal Profession to Respond," 52 Texas Bar Journal 205 (February 1989)
Gomez, Elizabeth A., "AIDS: Legal and Ethical Issues," 16 Trial Diplomacy Journal 117 (May/June 1993).
Jamail, Watkins & Pargaman, "Ethics and the Terminally Ill Client," 52 Texas Bar Journal 212 (February
1989).
Johnson, "Trial of an AIDS Case -- The Quest For Control," 14 Trial Diplomacy Journal 99 (Summer
1991).
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' Medical
Status," 70 Tulane Law Review 2311 (June 1996).
Lattimore, "AIDS: Information and Recommendations to Assist Judges in Conducting Proceedings and
Court Administrators in Managing the Workplace," State Court Journal, Winter 1991, 25-36.
Lurigio, Petraitis & Johnson, "The Cook County Experience: Assessing AIDS Education for Judges," 29
The Judges' Journal No. 3, 30 (Summer 1990).
Messitte, "A Judicial Perspective on AIDS," National Law Journal, September 5, 1988, p.1; also published
in 72 Judicature No. 4 (Dec-Jan 1989).
Musheno, Gregware & Drass, "Court Management of AIDS Disputes: A Sociolegal Analysis," 16 Law &
Social Inquiry 737 (Fall 1991).
National Lawyers Guild AIDS Network & National Gay Rights Advocates, AIDS Practice Manual: A
Legal and Educational Guide (1986) (Practical advice for attorneys representing persons with AIDS).
Note, "Deadly Confidentiality: AIDS and Rule 1.6(b)," 4 Georgetown Journal of Legal Ethics 435 (Fall
1990) (Ethical dilemmas for lawyers surrounding AIDS confidentiality).
Oliver, "AIDS Raises Legal Issues; Pro Bono Attorneys Respond," 52 Texas Bar Journal 211 (February
1989)
Peters, Jeff, "The AIDS Crisis: Florida Lawyers Respond: Fighting an Epidemic, Ignorance, Prejudice, and
Fear," Florida Bar Journal (May 1989), 40.
Quade, Vicki, "Life, Death and a Law Firm," Barrister (Spring 1989), 5 (account of Dan Bradley,
prominent gay lawyer with AIDS)
Rio, "Serving the Legal Needs of Persons With HIV or AIDS," Chicago Bar Record (June 1992), p. 35.
Rivera, "Lawyers, Clients, and AIDS: Some Notes from the Trenches," 49 Ohio State Law Journal 883
(1989) (practice notes covering estate planning and administration, insurance, employment and benefits,
and domestic relations law issues).
Runner, "How to Set Up an AIDS Education Program: The California Experience," 29 The Judges'
Journal No. 2, 40 (Spring 1990).
Senak, Mark, "When Your Client Has AIDS," American Bar Association Journal, July 1, 1988, 76-79.
Silas, "Legal AIDS: Bars Offer Help to Persons With AIDS," 14 Bar Leader No. 3, 18 (Nov-Dec 1988).
Special Report: AIDS, The Law & Society: Directions and Challenges for the Legal Community, 11 Los
Angeles Lawyer No. 6 (September 1988).
Sullivan, Barry, "AIDS: Law, Public Policy, and the Continuing Work of the American Bar Association,"
27 John Marshall Law Review 273 (Winter 1994).
Symposium on AIDS Issues, 29 The Judges' Journal No. 2 (Spring 1990).
Torbert, "The Challenge AIDS Poses to the Courts," 29 The Judges' Journal No. 2, 2 (Spring 1990).
Waters, "AIDS in the Legal System," 65 Florida Bar Journal No. 1, 61 (January 1991)(ethical issues for
lawyers and judges).
Whitman, "Someone to Turn To," 19 Student Lawyers No. 2, 38 (October 1990) (description of Florida
AIDS legal services network).
Mental Health Law
Haimowitz, "HIV and the Mentally Ill: An Approach to the Legal Issues," 40 Hospital and Community
Psychiatry 732 (July 1989).
Isele, "A New Challenge for Mental Health Law," New Jersey Lawyer No. 126, 58 (January/February 1989).
Perlin, Michael & Joel Dvoskin, "AIDS-Related Dementia and Competency to Stand Trial: A Potential
Abuse of the Forensic Mental Health System?," 18 Bulletin of the American Academy of Psychiatry and
the Law 349 (1990).
Rennert, "AIDS/HIV and Confidentiality: Model Policy and Procedures," 39 University of Kansas Law
Review 653 (Spring 1991).
Rennert (primary author), AIDS and Persons With Developmental Disabilities: The Legal Perspective
(ABA Commission on the Mentally Disabled & Center on Children and the Law)(1989).
Silva, Leong & Weinstock, "An HIV-Infected Psychiatric Patient: Some Clinicolegal Dilemmas," 17
Bulletin of American Academy of Psychiatry and the Law 33 (1989).
Turnbull, Paul and Sheldon, "Mandatory AIDS Testing for Persons With a Developmental Disability in
Residential Facilities," 39 University of Kansas Law Review 585 (Spring 1991).
Military
Anderson, Kramer & Shambley, "AIDS Issues in the Military," 32 The Air Force Law Review 353 (1990).
Criminal Law Notes, "AIDS and Aggravated Assault," The Army Lawyer, DOA Pamphlet 27-50-211 (July
1990), at 47.
Criminal Law Notes, "The `Safe-Sex' Order Held to be Lawful When the `Victim' is a Civilian," The Army
Lawyer, DOA Pamphlet 27-50-212 (August 1990), at 30.
Gilberd, "Miscellaneous Topics and AIDS: The Military," ch.17.02, Sexual Orientation and the Law
(Achtenberg, ed.)(Clark Boardman, Supp. 1987).
Instructors, The JAG School, Criminal Law Notes, AIDS Update, The Army Lawyer, March 1989, DOA
Pamphlet 27-50-195, p. 29
McLaughlin, Elizabeth Beard, "A `Society Apart?' The Military's Response to the Threat of AIDS," The
Army Lawyer, October 1993, DOA Pamphlet 27-50-251, p. 3.
Milhizer, "Endangering Others: The Military's Approach for Controlling HIV Transmission," 29 The
Judges' Journal No. 3, 34 (Summer 1990).
Milhizer, "Legality of the `Safe-Sex' Order to Soldiers Having AIDS," The Army Lawyer, Dept. of Army
Pamphlet 27-50-192 (December 1988), at 4.
Milhizer, "Safe Sex . . . or Else: Using the Court Martial System in the Military to Limit the Speed of
AIDS," 5 Criminal Justice No. 4, 16 (Winter 1991).
National Lawyers Guild Military Law Task Force, Military Policy on AIDS: Basic Materials (June, 1989).
[Available from Military Law Task Force, 1168 Union St., Suite 201, San Diego, CA 92101; 619-233-1701]
National Lawyers Guild Military Law Task Force, "The Military and AIDS," 9 On Watch No. 1 (April
1986) (Detailed treatment of issues raised by military screening for HIV infection).
Note, "The Constitution, the White House, and the Military HIV Ban: A New Threshold for Presidential
Non-Defense of Statutes," 30 University of Michigan Journal of Law Reform 591 (Spring 1997)
(Chrysanthe Gussis).
Rivera, "The Military," AIDS and the Law: A Guide for the Public, ch.16 (Yale Univ. Press, 1987).
Pediatric, Childhood and Teen AIDS
Adams, William, "The Dilemma for Minors Seeking HIV-Testing and Treatment," 27 John Marshall Law
Review 493 (Winter 1994).
Almond and Ulanowsky, "HIV and Pregnancy," 20 Hastings Center Report No. 2, 16 (March/April 1990).
Andres, Paula L., "Sticking It to the Fourth Amendment: Failure of Missouri's HIV Testing Law for
Juvenile Sex Offenders," 63 UMKC Law Review 455 (Spring 1995).
Arnold, Phyllis, "Betwixt and Between: Adolescents and HIV," in AIDS Agenda (New Press, 1992).
Association of the Bar of the City of New York, "Comment on Maternal Pediatric HIV Prevention and
Care Program," 51 The Record of the Association of the Bar of the City of New York 826 (December
1996) (comment on NY State regulations concerning HIV testing of newborn infants).
Bopp & Gardner, "AIDS Babies, Crack Babies: Challenges to the Law," 7 Issues in Law & Medicine 3
(Summer 1991).
Chavkin, Weny, Deborah Elman, and Paul H. Wise, "Mandatory Testing of Pregnant Women and
Newborns: HIV, Drug Use, and Welfare Policy," 25 Fordham Urban Law Journal 749 (1997-98).
Cohen, Felissa L., and Wendy M. Nehring, "Foster Care of HIV-Positive Children in the United States,"
109 Public Health Reports 60 (January-February 1994).
Comment, "Disclosure of an Adoptee's HIV Status: A Return to Orphanages and Leper Colonies?", 13
John Marshall Journal of Computer and Information Law 343 (Winter 1995) (Charles Cheifec).
Comment, "Mandatory HIV Screening of Newborns: A Proposition Whose Time Has Not Yet Come," 45
American University Law Review 1185 (April 1996) (Suzanne M. Malloy).
Crawford, Colin, "Changing Positions and Entrenched Polemics: A Brief History of the Association to
Benefit Children's Views on Pediatric HIV Testing, Cousneling, and Care," 25 Fordham Urban Law
Journal 729 (1997-98).
Crossley, Mary A., "Of Diagnoses and Discrimination: Discriminatory Nontreatment of Infants with HIV
Infection," 93 Columbia Law Review 1581 (November 1993).
English, Abigail, "HIV Orphans: Protecting the Most Vulnerable," 60 Brooklyn Law Review 341 (1994)
(Book Review: Levine, ed., A Death in the Family: Orphans of the HIV Epidemic).
English, Abigail, "The HIV-AIDS Epidemic and the Child Welfare System: Protecting the Rights of
Infants, Young Children, and Adolescents," 77 Iowa Law Review 1509 (May 1992).
English, Abigail, "Prenatal Drug Exposure and Pediatric AIDS: New Issues for Children's Attorneys," 24
Clearinghouse Review 452 (1990).
Field, Martha A., "Pregnancy and AIDS," 52 Maryland Law Review 402 (1993).
Garfinkle & Goldsmith, "Child Welfare Agencies: Possible Bases of Liability for Placement of Children
With AIDS in Adoptive or Foster Homes," 10 Journal of Legal Medicine 143 (March 1989).
Gittler, Josephine, & Sharon Rennert, "HIV Infection Among Women and Children and
Antidiscrimination Laws: An Overview," 77 Iowa Law Review 1313 (May 1992).
Hernandez, John F., "Perinatal Tranmission of HIV," 27 John Marshall Law Review 393 (Winter 1994).
Horowitz & Davis, "Pediatric AIDS: Emerging Policies," 7 Children's Legal Rights Journal No. 3, 1-13
(1986).
Isaacman, Scott H., and Lisa A Miller, "Neonatal HIV Seroprevalence Studies: A Critique of National and
International Practices," 14 Journal of Legal Medicine 413 (September 1993).
Kearon, "Deinstitutionalization, Street Children, and the Coming AIDS Epidemic in the Adolescent
Population," 41 Juvenile & Family Court Journal 9 (1990).
Lanier and McCarthy, "AIDS Awareness and the Impact of AIDS Education in Juvenile Corrections," 16
Criminal Justice and Behavior 395 (December 1989).
Levesque, Roger J.R., "The Peculiar Place of Adolescents in the HIV-AIDS Epidemic: Unusual Progress &
Usual Inadequacies in `Adolescent Jurisprudence'," 27 Loyola University Chicago Law Journal 237 (Winter
1996).
Madison, Melinda, "Tragic Life or Tragic Death: Mandatory Testing of Newborns for HIV--Mothers'
Rights Versus Children's Health," 18 Journal of Legal Medicine 361 (September 1997).
Martin, "HIV/AIDS and Adolescents: Implications for School Policies," 20 Journal of Law & Education
325 (Summer 1991).
Mayersohn, Nettie, "The `Baby AIDS' Bill," 25 Fordham Urban Law Journal 721 (1997-98).
McNutt, Briar, "The Under-Enrollment of HIV-Infected Foster Children in Clinical Trials and Protocols
and the Need for Corrective State Action," 20 American Journal of Law & Medicine 231 (1994).
Naber, John M., and David R. Johnson, "Mandatory HIV Testing Issues in State Newborn Screening
Programs," 7 Journal of Law and Health 55 (1992-93).
Note, "Balancing Risks and Rights: HIV Testing Regimes for Pregnant Women," 4 Cornell Journal of Law
& Public Policy 609 (Spring 1995) (Karen L. Goldstein).
Note, "Disclosure of an Adoptee's HIV Status: A Return to Orphanages and Leper Colonies?," 13 John
Marshall Journal of Computer & Information Law 343 (Winter 1995) (Charles Chejfec)
Note, "Newborn HIV Screening and New York Assembly Bill No. 6747-B: Privacy and Equal Protection of
Pregnant Women," 21 Fordham Urban Law Journal 857 (Spring 1994) (Kevin J. Curnin).
Note, "New York State's Proposal to Unblind HIV Testing for Newborns: A Necessary Step in Addressing
a Critical Problem," 60 Brooklyn Law Review 407 (1994) (Leonardo Renna).
Note, "Prenatal HIV Testing Under Ohio Revised Code Section 3701.242: The Doctors' Dilemma and the
State's Shame," 22 University of Dayton Law Review 301 (Winter 1997).
Note, "The Constitutional Right of Informational Privacy: Does It Protect Children Suffering From
AIDS?", 14 Fordham Urban Law Journal 927 (1986).
Note, "The Criminalization of Perinatal AIDS Transmission," 3 Health Matrix Journal of Law-Medicine
495 (Summer 1993) (Heather Sprintz).
Oleski, "AIDS in Our Children -- Who Cares for Them?", 5 Issues in Law & Medicine 437 (Spring 1990).
Post, Linda Farber, "Bioethical Consideration of Maternal-Fetal Issues," 25 Fordham Urban Law Journal
757 (1997-98)(Symposium on Mandatory Testing of Pregnant Women).
Preble, "Women, Children and AIDS in Africa: An Impending Disaster," 23 New York University Journal
of International Law & Politics 959 (Summer 1991).
Quinn, "The Children's Corner: Kids and AIDS," 12 American Academy of Psychiatry & Law Newsletter
No. 1, 14 (April 1987).
Rotheram-Borus, Koopman & Ehrhardt, "Homeless Youths and HIV Infection," 46 American Psychologist
1188 (November 1991).
Shelton, Deborah L., "AIDS Orphans: The Forgotten Victims," 22 Human Rights (ABA) No. 4, 18 (Fall
1995).
Steinhauer, Esther H., "Regulatory Compliance as a Defense for Manufacturers of Vaccines Against
Pediatric AIDS," 15 Journal of Products & Toxics Liability 329 (1993).
Sternlight, Jean R., "Mandatory Non-Anonymous Testing of Newborns for HIV," 27 John Marshall Law
Review 373 (Winter 1994).
Symposium: HIV Infection Among Women of Reproductive Age, Children, and Adolescents, 77 Iowa Law
Review No. 4 (May 1992).
Weimer, "Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking for HIV-
Positive Children in Foster Care," 46 University of Miami Law Review 379 (November 1991).
Public Accommodations
Wojcik, Mark E., "AIDS and Funeral Homes: Common Legal Issues Facing Funeral Directors," 27 John
Marshall Law Review 411 (Winter 1994).
Public Benefits
Adams, "Financial Problems Inherent in the Admission of AIDS Patients Into Long Term Care Facilities,"
10 Journal of Legal Medicine 89 (March 1989).
Bovbjerg, Randall R., "AIDS and Insurance: How Private Health Coverage Relates to HIV/AIDS Infection
and to Public Programs," 77 Iowa Law Review 1561 (May 1992).
Bye & Riley, "Eliminating the Medicare Waiting Period for Social Security Disabled-Worker Beneficiaries,"
52 Social Security Bulletin No. 5, 2 (May 1989).
Case Study, "Who Pays for AZT?", 19 Hastings Center Report No. 5, at 30 (Sep/Oct 1989).
English, Abigail, "The HIV-AIDS Epidemic and the Child Welfare System: Protecting the Rights of
Infants, Young Children, and Adolescents," 77 Iowa Law Review 1509 (May 1992).
Fox, "Financing Health Care for Persons with HIV Infection: Guidelines for State Action," 16 American
Journal of Law & Medicine 223 (1990).
Greely, "AIDS and the American Health Care Financing System," 51 University of Pittsburgh Law Review
73 (Fall 1989).
Hawkins, "Representing Ill Clients," ch.13, Sexual Orientation and the Law (Achtenberg, ed.)(Clark
Boardman, Supp. 1987).
Shacknai, Daniel, "Wealth=Health: The Public Financing of AIDS Care," in AIDS Agenda (New Press,
1992).
Schiller, "AIDS Patients and Public Benefits," 20 Maryland Bar Journal No. 6, 10 June 1987).
Swidler, Robert N., "Special Needs Plans: Adapting Medicaid Managed Care for Persons with Serious
Mental Illness or HIV/AIDS," 61 Albany Law Review 1113 (1998).
Public Health Measures (Including Testing & Education)
[Note: This catch-all category covers testing issues, isolation and quarantine, contact tracing, and public
education.]
Ahitov, Avner, V. Joseph Holz & Thomas Philipson, "The Responsiveness of the Demand for Condoms to
the Local Prevalence of AIDS," 31 Journal of Human Resources 869 (Fall 1996).
"AIDS and Privacy," 12 Transnational Data & Communications Report No. 4, 9 (News report on Canadian
Privacy Commissioner Grace's Report on impact of Canadian Federal Privacy Act on HIV Testing by
Governmental Bodies).
"AIDS Related Health Legislation," 14 Commonwealth Law Bulletin 879 (April 1988).
Aiken, "Education as Prevention," AIDS and the Law: A Guide for the Public, ch.7 (Yale Univ. Press,
1987).
Andrias, Richart T., and Robert E. Stein, "Sterile Syringes and Needle Exchange Programs: On the
Frontline in the Battle to Stop the Spread of HIV," 24 Human Rights No. 3, 8 (Summer 1997).
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 Association
809 (November 1986).
Banks, Taunya L., Review of "Report of the Presidential Commission on the Human Immunodeficiency
Virus Epidemic," 87 Michigan Law Review 1321 (May 1989).
Banks, Taunya L. & McFadden, "Rush to Judgment: HIV Test Reliability and Screening," 23 Tulsa Law
Journal 1 (Fall 1987).
Barnes, Mark, "AIDS and Mr. Korematsu: Minorities At Times of Crisis," 7 St. Louis Univ. Public Law
Review 35 (1988).
Bathen, Sigrid, "The Needles and the Damage Done," 15 California Lawyer No. 3, 21 (March 1995) (report
on status of needle exchange programs in California cities).
Bayer, Ronald, "AIDS Prevention vs. Cultural Sensitivity," 6 The Responsive Community No. 1, 20 (Winter
1995/96).
Bayer, Ronald, "Preventing AIDS," 17 Law, Medicine & Health Care 182 (Summer 1989)(Book Review
Essay).
Bayer, Ronald, Private Acts, Social Consequences: AIDS and the Politics of Public Health (Free Press,
1989).
Bayer, Ronald, "Rethinking Aspects of AIDS Policy," 11 Journal of Contemporary Health Law & Policy
457 (Spring 1995).
Bayer, Ronald, Nancy Neveloff Dubler, and Lawrence O. Gostin (eds.), Symposium: The Dual Epidemics
of Tuberculosis and AIDS, 21 Journal of Law, Medicine & Ethics Nos. 3-4 (Fall-Winter 1993) (16 brief
articles, not separately listed).
Bayer, Ronald, Lawrence O. Gostin, and Deven C. McGraw, "Trades, AIDS, and the Public's Health: The
Limits of Economic Analysis (Review of Private Choices and Public Health: The AIDS Epidemic in an
Economic Perspective, by Tomas J. Philipson & Richard A. Posner)," 83 Georgetown Law Journal 79
(November 1994).
Bayer, Ronald & David Kirp, eds., AIDS in the Industrialized Democracies: Passons, Politics and Policies
(1993).
Bayer, Ronald & Carole Levine, "HIV Antibody Screening: An Ethical Framework for Evaluating
Proposed Programs," 256 Journal of the American Medical Association 1768 (October 3, 1986).
Beauchamp, "Morality and the Health of the Body Politic," 16 Hastings Center Report No. 6, Special
Supplement 30 (December 1986).
Bennett, William J., "AIDS: Education and Public Policy," 7 St. Louis Univ. Public Law Review 1 (1988).
Berg, Paula, "When the Hazard Is Human: Irrationality, Inequity, and Unintended Consequences in
Federal Regulation of Contagion," 75 Washington University Law Quarterly 1367 (Winter 1997).
Bergman, "AIDS, Prostitution, and the Use of Historical Stereotypes to Legislate Sexuality," 21 John
Marshall Law Review 777 (Summer 1988).
Bernard & Rubenfeld, "Antibody Testing," ch.14, Sexual Orientation and the Law (Achtenberg, ed.)(Clark
Boardman, Supp. 1987).
Bernstein, Bobbi, "Solving the Physician's Dilemma: An HIV Partner-Notification Plan," 6 Stanford Law &
Policy Review No. 2, 127 (1995).
Book Note, "Toward a National Policy on Drug and AIDS Testing," 3 Harvard Journal of Law &
Technology 259 (Spring 1990).
Book Review, "Price: Shattered Mirrors: Our Search for Identity and Community in the AIDS Era," 88
Michigan Law Review 1765 (May 1990).
Boyle, "AIDS Education and Parental Rights," 7 St. Louis Univ. Public Law Review 45 (1988).
Braden, "AIDS: Dealing With the Plague," 19 Northern Kentucky Law Review 277 (Winter 1992).
Bradshaw, "International AIDS Prevention and Control: Overcoming the Obstacles," 23 New York
University Journal of International Law & Politics 1031 (Summer 1991).
Brandt, No Magic Bullet: A Social History of Venereal Disease in the United States Since 1880 (Oxford
Univ. Press, expanded edition, 1987)(especially Ch. VI: "Plagues and Peoples": The AIDS Epidemic").
Brennan, "Occupational Transmission of HIV: An Ethical and Legal Challenge," in Gostin (ed.), AIDS
and the Health Care System (Yale Univ. Press, 1990).
Brigham, John, "Sexual Entitlement: Rights and AIDS, The Early Years," 16 Law & Policy 249 (July 1994).
Brown, "AIDS: The Public Policy Imperative," 7 St. Louis Univ. Public Law Review 11 (1988).
Burris, Scott, "Education to Reduce the Spread of HIV," AIDS Law Today: A New Guide for the Public,
ch. 6 (Yale Univ. Press, 1993).
Burris, Scott, "Fear Itself: AIDS, Herpes and Public Health Decisions," 3 Yale Law & Policy Review 479
(1985) (Review of public health law responses to infectious disease epidemics).
Burris, Scott, "HIV Education and the Law: A Critical Review," 20 Law, Medicine & Health Care 377
(Winter 1992).
Burris, Scott, "Law and the Social Risk of Health Care: Lessons From HIV Testing," 61 Albany Law
Review 831 (1998).
Burris, Scott, "Rationality Review and the Politics of Public Health," 34 Villanova Law Review 933 (1989).
Burris, Scott, "Testing, Disclosure, and the Right to Privacy," AIDS Law Today: A New Guide for the
Public, ch. 7 (Yale Univ. Press, 1993).
Buss, William G., "Human Immunodeficiency Virus, the Legal Meaning of `Handicap,' and Implications for
Public Education Under Federal Law at the Dawn of the Age of the ADA," 77 Iowa Law Review 1389
(May 1992).
Campbell, "Mandatory AIDS Testing and Privacy: A Psycholegal Perspective," 66 North Dakota Law
Review 449 (1990).
Case Comment, "Constitutional Law -- Public School Condom Distribution Withstands Parental Privacy
and Freedom of Religion Challenge -- Curtis v. School Comm. of Falmouth," 30 Suffolk University Law
Review 1227 (Winter 1997) (Susan M. Sherman).
Casenote, "Competing Rights and Policies in Mandatory Testing for HIV: People v. Doe," 24 American
Journal of Criminal Law 617 (Summer 1997) (Brenda E. Perez).
Casenote, "Discrimination or Protection of the Public: An Examination of Estate of Behringer v. Medical
Center at Princeton," 14 George Mason University Law Review 469 (Winter 1991).
Chambers, David L., "Gay Men, AIDS, and the Code of the Condom," 29 Harvard Civil Rights - Civil
Liberties Law Review 353 (Summer 1994).
Chaski, Bagby, Northup and Harmon, "The Missouri AIDS Law: A Public Health Perspective," 53
Missouri Law Review 645 (Fall 1988).
Check, "Public Education on AIDS: Not Only the Media's Responsibility," 15 Hastings Center Report No.
4, Special Supplement 27 (August 1985).
Childress, "Contact Tracing: A Liberal-Communitarian Approach," 1 The Responsive Community No. 1, 69
(Winter 1990/91).
Clark, "AIDS Prevention: Legislative Options," 16 American Journal of Law & Medicine 107 (1990).
Cleary, Barry, Mayer, Brandt, Gostin & Fineberg, "Compulsory Premarital Screening for the Human
Immunodeficiency Virus: Technical and Public Health Considerations," 258 Journal of the American
Medical Association 1757 (Oct. 2, 1987).
Cleary, "Education and the Prevention of AIDS," 16 Law, Medicine & Health Care 267 (Fall/Winter 1988).
Closen, Michael, Connor & Kaufman & Wojcik, "AIDS: Testing Democracy --Irrational Responses to the
Public Health Crisis and the Need for Privacy in Serologic Testing," 19 John Marshall Law Review 835
(Summer 1986).
Closen, Michael & Scott Isaacman, "Notifying Private Third Parties At Risk for HIV Infection," 25 Trial
No. 5, 50 (May 1989).
Closen, Michael & Scott Isaacman, "HIV-AIDS and Governmental Control of Information: International
Denial of Human Rights," 4 St. Thomas Law Review 107 (Spring 1992).
Closen, Michael, Robert Gamrath & Dem Hopkins, "Mandatory Premarital HIV Testing: Political
Exploitation of the AIDS Epidemic," 69 Tulane Law Review 71 (Nov. 1994).
Cole, David, "Beyond Unconstitutional Conditions: Charting Spheres of Neutrality in Government-Funded
Speech," 67 New York University Law Review 675 (October 1992) (includes restrictions on AIDS
education funded by federal government).
Collier, "Preventing the Spread of AIDS by Restricting Sexual Conduct in Gay Bathhouses: A
Constitutional Analysis," 15 Golden Gate Univ. Law Review 301 (summer 1985) (Criticism of San
Francisco bathhouse closure case from a constitutional perspective).
Comment, "AIDS: Balancing the Physician's Duty to Warn and Confidentiality Concerns," 38 Emory Law
Journal 279 (Winter 1989).
Comment, "An Ounce of Prevention Where There Is No Cure: AIDS and Public Health in Wyoming," 27
University of Wyoming College of Law Land & Water Law Review 471 (1992) (Sylvia Jung Earnshaw).
Comment, "Cautious Defense: Should I Be Afraid to Guard You? (Mandatory AIDS Testing in
Professional Team Sports)," 5 Marquette Sports Law Journal 279 (Spring 1995) (Paul M. Anderson).
Comment, "Doctor-Patient Confidentiality Versus Duty to Warn in the Context of AIDS Patients and
Their Partners," 47 Maryland Law Review 675 (Spring 1988).
Comment, "Compulsory Testing of Individuals Who Assault Public Safety Officers: Protecting the Police or
the Fourth Amendment?", 38 Wayne Law Review 461 (Fall 1991).
Comment, "Condom Availability Programs Belong in the Schools, Not in the Courts," 1996 Wisconsin Law
Review 1285 (Dede Hill).
Comment, "Educating Through the Law: The Los Angeles AIDS Discrimination Ordinance," 33 UCLA
Law Review 1410 (June 1986).
Comment, "HIV: Reasons to Apply Traditional Methods of Disease Control to the Spread of HIV," 29
Houston Law Review 891 (Winter 1992) (Sylvia Mayer Baker).
Comment, "Home HIV Testing and Conflicts with State HIV Testing Regulations," 21 American Journal
of Law & Medicine 419 (1995) (William O. Fabbri).
Comment, "Individual Privacy Interests and the `Special Needs' Analysis for Involuntary Drug and HIV
Tests," 86 California Law Review 119 (January 1998)(Sean Anderson).
Comment, "Kids and Condoms: Constitutional Challenges to the Distribution of Condoms in Public
Schools," 61 University of Cincinnati Law Review 1479 (1993) (Karl J. Sanders).
Comment, "Kids and Condoms: Parental Involvement in School Condom-Distribution Programs," 63
University of Chicago Law Review 727 (Spring 1996) (Miranda Perry).
Comment, "A Legal Guide for the Education of Legislators Facing the Inevitable Question: AIDS: The
Problem Is Real -- What Do We Do?", 13 Journal of Contemporary Law 121 (1987).
Comment, "No Longer the Last to Know: A Proposal for Mandatory Notification of Spouses of HIV
Infected Individuals," 29 Houston Law Review 991 (Winter 1992).
Comment, "Nonconsensual HIV Testing in the Health Care Setting: The Case for Extending the
Occupational Protections of California Proposition 96 to Health Care Workers," 26 Loyola of Los Angeles
Law Review 1251 (June 1993).
Comment, "Protecting Confidentiality in the Effort to Control AIDS," 24 Harvard Journal on Legislation
315 (Winter 1987).
Comment, "Protecting the Public from AIDS: A New Challenge to Traditional Forms of Epidemic
Control," 2 Journal of Contemporary Health Law & Policy 191 (Spring 1986) (Discussion of ways in which
AIDS differs from historical epidemics, raising new public health law issues).
Comment, "Public Health: Private Rights and Public Health: Oklahoma AIDS Legislation and Guidelines
for Policy," 45 Oklahoma Law Review 549 (Fall 1992).
Comment, "Quarantine: An Unreasonable Solution to the AIDS Dilemma," 55 Cincinnati Law Review 217
(1986).
Comment, "The Condom Controversy in the Public Schools: Respecting a Minor's Right to Privacy," 145
University of Pennsylvania Law Review 149 (November 1996) (Pilar S. Ramos).
Comment, "The Constitutional Implications of Mandatory Testing for Acquired Immunodeficiency
Syndrome -- AIDS," 37 Emory Law Journal 217 (Winter 1988).
Comment, "The Constitutional Issues Presented by the Communications Decency Act's Application to
HIV/AIDS Information on the Internet," 8 Albany Law Journal of Science & Technology 195 (1997).
Comment, "Ware v. Valley Stream High School District: At What Expense Should Religious Freedoms be
Preserved?", 64 St. John's Law Review 347 (Winter 1990).
Cotton, David, Donna Higgins, Bobbie Person, and William Darrow, "CDC Behavioral Interventions," 49
American Psychologist 1090 (Dec. 1994).
Craven, B.M., G.T. Stewart, and M. Khan, "AIDS: Safety, Regulation and the Law in Procedures Using
Blood and Blood Products," 37 Medicine, Science and the Law 215 (July 1997).
Curran, Charles, Clark & Gostin, "AIDS: Legal and Policy Implications of the Application of Traditional
Disease Control Measures," 15 Law, Medicine & Health Care Nos. 1-2, 27 (Summer 1987).
Curran, Charles, Gostin & Clark, AIDS: Legal and Regulatory Policy (Harvard School of Public Health,
Department of Health Policy Management Report, 1986).
Dannemeyer, William, & Franc, "The Failure of AIDS-Prevention Education," 96 The Public Interest 47
(Summer 1989).
Dejowski, "Federal Restrictions on AIDS Prevention Efforts for Gay Men," 8 St. L. U. Pub. L. Rev. 275
(1989).
Duncan, "Commentary: Public Policy and the AIDS Epidemic," 2 Journal of Contemporary Health Law &
Policy 169 (Spring 1989) (Proposal for mass testing and counseling as a means of containing spread of the
epidemic).
Dunn & Serio, "Confidentiality: An Integral Component of AIDS Public Policy," 7 St. Louis Univ. Public
Law Review 25 (1988).
Dwyer, John M., "Legislating AIDS Away: The Limited Role of Legal Persuasion in Minimizing the Spread
of Human Immunodeficiency Virus," 9 Journal of Contemporary Health Law and Policy 167 (Spring 1993).
Eldridge, "Formulating AIDS Policy," 9 Journal of Legal Medicine 519 (December 1988).
Eskridge, William N., Jr., and Brian D. Weimer, "The Economics Epidemic in an AIDS Perspective: Private
Choices and Public Health: The AIDS Epidemic in an Economic Perspective by Thomas J. Philipson &
Richard A. Posner," 61 University of Chicago Law Review 733 (Spring 1994).
Feitshans, Ilise Levy, Review of Bayer & Kirp (see above) and Jonsen & Stryker (see below), 15 Michigan
Journal of International Law 807 (Spring 1994).
Fernandez, Damian J., Review of Sexual Politics in Cuba: Machismo, Homosexuality, and AIDS, by Marvin
Leiner, 20 Journal of Health Politics, Policy and Law 233 (Spring 1995).
Fernandez, Hermes, "Is AIDS Different?", 61 Albany Law Review 1053 (1998).
Field, Martha, "Testing for AIDS: Uses and Abuses," 16 American Journal of Law & Medicine 33 (1990).
Fineberg, "Screening for HIV Infection and Public Health Policy," 18 Law, Medicine & Health Care 29
(Spring-Summer 1990).
Flannery, Michael T., and Raymond C. O'Brien, "Mandatory HIV Testing of Professional Boxers: An
Unconstitutional Effort to Regulate A Sport That Needs to Be Regulated," 31 U.C. Davis Law Review 409
(Winter 1998).
Ford & Quam, "AIDS Quarantine: The Legal and Practical Implications," 8 Journal of Legal Medicine 353
(September 1987).
Gaynor, "Executive Action Against AIDS: A Proposal for Federal Regulation Under Existing Law," 49
Ohio State Law Journal 999 (1989).
Grad, "Communicable Disease and Mental Health: Restrictions of the Person," 12 American Journal of
Law & Medicine 381 (1986).
Gostin, Lawrence O., "The Americans With Disabilities Act and the Corpus of Anti-Discrimination Law: A
Force for Change in the Future of Public Health Regulation," 3 Health Matrix Journal of Law-Medicine 89
(1993).
Gostin, Lawrence O., "The Future of Public Health Law," 12 American Journal of Law & Medicine 461
(1986).
Gostin, Lawrence O., "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties,"
49 Ohio State Law Journal 1017 (1989).
Gostin, Lawrence O., "The Resurgent Tuberculosis Epidemic in the Era of AIDS: Reflections on Public
Health, Law, and Society," 54 Maryland Law Review 1 (1995).
Gostin, Lawrence O., "Traditional Public Health Policies," AIDS and the Law: A Guide for the Public, ch.
4 (Yale Univ. Press, 1987).
Gostin, Lawrence O., "Traditional Public Health Strategies," AIDS Law Today: A New Guide for the
Public, ch. 5 (Yale Univ. Press, 1993).
Gostin, Lawrence O., and Charles Curran, "The Limits of Compulsion in Controlling AIDS," 16 Hastings
Center Report No. 6, Special Supplement 24 (December 1986).
Gostin, Lawrence O., and Charles Curran, "Symposium: AIDS Science and Epidemiology," 14 Law,
Medicine & Health Care Nos. 5-6 (December 1986).
Gostin, Lawrence O., Charles Curran & Clark, "The Case Against Compulsory Casefinding in Controlling
AIDS -- Testing, Screening and Reporting," 12 American Journal of Law & Medicine 7 (1987).
Gostin, Lawrence O., and James G. Hodge, Jr., "The `Names Debate': The Case for National HIV
Reporting in the United States," 61 Albany Law Review 679 (1998).
Gostin, Lawrence O., and Zita Lazzarini, "Prevention of HIV/AIDS Among Injection Drug Users: The
Theory and Science of Public Health and Criminal Justice Approaches to Disease Prevention," 46 Emory
Law Journal 587 (Spring 1997).
Gostin, Lawrence O., & Ziegler, "A Review of AIDS-Related Legislative and Regulatory Policy in the
United States," 15 Law, Medicine & Health Care Nos. 1-2, 5 (Summer 1987).
Gottfried, Richard N., "Lessons from Chautauqua County," 61 Albany Law Review 1079 (1998) (fallout
from NuShawn Williams case).
Gregory, "AIDS -- The Leprosy of the 1980s: Is There a Case for Quarantine?", 9 Journal of Legal
Medicine 547 (December 1988).
Gunderson, Mayo & Rhame, AIDS: Testing and Privacy (University of Utah Press, Salt Lake City, 1989).
Hansell, "HIV and the Need for a Voluntarist Approach," 19 Fordham Urban Law Journal 649 (1992).
Harris, John, and Soren Holm, "If Only AIDS Were Different!," 23 Hastings Center Report No. 6, 6
(November-December 1993) (comparative treatment of public health strategies in different countries).
Hartgers, C., & E.J.C. van Ameijden, J.A.R. van den Hoek, R.A. Coutinho, "Needle Sharing and
Participation in the Amsterdam Syringe Exchange Program Among HIV-Seronegative Injecting Drug
Users," 107 Public Health Reports 675 (Nov.-Dec. 1992).
Hermann & Gagliano, "AIDS, Therapeutic Confidentiality, and Warning Third Parties," 48 Maryland Law
Review 55 (1989).
Hollowell & Eldridge, "Constitutional Law: Subsistence, Equal Opportunity, and the Individual Diagnosed
with HIV," 9 Journal of Legal Medicine 561 (December 1988).
Holtgrave, David R., et al., "An Overview of the Effectiveness and Efficiency of HIV Prevention
Programs," 110 Public Health Reports 134 (March-April 1995).
Holtgrave, David R., "Cost Analysis and HIV Prevention Interventions," 49 American Psychologist 1088
(Dec. 1994).
Howard, "HIV Screening: Scientific, Ethical and Legal Issues," 9 Journal of Legal Medicine 601 (December
1988).
Howell, "The Public Health System's Response," New Jersey Lawyer No. 126, 47 (January/February 1989).
Hummel (ed.), AIDS, Impact on Public Policy: An International Forum (1986).
Isaacman, Scott H., "Neonatal HIV Testing: Governmental Inspection of the Baby Factory," 24 John
Marshall Law Review 571 (Spring 1991).
Isaacman, Scott H., and Lisa A Miller, "Neonatal HIV Seroprevalence Studies: A Critique of National and
International Practices," 14 Journal of Legal Medicine 413 (September 1993).
Janus, "AIDS and the Law: Setting and Evaluating Threshold Standards for Coercive Public Health
Intervention," 14 William Mitchell Law Review 503 (Summer 1988).
Jayasuriya, AIDS: Public Health and Legal Dimensions (Kluwer 1988).
Jayasuriya, "AIDS-Related Legislation in the Context of the Third AIDS Pandemic," 18 Law, Medicine &
Health Care 41 (Spring-Summer 1990).
Jonsen & Stryker (eds.), The Social Impact of AIDS in the United States (1993).
Joseph, "Can the Bill of Rights Survive AIDS?," 16 Human Rights No. 3, at 15 (Winter 1989/1990).
Kamisar, "Drugs, AIDS and the Threat to Privacy," New York Times Magazine, September 13, 1987, p.
109. (4th Amendment issues presented by use of HIV Antibody Tests as a public health measure).
Kamisar, "The Fourth Amendment in an Age of Drug and AIDS Testing," 32 Law Quadrangle Notes
(Univ. of Michigan Law School), No. 1, 40 (Fall 1987).
Kaye, "The Validity of Tests: Caveant Omnes," 27 Jurimetrics Journal 349 (Summer 1987).
Kirby, Michael, "AIDS Legislation--Turning Up the Heat?" 60 Australian Law Journal 324 (June 1986)
(Discussion of public health responses to AIDS compared to prior epidemics in Australia).
Kirp, David, "The AIDS Perplex," 96 The Public Interest 61 (Summer 1989).
Kohorn, Jay, "Petition for Extraordinary Relief: If the LaRouche AIDS Initiative Had Passed in
California," 15 N.Y.U. Review of Law & Social Change 477 (1986-87).
Konigsberg & Barerra, "Local Public Health Perspectives on the Acquired Immune Deficiency Syndrome
(AIDS) Epidemic," 12 Nova Law Review 1141 (Spring 1988).
Lanier and McCarthy, "AIDS Awareness and the Impact of AIDS Education in Juvenile Corrections," 16
Criminal Justice and Behavior 395 (December 1989).
Levine, Carol, "Contact Tracing for HIV Infection: A Plea for Privacy," 20 Columbia Human Rights Law
Review 157 (Fall 1988).
Levine, Carol, Review of AIDS Prevention and Services: Community-Based Research, edited by Johannes
P. Van Vugt, 20 Journal of Health Politics, Policy and Law 230 (Spring 1995).
Lewin, "Rights of Citizens and Society Raise Legal Muddle on AIDS," New York Times, October 14, 1987,
p.1, col.1. (Report on the Quarantine Debate).
Loue, Sana, Peter Lurie, and Linda S. Lloyd, "Ethical Issues Raised by Needle Exchange Programs," 23
Journal of Law, Medicine & Ethics 382 (Winter 1995).
Lynch, "Medical Exclusion and Admissions Policy: Statutes and Strictures," 23 New York University
Journal of International Law & Politics 1001 (Summer 1991).
Macklin, "Predicting Dangerousness and the Public Health Response to AIDS," 16 Hastings Center Report
No. 6, Special Supplement 16 (December 1986).
Mann, Jonathan, Dam & Kay, "Global Coordination of National Public Health Strategies," 18 Law,
Medicine & Health Care 20 (Spring-Summer 1990).
Mann, Jonathan, "Medicine and Public Health, Ethics and Human Rights," 27 Hastings Center Report No.
3, 6 (May-June 1997).
Mann, Jonathan, and Daniel Tarantola, "Responding to HIV/AIDS: A Historical Perspective," 2 Health
and Human Rights No. 4, 5 (1998).
Margolis, "Outreach and Counseling Efforts for High Risk Partners of HIV Infected Individuals," 10
Journal of Legal Medicine 59 (March 1989).
Matthews and Neslund, "The Initial Impact of AIDS on Public Health Law in the United States - 1986,"
257 Journal of the American Medical Association 344 (1987).
Mayfield, Eleanor, "Protecting Patients and Professionals from Blood-Borne Disease," 27 FDA Consumer
No. 3, 9 (April 1993).
McGuirl & Gee, "AIDS: An Overview of the British, Australian and American Responses," 14 Hofstra
Law Review 107 (1985).
McNeil & Spieler, "Mandatory Testing of Hospital Employees Exposed to the AIDS Virus: Need to Know
or Unwarranted Invasion of Privacy?", 21 Loyola University Law Journal 1039 (Summer 1990).
Merritt, Nancy, "Communicable Disease and Constitutional Law: Controlling AIDS," 61 New York
University Law Review 739 (1986).
Merritt, Nancy, "The Constitutional Balance Between Health and Liberty," 16 Hastings Center Report No.
6, Special Supplement 2 (December 1986).
Mohr, Richard, "AIDS, Gay Life, State Coercion," 6 Raritan 38 (1986); revised, 1 Bioethics 35 (January
1987).
Mohr, Richard, "AIDS: What to Do--And What Not to Do," 5 Philosophy & Public Policy (Univ. of
Maryland) No. 4, 6 (Fall 1985) (Philosophical argument on appropriate governmental response to AIDS
epidemic).
Mohr, Richard, "Policy, Ritual, Purity: Gays and Mandatory AIDS Testing," 15 Law, Medicine & Health
Care 178 (Winter 1987/88).
Moran, "HIV, AIDS and Human Rights," 12 Liverpool Law Review 3 (1990)(English perspective on AIDS
human rights issues).
Needle, Richard H., Barry S. Brown, Susan L. Coyte, and Gloria Weissman, "NIDA's HIV Prevention
Programs," 49 American Psychologist 1089 (Dec. 1994).
Neslund, Matthews & Curran, "The Role of CDC in the Development of AIDS Recommendations and
Guidelines," 15 Law, Medicine & Health Care Nos. 1-2, 73 (Summer 1987).
Nissenbaum, "Employers' and Physicians' Duties to Tell Third Parties," New Jersey Lawyer No. 126, 44
(January/February 1989).
Note, "AIDS: A Crisis in Confidentiality," 62 Southern California Law Review 1701 (September 1989).
Note, "AIDS: Establishing a Physician's Duty to Warn," 21 Rutgers Law Journal 645 (Spring 1990).
Note, "AIDS Quarantine in England and the United States," 10 Hastings International and Comparative
Law Review 113 (Fall 1986).
Note, "Between a Rock and a Hard Place: AIDS and the Conflicting Physician's Duties of Preventing
Disease Transmission and Safeguarding Confidentiality," 76 Georgetown Law Journal 169 (October 1987).
Note, "Characterization and Disease: Homosexuals and the Threat of AIDS," 66 North Carolina Law
Review 226 (November 1987).
Note, "Containing the AIDS Virus ... Testing ... Reporting ... Confidentiality ... Quarantine ... Constitutional
Considerations," 37 Cleveland State Law Review 369 (1989).
Note, "Controlling Expression: The Stagnant Policy of the Centers for Disease Control in the Second
Decade of AIDS," 13 Cardozo Arts & Entertainment Law Journal 595 (1995).
Note, "Controlling the Epidemic: The Texas AIDS Reporting Statute," 41 Baylor Law Review 399 (Spring
1989).
Note, "Could California Reduce AIDS by Modeling Nevada Prostitution Law?", 2 San Diego Justice
Journal 491 (Summer 1994) (James R. Stout and Thomas S. Tanana, Esq.).
Note, "In Search of a Balance: AIDS, Rape, and the Special Needs Doctrine," 66 New York University
Law Review 1881 (Dec. 1991) (Lisa Simotas).
Note, "Is HIV `Extraordinary'?", 96 Michigan Law Review 1095 (February 1998) (Jordan B. Hansell).
Note, "Is Mandatory HIV Testing of Professional Athletes Really the Solution?", 4 Health Matrix: Journal
of Law-Medicine 159 (Spring 1994) (Jennifer L. Johnston).
Note, "Mandatory AIDS Testing: The Slow Death of Fourth Amendment Protection?," 20 Pacific Law
Journal 1413 (1989).
Note, "Mandatory HIV Testing: An Orwellian Proposition," 72 St. John's Law Review 103 (Winter 1998)
(Kellie E. Lagitch).
Note, "Mandatory Testing of Health-Care Workers for AIDS: When Positive Results Lead to Negative
Consequences," 37 New York Law School Law Review 339 (1992) (Christine Huebner).
Note, "Mandatory Testing of Public Employees for the Human Immunodeficiency Virus: The Fourth
Amendment and Medical Reasonableness," 90 Columbia Law Review 720 (April 1990).
Note, "Physicians With AIDS and Their Duty to Patients," 43 Florida Law Review 561 (July 1991).
Note, "Preserving the Public Health: A Proposal to Quarantine Recalcitrant AIDS Carriers," 68 Boston
University Law Review 441 (March 1988).
Note, "Reportability of Exposure to the AIDS Virus: An Equal Protection Analysis," 7 Cardozo Law
Review 1103 (Summer 1986).
Note, "Recent Developments: Public Health and Employment Issues Generated by the AIDS Crisis," 25
Washburn Law Journal 505 (1986).
Note, "The New AIDS `Look Back' Statute: Contact Tracing in the Health Care Setting -- A Step in the
Wrong Direction," 25 John Marshall Law Review 769 (Summer 1992).
Note, "The Condom Crisis: An Application of Feminist Legal Theory to AIDS Prevention in African
Women," 3 Indiana Journal of Global Legal Studies 413 (Spring 1996) (Anne N. Arbuckle).
Note, "The Constitutional Rights of AIDS Carriers," 99 Harvard Law Review 1274 (April 1986).
Note, "The Rehabilitation Act's Otherwise Qualified Requirement and the AIDS Virus: Protecting the
Public from AIDS-Related Health and Safety Hazards," 30 Arizona Law Review 571 (1988).
Note, "To Disclose or Not to Disclose the Presence of AIDS: Resolving the Confidentiality Concerns of
Patients, Physicians, and Third Parties," 23 Valparaiso University Law Review 341 (Winter 1989).
Note, "Who's Raising the Kids: The Exclusion of Parental Authority in Condom Distribution at Public
Schools," 30 Georgia Law Review 887 (Spring 1996) (Joseph W. Ozmer, II).
O'Brien, Book Review of Price, Shattered Mirrors: Our Search for Identity and Community in the AIDS
Era, 40 Journal of Legal Education 399 (September 1990).
O'Malley (ed.), The AIDS Epidemic: Private Rights and the Public Interest (1989).
Opperer, Joshua F., "Mandatory HIV Testing and Disclosure: A Legal, Ethical and Medical Perspective,"
51 Medical Trial Technique Quarterly 624 (1995).
Orland & Wise, "The AIDS Epidemic: A Constitutional Conundrum," 14 Hofstra Law Review 137 (1985).
Parmet, "AIDS and Quarantine: The Revival of an Archaic Doctrine," 14 Hofstra Law Review 53 (1985).
Parmet, "Legal Rights and Communicable Disease: AIDS, the Police Power, and Individual Liberty," 14
Journal of Health Politics, Policy and Law 741 (Winter 1989).
Parts, Mark, "Disease Prevention as Drug Policy: A Historical Perspective on the Case for Legal Access to
Sterile Syringes as a Means of Reducing Drug-Related Harm," 25 Fordham Urban Law Journal 475 (1997-
98).
Pauker, "HIV Screening: Nosocomial Epidemiological Risks and Decision Analysis," 18 Law, Medicine &
Health Care 33 (Spring-Summer 1990).
Peinkofer, James R., "HIV Education for the Deaf, A Vulnerable Minority," 109 Public Health Reports
390 (May-June 1994).
Perry & Markewitz, "Counseling for HIV Testing," 39 Hospital & Community Psychiatry 731 (July 1988).
Perry & Zonana, "Debate: Warning Third Parties at Risk of AIDS," 40 Hospital & Community Psychiatry
158 (Feb. 1989).
Peterson, "For Better or For Worse? Mandatory AIDS Testing for Marriage License Applicants," 38
Washington University Journal of Urban & Contemporary Law 159 (Fall 1990).
Philipson & Wood, AIDS, Testing, and Privacy: An Analysis of Case Histories (Available from AIDS Legal
Referral Panel, 1663 Mission St., Suite 400, San Francisco, CA 94103)(1987) (Case studies of failure to
keep HIV antibody test results confidential in violation of California law).
Philipson, Tomas J., and Richard A. Posner, Private Choices and Public Health: The AIDS Epidemic in an
Economic Perspective (1993).
Philipson, Tomas J., and Richard A. Posner, "Public Spending on AIDS Education: An Economic
Analysis," 37 Journal of Law & Economics 17 (April 1994) (adaptation of chapter from above book).
Pierce & VanDeVeer (eds.), AIDS: Ethics and Public Policy (1988).
Pomeranz, Sharon, "Condoms Overturned on Appeal: Teens Stripped of Their Rights," 4 American
University Journal of Gender & the Law 219 (Fall 1995).
Pratt, David, "Health Care Policy: What Lessons Have We Learned from the AIDS Pandemic?", 61 Albany
Law Review 671 (1998) (introduction to symposium).
Price, Shattered Mirrors: Our Search for Identity and Community in the AIDS Era (Harvard Univ. Press,
1990).
Rabin, "The AIDS Epidemic and Gay Bathhouses: A Constitutional Analysis," 10 Journal of Health
Politics, Policy & Law 729 (Winter 1986) (Scrutiny of one popular political approach to the epidemic).
Recent Cases, "Constitutional Law -- Due Process, Right to Privacy, and Free Exercise -- First Circuit
Denies Parents a Constitutional Right to Prevent Children from Receiving School-Sponsored AIDS
Education," 110 Harvard Law Review 1179 (March 1997).
Recent Developments, "Empowering Women to Stop AIDS in Code D'Ivoire and Uganda," 6 Harvard
Human Rights Journal 210 (Spring 1993).
Reidinger, "A Question of Balance: Policing the AIDS Epidemic," ABA Journal, June 1, 1987, 69
(discussion of the testing debate).
Richards, "Communicable Disease Control in Colorado: A Rational Approach to AIDS," 65 Denver
University Law Review 127 (1988).
Robinson, "Criminal Sanctions and Quarantine," ch.9, AIDS and the Law (Dornette, ed.)(1987).
Rosen, "The Impact of AIDS: A Modern Day Plague," 65 Denver University Law Review 117 (1988).
Rothenberg, Karen H., and Elizabeth C. Lovoy, "Something Old, Something New: The Challenge of
Tuberculosis Control in the Age of AIDS," 42 Buffalo Law Review 715 (Fall 1994).
Salbu, Steven R., "AIDS and the Blood Supply: An Analysis of Law, Regulation and Public Policy," 74
Washington University Law Quarterly 913 (Winter 1996).
Salbu, Steven R., "HIV Home Testing and the FDA: The Case for Regulatory Restraint," 46 Hastings Law
Journal 403 (January 1995).
Sazama, Book Review of Jayasuriya, "AIDS: Public Health and Legal Dimensions," 6 Journal of
Contemporary Health Law & Policy 440 (Spring 1990).
Schram, "AIDS Prevention: Too Little, Too Late," 12 Nova Law Review 1253 (Spring 1988).
Schultz, "AIDS: Public Health and the Criminal Law," 7 St. Louis Univ. Public Law Review 65 (1988).
Schultz & Reuter, "AIDS Legislation in Missouri: An Analysis and a Proposal," 53 Missouri Law Review
599 (Fall 1988).
Severson, Margaret, "Protection or Prevention: Testing the Prisoner Population for Communicable
Diseases," 18 Criminal Justice Review 203 (Autumn 1993).
Silverman & Silverman, "AIDS and the Threat to Public Health," 15 Hastings Center Report No. 4,
Special Supplement 19 (August 1985).
Stanley, Ann E., "May I Ask You a Personal Question? The Right to Privacy and HIV Testing in the
European Community and the United States," 65 Fordham Law Review 2775 (May 1997).
Sternlight, Jean R., "Mandatory Non-Anonymous Testing of Newborns for HIV," 27 John Marshall Law
Review 373 (Winter 1994).
Stroud, "An Indiana Doctor's Duty to Warn Non-Patients at Risk of HIV Infection from an AIDS
Patient," 22 Indiana Law Review 587 (1989).
Stryker, Jeff, "IV Drug Use and AIDS: Public Policy and Dirty Needles," 14 Journal of Health Politics,
Policy and Law 719 (Winter 1989).
Student Article, "Alabama's Confidentiality Quagmire: Psychotherapists, AIDS, Mandatory Reporting, and
Tarasoff," 19 Law & Psychology Review 241 (Spring 1995) (James Paul Sizemore).
Student Article, "Mandatory AIDS Testing: The Legal, Ethical and Practical Issues," 5 Notre Dame
Journal of Law, Ethics & Public Policy 155 (1990) (Alyce Werdel).
Student Essay, "Quarantine for AIDS: Is it Constitutionally Permissible?," 9 Mississippi College Law
Review 223 (Fall 1988).
Student Works, "Mandatory HIV Testing of Rape Defendants: Constitutional Rights are Sacrificed in a
Vain Attempt to Assist the Victim," 94 West Virginia Law Review 179 (Fall 1991).
Sullivan and Field, "AIDS and the Coercive Power of the State," 23 Harvard Civil Rights-Civil Liberties
Law Review 139 (Winter 1988).
Swartz, "AIDS Testing and Informed Consent," 13 Journal of Health Politics, Policy and Law 607 (Winter
1988).
Swartz, "Is There a Duty to Warn?", 17 Human Rights No. 1, 40 (Spring 1990).
Symposium on Health Care Policy: "What Lessons Have We Learned from the AIDS Pandemic?", 61
Albany Law Review No. 3 (1998).
Thomas, "The Perils of AIDS Testing," 11 Los Angeles Lawyer No. 6, 39 (September 1988).
Triantafillou & Withers, "AIDS and the Law: Blaming the Victim," 30 Boston Bar Journal No. 3, 6
(May/June 1986) (Argument for compassionate respect for human rights of persons with AIDS).
Truax, Steven R., "On the New Call for HIV Prevention Research," 49 American Psychologist 1092 (Dec.
1994).
United States Conference of Mayors, Local Policies in Response to AIDS and HTLV-III/LAV Infection
(July 1986) (Useful compilation of local regulations and policy statements).
Vernon, "Colorado's Promising `Model' for AIDS Control," 65 Denver University Law Review 109 (1988).
Waters, Robert Craig, "Florida's Involuntary AIDS Testing Statutes," 19 Florida State University Law
Review 369 (Fall 1991).
Watkins, Beverly Xaviera, and Robert E. Fullilove and Mindy Thompson Fullilove, "Arms Against Illness:
Crack Cocaine and Drug Policy in the United States," 2 Health and Human Rights No. 4, 42 (1998).
Weissman & Childers, "Constitutional Questions: Mandatory Testing for AIDS Under Washington's AIDS
Legislation," 24 Gonzaga Law Review 433 (1988/89).
Wilcox, W. Bradford, and Sarah Horton, "Morality and Needle Exchange: A Debate," 5 The Responsive
Community No. 3, 71 (Summer 1995).
Zarembka, "HIV: Insurance, Employment, and Mandatory Testing Issues," 53 Missouri Law Review 679
(Fall 1988).
Racial & Ethnic Minorities and AIDS
Banks, "Women and AIDS -- Racism, Sexism, and Classism," 17 New York University Review of Law &
Social Change 351 (1989-90).
Barnes, Mark, "AIDS and Mr. Korematsu: Minorities At Times of Crisis," 7 St. Louis Univ. Public Law
Review 35 (1988).
Cameron, Edwin, "Human Rights, Racism and AIDS," 9 South African Journal on Human Rights 22
(1993).
Dunlap, Mary C., "AIDS and Discrimination in the United States: Reflections on the Nature of Prejudice
in a Virus," 34 Villanova Law Review 909 (1989).
Johnson, Paula C., "Silence Equals Death: The Response to AIDS Within Communities of Color," 1992
University of Illinois Law Review 1075.
Jones, James H., "The Tuskegee Legacy: AIDS and the Black Community," 22 Hastings Center Report No.
6, 29 (Nov-Dec 1992).
Kane, Stephanie, "Sacred Deviance and AIDS in a North American Buddhist Community," 16 Law &
Policy 323 (July 1994).
Levy, "AIDS and the Minority Community," 52 Texas Bar Journal 215 (February 1989).
Nickens, Norman, "AIDS, Race and the Law: The Social Construction of Disease," 12 Nova Law Review
1179 (Spring 1988).
Perkins & Boyle, "AIDS and Poverty: Dual Barriers to Health Care," 19 Clearinghouse Review 1283
(March 1986) (Discussion of the economic impact of AIDS).
Research Issues/Drug Development
Annas, George, "Faith (Healing), Hope and Charity at the FDA: The Politics of AIDS Drug Trials," 34
Villanova Law Review 771 (1989), reprinted in Gostin (ed.), AIDS and the Health Care System (Yale
Univ. Press, 1990).
Appler, "The FDA's Treatment IND Rule -- A Glimpse Into the Future of Drug Regulation in the U.S.?"
43 Food Drug Cosmetic Law Journal 649 (1988).
Bartlett, John A., Review of "The Search for an AIDS Vaccine: Ethical Issues in the Development and
Testing of a Preventive AIDS Vaccine," by Christine Grady, 22 Journal of Health Politics, Policy and Law
261 (February 1997).
Beers, "Emergency Use INDs and IDEs: What is Required? What are the Risks?" 43 Food Drug Cosmetic
Law Journal 759 (1988).
Christakis & Panner, "Appropriate Collaboration between Industry and Government in the Development
of an AIDS Vaccine," 17 Law, Medicine & Health Care 130 (Summer 1989).
Christakis, "The Ethical Design of an AIDS Vaccine Trial in Africa," 18 Hastings Center Report No. 3, 31
(June/July 1988).
Cohen, "Is Liability Slowing AIDS Vaccines?", 256 Science 168 (April 10, 1992).
Cohen, "Getting New Drugs to People With AIDS: A Public Policy Response to Lansdale," 18 Hastings
Constitutional Law Quarterly 471 (Spring 1991) (See Lansdale article, below).
Comment, "AIDS Drug Testing Legislation in California," 10 Whittier Law Review 467 (1988).
Comment, "Developing, Testing, and Marketing an AIDS Vaccine: Legal Concerns for Manufacturers," 139
University of Pennsylvania Law Review 1077 (April 1991).
Comment, "OMB Involvement in FDA Drug Regulations: Regulating the Regulators," 38 Catholic
University Law Review 175 (Fall 1988).
Comment, "Patents for Critical Pharmaceuticals: The AZT Case," 17 American Journal of Law &
Medicine 145 (1991).
Comment, "The AIDS Vaccine: Legislation to Limit Manufacturer's Liability," 27 Tulsa Law Journal 757
(Summer 1992) (Helen Holt Blake).
Comment, "The Impact of Product Liability Law on the Development of a Vaccine Against the AIDS
Virus," 55 University of Chicago Law Review 943 (Summer 1988).
Comment, "The IND Rewrite and the OMB: Business as Usual at the FDA?", 22 Columbia Journal of
Law & Social Problems 1 (1988).
Comment, "Regulation of Investigational New Drugs: 'Giant Step for the Sick and Dying'?," 77
Georgetown Law Journal 463 (December 1988).
Comment, "Treatment INDs: A Faster Route to Drug Approval?", 39 American University Law Review
171 (Fall 1989).
Dunbar, "Shaking up the Status Quo: How AIDS Activists Have Challenged Drug Development and
Approval Procedures," 46 Food Drug Cosmetic Law Journal 673 (September 1991).
Freedman, "Nonvalidated Therapies and HIV Disease," 19 Hastings Center Report No. 3, 14 (May/June
1989).
Gostin & Curran, "AIDS: Science and Epidemiology," 14 Law Medicine & Health Care Nos. 5-6
(December 1986)(symposium on medical and research issues).
Gray & Melton, "The Law and Ethics of Psychosocial Research on AIDS," 64 Nebraska Law Review 637
(1985) (Consideration of special problems posed by social science research among minority groups afflicted
with AIDS).
Griffin, "AIDS Drugs & the Pharmaceutical Industry: A Need for Reform," 17 American journal of Law &
Medicine 363 (1991).
Haffner, Marlene E., "Orphan Products -- Ten Years Later and Then Some," 49 Food and Drug Law
Journal 593 (1994).
Isaacman, Scott H., and Lisa A Miller, "Neonatal HIV Seroprevalence Studies: A Critique of National and
International Practices," 14 Journal of Legal Medicine 413 (September 1993).
Johnstone, "Treatment IND Safety Assessment: Potential Legal and Regulatory Problems," 43 Food Drug
Cosmetic Law Journal 533 (1988).
Kaitin, "Case Studies of Expedited Review: AZT and L-Dopa," 19 Law, Medicine & Health Care 242
(Fall-Winter 1991).
Kass, Nancy E., Holly A. Taylor & Patricia A. King, "Harms of Excluding Pregnant Women from Clinical
Research: The Case of HIV-Infected Pregnant Women," 24 Journal of Law, Medicine & Ethics 36 (Spring
1996).
Lansdale, "A Procedural Due Process Attack on FDA Regulations: Getting New Drugs to People With
AIDS," 18 Hastings Constitutional Law Quarterly 417 (Winter 1991).
Lechter, "Regulatory Overkill and the AIDS Patient," 1 Albany Law Journal of Science & Technology 131
(1991).
Levine, "Children in HIV/AIDS Clinical Trials: Still Vulnerable After All These Years," 19 Law, Medicine
& Health Care 231 (Fall-Winter 1991).
Levine, "Has AIDS Changed the Ethics of Human Subjects Research?", 16 Law, Medicine & Health Care
167 (Fall/Winter 1988).
McCarthy & Porter, "Confidentiality: The Protection of Personal Data in Epidemiological and Clinical
Research Trials," 19 Law, Medicine & Health Care 238 (Fall-Winter 1991).
McNutt, Briar, "The Under-Enrollment of HIV-Infected Foster Children in Clinical Trials and Protocols
and the Need for Corrective State Action," 20 American Journal of Law & Medicine 231 (1994).
Merton, Vanessa, "The Exclusion of Pregnant, Pregnable, and Once-Pregnable People (A.K.A. Women)
From Biomedical Research," 19 American Journal of Law & Medicine 369 (1993).
Note, "AIDS Vaccine Manufacturers v. Tort Regime: The Need for Alternatives," 49 Washington & Lee
Law Review 559 (Spring 1992) (Kellen F. Cloney).
Note, "Brother Can You Spare a Drug: Should the Experimental Drug Distribution Standards be Modified
in Response to the Needs of Persons With AIDS?" 19 Hofstra Law Review 191 (Fall 1990).
Note, "Expediting FDA Approval of AIDS Drugs: An International Approach," 13 Boston University
International Law Journal 229 (Spring 1995) (Julie C. Relihan).
Note, "Immunity from AIDS Awaits Immunity for Vaccine Manufacturers: How Products Liability Law
May Affect the Development of an AIDS Vaccine," 19 University of Toledo Law Review 885 (Summer
1988).
Note, "Off the Pedestal and Into the Arena: Toward Including Women in Experimental Protocols," 19
New York University Review of Law & Social Change 205 (1991-92) (Hayley Gorenberg & Amanda
White).
Note, "Re-Assessing the Orphan Drug Act," 23 Columbia Journal of Law and Social Problems 413
(1990)(includes brief discussion of AZT).
Note, "The AIDS Vaccine: Legislation to Limit Manufacturer's Liability," 27 Tulsa Law Journal 757
(Summer 1992) (Helen Holt Blake).
Note, "The Condom Crisis: An Application of Feminist Legal Theory to AIDS Prevention in African
Women," 3 Indiana Journal of Global Legal Studies 413 (Spring 1996) (Anne N. Arbuckle).
Note, "The Right to Produce AZT: A Matter of Legal Right, Greed, Fortune or Fame: Burroughs
Wellcome Co. v. Barr Laboratories, Inc., 3 Journal of Pharmacy & Law 241 (1994) (Sean Thomasson).
Note, "Vaccinating AIDS Vaccine Manufacturers Against Product Liability," 42 Case Western Reserve
Law Review 207 (1992).
Panem, "AIDS: Public Policy and Biomedical Research," 15 Hastings Center Report No. 4, Special
Supplement 23 (August 1985).
Podraza, Ronald, "The FDA's Response to AIDS: Paradigm Shift in New Drug Policy?", 48 Food and
Drug Law Journal 351 (1993).
Randal, "Too Little Aid for AIDS," Technology Review, August/September 1984, p. 10. (Report on
charges of inadequate government support for AIDS research and treatment).
Recent Cases, "Patent Law - Pharmaceuticals - Federal Circuit Upholds Patents for AIDS Treatment
Drug," 108 Harvard Law Review 2053 (June 1995).
Recent Developments, "Recent Developments Concerning the Orphan Drug Act," 4 Harvard Journal of
Law & Technology 269 (Spring 1991) (includes discussion of experimental AIDS drugs)
Rosenfeld, "The Strict Products Liability Crisis and Beyond: Is There Hope for an AIDS Vaccine?", 31
Jurimetrics Journal 187 (Winter 1991).
Salbu, Steven R., "AIDS and Drug Pricing: In Search of a Policy," 71 Washington University Law
Quarterly 691 (Fall 1993).
Salbu, Steven R., "Regulation of Drug Treatment for HIV and AIDS: A Contractarian Model of Access,"
11 Yale Journal on Regulation 401 (Summer 1994).
Salbu, Steven R., "Should AIDS Research Be Regulated? A Manhattan Project for AIDS and Other Policy
Proposals," 69 Indiana Law Journal 425 (Spring 1994).
Shapiro, "AIDS Researchers Seek Human Subjects," The Daily Journal (San Francisco), May 9, 1990, p. 7.
Singer, "Institute Pasteur v. United States: The AIDS Patent Dispute, the Contract Disputes Act and the
International Exchange of Scientific Data," 15 American Journal of Law & Medicine 439 (1989).
Special Project, "The Disfranchisement of Fertile Women in Clinical Trials: The Legal Ramifications of and
Solutions for Rectifying the Knowledge Gap," 45 Vanderbilt Law Review 877 (May 1992).
Steinhauer, Esther H., "Regulatory Compliance as a Defense for Manufacturers of Vaccines Against
Pediatric AIDS," 15 Journal of Products & Toxics Liability 329 (1993).
Survey, "The Need for Improved Access to Experimental Drug Therapy: AIDS Activists and Their Call for
a Parallel Track Policy," 4 Administrative Law Journal 589 (Winter 1991).
Symposium, "Drug Development: Who Knows Where the Time Goes?", 52 Food and Drug Law Journal
No. 2 (1997).
Vogel, "AIDS and the Politics of Drug Lag," 96 The Public Interest 73 (Summer 1989).
Volberding & Abrams, "Clinical Care and Research in AIDS," 15 Hastings Center Report No. 4, Special
Supplement 16 (August 1985).
Wecht, "Considerations and Potential Pitfalls in AIDS Lab Testing," 9 Journal of Legal Medicine 623
(December 1988).
Weimer, Deborah, "Ethical and Legal Issues in AIDS Research," 17 Journal of Legal Medicine 177 (March
1996) (book review essay).
Weissinger, "Where is the AIDS Problem Leading Us? A Forecast from the Center for Drug Evaluation,"
43 Food Drug Cosmetic Law Journal 767 (1988).
Wilson, John P., "Limitation of Manufacturer Liability for Administration of an AIDS Vaccine Overseas,"
30 The International Lawyer 783 (Winter 1996).
Wilson, John P., "The Resolution of Legal Impediments to the Manufacture and Administration of an
AIDS Vaccine," 34 Santa Clara Law Review 495 (1994).
Young, "Remarks at the Food and Drug Law Institute's 32nd Annual Educational Conference...," 44 Food
Drug Cosmetic Law Journal 1 (January 1989).
Zuger & Weitz, "Professional Responsibilities in the AIDS Generation," Hastings Center Report (June
1987), 16-23 (review of ethical issues confronting health care professionals and researchers with respect to
AIDS).
Schools & Colleges
Aquila, Frank D., "AIDS and `AFRAIDS' in Our Schools: Whither Our Children?", 69 Denver University
Law Review 315 (1992).
Bittle, "Private Rights v. Public Protection: AIDS in the Classroom," 3 Complete Lawyer No. 3, 6 (ABA,
1986).
Burnside, "AIDS and Medical Education," 10 Journal of Legal Medicine 19 (March 1989).
Buss, William G., "Human Immunodeficiency Virus, the Legal Meaning of `Handicap,' and Implications for
Public Education Under Federal Law at the Dawn of the Age of the ADA," 77 Iowa Law Review 1389
(May 1992).
Comment, "AIDS in the Classroom: Room for Reason Amidst Paranoia," 91 Dickinson Law Review 1055
(Summer 1987).
Comment, "Education and Administrative Law -- Education of Health-Impaired Children and
Administrative Due Process -- State Department of Education Possesses Statutory Authority to Promulgate
Administrative Rules Governing the Admission to School of Children Afflicted With AIDS Provided that
Department Affords All Parties Appropriate Procedural Due Process Under Those Rules," 19 Rutgers Law
Journal 483 (Winter 1988).
Comment, "Enforcing the Right to a Public Education for Children Afflected With AIDS," 36 Emory Law
Journal 603 (Spring 1987).
Comment, "Equal Opportunities: Protecting the Rights of AIDS-Linked Children in the Classroom," 14
American Journal of Law & Medicine 377 (1989).
Comment, "Kids and Condoms: Constitutional Challenges to the Distribution of Condoms in Public
Schools," 61 University of Cincinnati Law Review 1479 (1993) (Karl J. Sanders).
Comment, "Opening the Schoolhouse Door for Children With AIDS: The Education for All Handicapped
Children Act," 13 Boston College Environmental Affairs Law Review 583 (1986).
Comment, "Protecting Children With AIDS Against Arbitrary Exclusion From School," 74 California Law
Review 1373 (July 1986).
Comment, "Public Schools and Public Health: Exclusion of Children with AIDS," 5 Journal of Law &
Politics 605 (Spring 1989).
Comment, "Undoing a Lesson of Fear in the Classroom: The Legal Recourse of AIDS-Linked Children,"
135 Univ. of Pennsylvania Law Review 193 (December 1986).
Comment, "Ware v. Valley Stream High School District: At What Expense Should Religious Freedoms be
Preserved?", 64 St. John's Law Review 347 (Winter 1990).
Cooper, "The Impact of AIDS on American Schools and Prisons," 1987 Annual Survey of American Law
117.
Croasdell, Jeffrey M., "State Constitutional Protection of Children With AIDS and the Right to a Public
Education," 42 Cleveland State Law Review 239 (1994)
Gregory, "Educating the Infected Child," AIDS and the Law, ch.4 (Dornette, ed.)(1987).
Jones, "The Education for All Handicapped Children Act: Coverage of Children with Acquired Immune
Deficiency Syndrome," 15 Journal of Law & Education 195 (Spring 1986)(consideration of impact of
federal education law on right of children with AIDS to classroom instruction).
Kass, "Schoolchildren with AIDS," AIDS and the Law: A Guide for the Public, ch.5 (Yale Univ. Press,
1987).
Keith, "AIDS in the Classroom," 58 Mississippi Law Journal 349 (Fall 1988).
Kirp, Learning by Heart (Rutgers University Press, 1989) (study of response to AIDS by public education
system).
Martin, "HIV/AIDS and Adolescents: Implications for School Policies," 20 Journal of Law & Education
325 (Summer 1991).
McNary-Keith, Sandra E., "AIDS in Public Schools: Resolved Issues and Continuing Controversy," 24
Journal of Law & Education 69 (Winter 1995).
Merritt, "Communicable Disease and Constitutional Law: Controlling AIDS," 61 New York University Law
Review 739 (1986).
Murphy, "Special Education Children with HIV Infection: Standards and Strategies for Admission to the
Classroom," 19 Journal of Law & Education 345 (Summer 1990).
Murphy, "The Impact on New Jersey Schools," New Jersey Lawyer No. 126, 24 (January/February 1989).
Note, "AIDS: Issues in the Law," 10 American Journal of Trial Advocacy 527 (Spring 1987)(simplistic
coverage of school attendance issue).
Note, "AIDS: A University's Liability for Failure to Protect Its Students," 14 Journal of College and
University Law 529 (Winter 1987).
Note, "Children with AIDS: Protecting Their Rights in the Classroom Through the Arline Decision and
Department of Education Enforcement of the Rehabilitation Act of 1973," 2 Administrative Law Journal
391 (Fall 1988).
Note, "Discrimination in the Public Schools: Dick and Jane Have AIDS," 29 William & Mary Law Review
881 (Summer 1988).
Note, "Fear and Loathing in the Classroom: AIDS and Public Education," 15 Journal of Legislation 87
(1987).
Note, "Public Policy vs. Parent Policy: States Battle Over Whether Public Schools Can Provide Condoms to
Minors Without Parental Consent," 13 New York Law School Journal of Human Rights 589 (Spring 1997)
(Kristen S. Rufo).
Note, "Reading, Writing, But No Biting: Isolating School Children With AIDS," 37 Cleveland State Law
Review 337 (1989).
Oswald, Jane D., Robert Gilbert Johnston, and Mark E. Wojcik, "AIDS: Coping with HIV on Campus," 27
John Marshall Law Review 449 (Winter 1994).
Partida, "AIDS: Do Children With AIDS Have a Right to Attend School?" 13 Pepperdine Law Review
1041 (1986)
Rothenberg, "The AIDS Project: Introduction," 48 Maryland Law Review 95 (1989) (discussion of dealing
with AIDS policy issues in a law school class)
Rothstein, "Children With AIDS: A Need for a Clear Policy and Procedure for Public Education," 12
Nova Law Review 1259 (Spring 1988).
Rothstein, "Section 504 of the Rehabilitation Act: Emerging Issues for Colleges and Universities," 13
Journal of College and University Law 229 (Winter 1986) (includes discussion of AIDS issues, including
accommodation of students with AIDS).
Schwarz & Schaffer, "AIDS in the Classroom," 14 Hofstra Law Review 163 (1985).
Silin, Jonathan G., Sex, Death and the Education of Children: Our Passion for Ignorance in the Age of
AIDS (Teachers College Press, 1995).
Spiegel, Charles, "Privacy, Sodomy, AIDS & the Schools: Case Studies in Equal Protection," 1986 Annual
Survey of American Law 221 (New York University School of Law).
Sudbeck, Lynn E., "Students With AIDS: Protecting an Infected Child's Right to a Classroom Education
and Developing a School's AIDS Policy," 40 South Dakota Law Review 72 (1994-95).
Vogel, "Discrimination on the Basis of HIV Infection: An Economic Analysis," 49 Ohio State Law Journal
965 (1989).
Weeks & Lowry, "AIDS and the Campus," 10 Lex Collegii No. 2 (Fall 1986).
Torts (Transmission Liability; Emotional Distress)
Anderson, "The AIDS Crisis and Directed Donations," 37 Medical Trial Technique Quarterly 451 (1991).
Baker and Arthur, "AIDS in the Hospital Workplace: Theories of Hospital Liability," 24 Tort & Insurance
Law Journal 1 (Fall 1988).
Baig, Ellen Fell, "Arising Out of and In the Course of Employment: AIDS and Workers' Compensation
Law," 68 Florida Bar Journal No. 10, 75 (November 1994).
Baruch, "AIDS in the Courts: Tort Liability for the Sexual Transmission of Acquired Immune Deficiency
Syndrome," 22 Tort & Insurance Law Journal 165 (Winter 1987).
Beane, "AIDS Crisis and the Health Care Community: Public Concerns Triggering Questionable Private
Rights of Action for Emotional Harms and Legislative Response," 45 Mercer Law Review 633 (Winter
1994).
Berry, "AIDS and Hospital Liability," 32 For the Defense No. 12, 6 (December 1990).
Blanchard & Thompson, "Insurance Coverage for the Sexual Transmission of Disease," 13 Hamline Law
Review 37 (Winter 1990).
Bobinski, Mary Anne, "Autonomy and Privacy: Protecting Patients From Their Physicians," 55 University
of Pittsburgh Law Review 291 (Winter 1994).
Bollow & Lapp, "Protecting the Confidentiality of Blood Donors' Identities in AIDS Litigation," 37 Drake
Law Review 343 (1987-88).
Braden, "AIDS: Dealing With the Plague," 19 Northern Kentucky Law Review 277 (Winter 1992).
Breslow, Nancy A., "Standard of Proof to Sustain AIDS-Phobia Claims," New York Law Journal, June 10,
1998, p.1.
Case Brief, "Osborne v. Irwin Memorial Blood Bank: Blood Bank Liability and the Standard of Care," 1
Journal of Pharmacy & Law 267 (1992) (Michael Joseph Brooks).
Case Brief, "United Blood Services v. Quintana: Blood Bank Liability Resulting From AIDS-Contaminated
Blood Transfusions," 1 Journal of Pharmacy & Law 275 (1992) (James Chapman Hale).
Casenote, "A False Diagnosis as HIV Positive -- Not Enough for Negligent Infliction of Emotional Distress
Damages: Heiner v. Moretuzzo," 65 University of Cincinnati Law Review 991 (Spring 1997).
Casenote, "AIDS Phobia -- Recovery for Emotional Distress Based on Exposure to AIDS, Johnson v. West
Virginia Hospitals, Inc.," 19 Southern University Law Review 477 (Fall 1992) (Jacqueline L. Savoie).
Casenote, "Barrett v. Danbury Hospital -- The Connecticut Courts Take Their First Look at a Claim for
Negligent Infliction of Emotional Distress in an `AIDS Phobia' Case," 17 QLR 261 (Summer 1997)
(Michele L. Daly).
Casenote, "Knowingly Exposing Another to HIV," 106 Yale Law Journal 1617 (March 1997) (Jennifer
Grishkin).
Casenote, "Shattering the `Reasonable Window of Anxiety' -- Recovery of Emotional Distress Damages for
the Fear of Contracting AIDS. Kerins v. Hartley, 33 Cal. Rptr. 2d 172 (Cal. Ct. App. 1993)," 19 Southern
Illinois University Law Journal 661 (Spring 1995) (Mark McAnulty).
Casswell, Donald G., "Assessing Doctors as Reasonable Doctors and as Reasonable Persons: A Reminder
in the Context of Negligent Transmission of HIV During Artificial Insemination," 9 Journal of
Contemporary Health Law & Policy 159 (Spring 1993).
Casswell, Donald G., "Assessing the Physician's Standard of Care When HIV Is Transmitted During
Artificial Insemination," 10 Journal of Contemporary Health Law & Policy 231 (Spring 1994).
Chambers, David L., "Gay Men, AIDS, and the Code of the Condom," 29 Harvard Civil Rights - Civil
Liberties Law Review 353 (Summer 1994).
Comment, "Adding Fuel to the Fire: Realistic Fears or Unrealistic Damages in AIDS Phobia Suits?", 35
South Texas Law Review 331 (April 1994).
Comment, "AfrAIDS: Fear of AIDS as a Cause of Action," 67 Temple Law Review 769 (Summer 1994)
(Mandana Shahvari).
Comment, "AIDS-Phobia: Are Emotional Distress Damages for Fear of AIDS A Legally Compensable
Injury?", 19 Thurgood Marshall Law Review 333 (Spring 1994) (Joycelyn L. Cole).
Comment, "AIDSPhobia: Forcing Courts to Face New Areas of Compensation for Fear of a Deadly
Disease," 39 Villanova Law Review 241 (1994).
Comment, "AIDS: A Legal Epidemic," 17 Akron Law Review 717 (Spring 1984) (Focus on torts issues
surrounding transmission of AIDS-related virus).
Comment, "Allocating the Costs of Transfusion-AIDS: An Oregon Perspective," 73 Oregon Law Review
1057 (Winter 1994) (Philip Richard Anderson).
Comment, "Bearing an Hourglass: Statutes of Limitation and Ohio Blood Bank Liability," 3 Journal of
Pharmacy & Law 85 (1994) (Derek Charles Aston).
Comment, "Blood Bank Liability to Recipients of HIV Contaminated Blood," 18 University of Dayton Law
Review 87 (Fall 1992) (Daniel L. Russo, Jr.).
Comment, "Blood Donation: A Gift of Life or a Death Sentence?", 22 Akron Law Review 623 (Spring
1989).
Comment, "Culpable Conduct with Impunity: The Blood Industry and the FDA's Responsibility for the
Spread of AIDS Through Blood Products," 3 Journal of Pharmacy & Law 129 (1994) (Linda M. Dorney).
Comment, "Doctor-Patient Confidentiality Versus Duty to Warn in the Context of AIDS Patients and
Their Partners," 47 Maryland Law Review 675 (Spring 1988).
Comment, "Emotional Distress Damages for Fear of Contracting AIDS: Should Plaintiffs Have to Show
Exposure to HIV?," 99 Dickinson Law Review 779 (Spring 1995) (Vance A. Fink, Jr.).
Comment, "Emotional Distress for Fear of Exposure to AIDS: An Infection Headed for Texas," 32
Houston Law Review 1451 (1996) (Richard K. Vanik).
Comment, "Liability of a Blood Supplier in Louisiana for Transfusion-Associated Acquired
Immunodeficiency Syndrome (AIDS)," 34 Loyola Law Review 164 (Spring 1988).
Comment, "Liability Without Fault and the AIDS Plague Compel a New Approach to Cases of
Transfusion-Transmitted Disease," 61 Colorado Law Review 81 (1990).
Comment, "Marchica v. Long Island Railroad: `AIDS-Phobia' Recovery Under the Federal Employers'
Liability Act," 15 Pace Law Review 575 (Winter 1995) (Joseph Loparco).
Comment, "On the Road to Recovery for Emotional Harm: Is the Fear of AIDS a Legally Compensable
Injury?," 16 Journal of Legal Medicine 417 (September 1995)(Robert C. Bollinger).
Comment, "Privilege -- Confidentiality of Blood Donor Identity: Plaintiff v. National Blood Supply -- Belle
Bonfils Memorial Blood Center v. District Court, 763 P.2d 1003 (Colo. 1988)," 23 Suffolk University Law
Review 183 (Spring 1989).
Comment, "Scared to Death: A Cause of Action for AIDS Phobia," 10 Touro Law Review 263 (Fall 1993)
(Harris J. Zakarin).
Comment, "Sex, Lies, and Lawsuits: A New Mexico Physician's Duty to Warn Third Parties Who
Unknowingly May Be at Risk of Contracting HIV From a Patient," 26 New Mexico Law Review 481
(Summer 1996) (Jake Taylor).
[Comment], "Suppliers of AIDS-Contaminated Blood Now Face Liability," 34 Howard Law Journal 183
(1991).
Comment, "The Assumption of Risk Defense and the Sexual Transmission of AIDS: A Proposal for the
Application of Comparative Knowledge," 143 University of Pennsylvania Law Review 1121 (April 1995).
[Comment], "The Fear of Disease as a Compensable Injury: An Analysis of Claims Based on AIDS
Phobia," 67 St. John's Law Review 77 (Winter 1993) (Debbie E. Lanin).
Comment, "Tort Liability as the Result of the Transmission of HIV Through Artificial Insemination by
Donor," 4 Albany Law Journal of Science & Technology 333 (1994) (Heather J. Blum).
Comment, "Tort Liability for AIDS?", 24 Houston Law Review 957 (October 1987).
Comment, "Torts - Carroll v. Sisters of Saint Francis Health Services, Inc.: Tennessee Adopts the Actual-
Exposure Approach in Fear-of-AIDS Cases," 25 University of Memphis Law Review 1495 (Summer 1995)
(Cynthia Ray Eggleston).
Comment, "Transfusion-Associated Acquired Immunodeficiency Syndrome (AIDS): Blood Bank Liability?"
16 Univ. of Baltimore Law Review 81 (Fall 1986).
Comment, "Under What Circumstances Should Courts Allow Recovery for Emotional Distress Based on
the Fear of Contracting AIDS?", 43 Washington University Journal of Urban and Contemporary Law 481
(Spring 1993) (Susan J. Zook).
Comment, "You Never Told Me . . . You Never Asked; Tort Liability for the Sexual Transmission of
AIDS," 91 Dickenson Law Review 529 (Winter 1986).
Davis, Margaret, Lovers, Doctors & the Law (Harper & Row, 1988)(general introduction to liability for
sexually transmitted diseases; useful charts and tables on state laws)
DeNatale, Richard, & Shawn D. Parrish, "Health Care Workers' Ability to Recover in Tort for
Transmission or Fear of Transmission of HIV From a Patient," 36 Santa Clara Law Review 751 (1996).
DeVille, Kenneth A., "Nothing to Fear But Fear Itself: HIV-Infected Physicians and the Law of Informed
Consent," 22 Journal of Law, Medicine & Ethics 163 (Summer 1994).
Dickinson, Gordon M., Caryle Anne Johnson, David P. Johnson, and W. McKinley Smiley, Jr., "AIDS:
Parameters of Proof," 17 Trial Diplomacy Journal 163 (July/August 1994) (on meeting burden of proof to
establish legal causation in transmission of HIV).
Dornette, "Blood Products and Tissue Transplants," ch.13, AIDS and the Law (Dornette, ed.)(1987).
Eckert, Ross D., "AIDS and the Blood Bankers," Regulation, Sept/Oct 1986, 15.
Eckert, Ross D., "The AIDS Blood-Transfusion Cases: A Legal and Economic Analysis of Liability," 29
San Diego Law Review 203 (May-June 1992).
Fisher, Eric S., "AIDSphobia: A National Survey of Emotional Distress Claims for the Fear of Contracting
AIDS," 33 Torts & Insurance Law Journal 169 (Fall 1997).
Fontana, "The Ramifications of the AIDS Crisis for Local Governments," 23 Tort and Insurance Law
Journal 195 (Fall 1987).
Garves, Brian R., "Fear of AIDS," 3 Journal of Pharmacy & Law 29 (1994).
Garves, Brian R., "In Fear-of-AIDS Cases, Proof Is Key Element," National Law Journal, April 26, 1993,
p. 27.
Gay, Terry Christovich, and Paige Freeman Rosato, "Combatting Fear of Future Injury and Medical
Monitoring Claims," 61 Defense Counsel Journal 554 (October 1994).
Goldberg, "AIDS Phobia: Reasonable Fears or Unreasonable Lawsuits?," ABA Journal (June 1992), 88-92.
"Health Law: Watson v. Lowcountry Red Cross: The Fourth Circuit Speaks on Discovery Rights in Blood
Transfusion Litigation," 71 North Carolina Law Review 2084 (September 1993) (Amy K. Johnson).
Hermann, Donald, "AIDS: Malpractice and Transmission Liability," 58 Univ. of Colorado Law Review 63
(Winter 1986-87).
Hermann, Donald, "Torts: Private Lawsuits about AIDS," AIDS and the Law: A Guide for the Public, ch.
11 (Yale Univ. Press, 1987).
Hermann, Donald & Scott Burris, "Torts: Private Lawsuits About HIV," AIDS Law Today: A New Guide
for the Public, ch. 15 (Yale Univ. Press, 1993).
Hernandez, John F., "Perinatal Tranmission of HIV," 27 John Marshall Law Review 393 (Winter 1994).
Hollins, Janet, "An Imminent, Unidentifiable Victim: Does HIV Require a Duty to Warn?", 64 Defense
Counsel Journal 214 (April 1997).
Hulteng, "Commentary -- The duty to Warn or Hospitalize: The New Scope of Tarasoff Liability in
Michigan," 67 University of Detroit Law Review 1 (Fall 1989) (brief discussion of application of Tarasoff
liability in AIDS context)
Janowitz, "Safety of the Blood Supply: Liability for Transfusion-Associated AIDS," 9 Journal of Legal
Medicine 611 (December 1988).
Jenner, Robert K., "Claims for Fear of AIDS: The Law Is Developing," 31 Trial No. 5, 38 (May 1995).
Jenner, Robert K., "Identifying HIV-Infected Blood Donors," 25 Trial No. 6, 47 (June 1989).
Jenner, Robert K., "Transfusion-Associated AIDS Cases," 26 Trial No. 5, 30 (May 1990).
Jenner, Robert K., & Sidney Schupak, "Causation in Transfusion-Associated AIDS Cases," 29 Trial No. 5,
60 (May 1993).
Jenner, Robert K. & Sidney Schupak, "Liability for HIV Transmission," 28 Trial No. 5, 24 (May 1992).
Kelly, "Negligence and Intentional Torts," ch.8, AIDS and the Law (Dornette, ed.)(1987)
Kelly, Joseph, "The Liability of Blood Banks and Manufacturers of Clotting Products," 27 John Marshall
Law Review 465 (Winter 1994).
Korin, George & Quattrone, "Civil Liability for the Transmission of AIDS," New Jersey Lawyer No. 126,
40 (January/February 1989).
Levine & Bayer, "Screening Blood: Public Health and Medical Uncertainty," 15 Hastings Center Report
No. 4, Special Supplement 8 (August 1985).
Lipton, "Blood Donor Services and Liability Issues Relating to AIDS," 7 Journal of Legal Medicine 131
(1986).
Malkin, Ian, "Tort Law's Role in Preventing Prisoners' Exposure to HIV Infection While in Her Majesty's
Custody," 20 Melbourne University Law Review 423 (December 1995).
Mariner, Wendy K., "AIDS Phobia, Public Health Warnings, and Lawsuits: Deterring Harm or Rewarding
Ignorance?," 85 American Journal of Public Health 1562 (Nov. 1995).
McEvoy, Sharlene A., "Tort Liability for Sexually Transmitted Diseases," 23 The Brief No. 4, 14 (Summer
1994); 2 Tort Law Review 175 (November 1994).
Meyer, Cheryl L., "The Transmission of HIV Through Donor Semen," 15 Women's Rights Law Reporter
115 (Winter/Spring 1993-94).
Mills, "Defending Sexually Transmitted Disease Cases," 33 For the Defense No. 9, 15 (September 1991).
Note, "AIDS: A Threat to Blood Donor Anonymity," 66 Nebraska Law Review 863 (1987).
Note, "AIDS: Anonymity in Donation Situations: Where Public Benefit Meets Private Good," 69 Boston
University Law Review 187 (January 1989).
Note, "AIDS Cases in Federal Court: A Federal Question?," 61 George Washington Law Review 490
(January 1993) (David Howard Robbins).
Note, "AIDS: Issues in the Law," 10 American Journal of Trial Advocacy 527 (Spring 1987)(simplistic
coverage of transmission liability and employer liability for workplace transmission).
Note, "AIDSPhobia and the `Window of Anxiety': Enlightened Reasoning or Concession to Irrational
Fear?", 60 Brooklyn Law Review 461 (1994) (Ivan Yip).
Note, "AIDS-Related Litigation: The Competing Interests Surrounding Discovery of Blood Donors'
Identities," 19 Indiana Law Review 561 (1986) (Casenote on South Florida Blood Service v. Rasmussen).
Note, "Blood Bank and Blood Products Manufacturer Liability in Transfusion-Related AIDS Cases," 26
University of Richmond Law Review 519 (Spring 1992) (Dana J. Finberg).
Note, "Can HIV-Negative Plaintiffs Recover Emotional Distress Damages for Their Fear of AIDS?", 62
Fordham Law Review 225 (Oct. 1993) (James C. Maroulis).
Note, "Court Allows Discovery From Volunteer Blood Donors in Transfusion-Related AIDS Litigation,"
45 South Carolina Law Review 162 (Autumn 1993) (Angela D. Rowe).
Note, "Doe v. Johnson: Wrongful Transmission of HIV Based on Traditional Tort Concepts," 3 Journal of
Pharmacy & Law 209 (1994) (Julia A. Galyen).
Note, "Establishing Relief for the Most Innocent of All AIDS Victims: Liability for Perinatal Transmission
of AIDS," 28 Journal of Family Law 271 (1989-90).
Note, "Establishing Uniformity in HIV-Fear Cases: A Modification of the Distinct Event Approach," 29
Valparaiso University Law Review 1251 (Summer 1995) (Amy L. Hansen).
Note, "Hepatitis, AIDS and the Blood Product Exemption from Strict Products Liability in California: A
Reassessment," 37 Hastings Law Journal 1101 (July 1986).
Note, "HIV Misdiagnosis: Negligent Infliction of Emotional Distress and the False-Positive," 81 Iowa Law
Review 1229 (May 1996) (Ellen L. Leupke).
Note, "Kerins v. Hartley: Fear of AIDS Begets a New `Implied Condition' Exception for the Theory of
Medical Battery," 28 Loyola of Los Angeles Law Review 1099 (April 1995) (Joie Marie Gallo).
Note, "Liability for Transfusion-Transmitted Disease," 14 William Mitchell Law Review 141 (Winter 1988).
Note, "Liability for Transmission of AIDS in the Hospital Workplace: A Critique of Mandatory AIDS
Testing of Hospital Patients," 90 West Virginia Law Review 652 (Winter 1987-88).
Note, "Lights, Camera, Actionable Negligence: Transmission of the AIDS Virus During Adult Motion
Picture Production," 13 Comm/Ent: Hastings Communications & Entertainment Law Journal 89 (Fall
1990).
Note, "Marchica v. Long Island Rail Road: AIDS Phobia As a Cause of Action Under the Federal
Employers Liability Act," 3 Journal of Pharmacy & Law 217 (1994) (Kevin V. Flynn).
Note, "Negligence as a Cause of Action for Sexual Transmission of AIDS," 19 University of Toledo Law
Review 923 (Summer 1988).
Note, "Osborn v. Irwin Memorial Blood Bank: The First Case to Hold a Blood Bank Liable in AIDS
Tainted Transfusion," 3 Journal of Pharmacy & Law 181 (1994) (Michael J. Brooks).
Note, "Product Liability: A Public Policy Approach to Contaminated Factor VIII Blood Products," 48
Florida Law Review 263 (April 1996) (Christina Bohannan).
Note, "Protecting Donor Privacy in AIDS Related Blood Bank Litigation," 67 Washington Law Review 981
(October 1992).
Note, "Protecting the Physician in HIV Misdiagnosis Cases," 46 Duke Law Journal 431 (November 1996).
Note, "Rasmussen v. South Blorida Blood Service: The Balance Between Blood, Privacy, and the Need to
Know," 20 John Marshall Law Review 823 (Summer 1987).
Note, "Standards of Conduct, Multiple Defendants, and Full Recovery of Damages in Tort Liability for the
Transmission of Human Immunodeficiency Virus," 18 Hofstra Law Review 37 (Summer 1989).
Note, "The Criminalization of Perinatal AIDS Transmission," 3 Health Matrix Journal of Law-Medicine
495 (Summer 1993) (Heather Sprintz).
Note, "The Jurisdictional and Discovery Issues in Transfusion-Associated AIDS Litigation Involving the
American National Red Cross," 39 Wayne Law Review 207 (Fall 1992) (Ramona Claray Howard).
Note, "The Legal Liability of Blood Donor Services and Transfusion Providers in the Wake of the AIDS
Crisis," 20 North Carolina Central Law Journal 202 (1992) (James W. Morgan).
Note, "To Have and To Hold: The Tort Liability for the Interspousal Transmission of AIDS," 23 New
England Law Review 887 (Winter-Spring 1988-1989).
Note, "Tort Law -- Turning Blood Into Whine: `Fear of AIDS' as a Cognizable Cause of Action in New
Mexico -- Madrid v. Lincoln County Medical Center," 28 New Mexico Law Review 165 (Winter 1998) (Eric
J. Knapp).
Note, "Tort Liability for Sexual Transmission of Disease: A Legal Attempt to Cure "Bad" Behavior," 25
Willamette Law Review 807 (Fall 1989).
Note, "Tort Liability for the Transmission of the AIDS Virus: Damages for Fear of AIDS and Prospective
AIDS," 45 Washington and Lee Law Review 185 (Winter 1988).
Note, "Transfusion-Related AIDS Litigation: Permitting Limited Discovery from Blood Donors in Single
Donor Cases," 76 Cornell Law Review 927 (May 1991).
Note, Walls v. Armour: Upholding the Principles of Liability, 3 Journal of Pharmacy & Law 225 (1994)
(Lynnette S. Pisone).
Oddi, A. Samuel, "Reverse Informed Consent: The Unreasonably Dangerous Patient," 46 Vanderbilt Law
Review 1417 (November 1993).
Perey, "Hemophiliacs, Transfusions, and AIDS: Liability for AIDS Contracted by Hemophiliacs and Others
From Blood Factor Concentrate and Blood Transfusions," 14 Trial Diplomacy Journal 137 (Fall 1991).
Recent Development, "Snyder v. Mekhjian: New Jersey AIDS Assistance Act Permits Limited Discovery of
Blood Donor Information by Plaintiff Suing Health Care Entity for Contraction of AIDS Through Blood
Transfusion," 37 Villanova Law Review 337 (1992) (Kathryn Kruse).
Rosencranz & Lavey, "Treating Patients With Communicable Diseases: Limiting Liability for Physicians
and Safeguarding the Public Health," 32 Saint Louis University Law Journal 75 (Fall 1987).
Salbu, Steven R., "AIDS and the Blood Supply: An Analysis of Law, Regulation and Public Policy," 74
Washington University Law Quarterly 913 (Winter 1996).
Sarnoff, Marc David, "Wheeland v. Wheeland: The First AIDS Transmission Case," 17 Trial Diplomacy
Journal 73 (March/April 1994).
Schiff, Matthew B., "AIDS and the Health Care Worker: Tort and Workers' Compensation Liability," 29
Gonzaga Law Review 331 (1993/94).
Schultz, "AIDS: Public Health and the Criminal Law," 7 St. Louis Univ. Public Law Review 65 (1988).
Schwartz, "Liability for the Transmission of AIDS and Herpes," 1987 Annual Survey of American Law 523.
Skiver, Stephen A., and James A. Hickey, "AIDS: Legal Issues 1992," 19 Ohio Northern University Law
Review 839 (1993)(summary of Ohio and neighboring states developments for 1992).
Smith, "Medicine and Law: AIDS, Constitutional Challenges to Tort Reform and Medical Malpractice," 23
Tort and Insurance Law Journal 370 (Winter 1988).
Spahn, Gary J., and Timothy S. Baird, "Closing the Floodgates on Fear of AIDS Claims," 37 For the
Defense No. 6, 8 (June 1995).
Stevens, "Negligence Liability for Transfusion-Associated AIDS Transmission: An Update and Proposal,"
12 Journal of Legal Medicine 221 (June 1991).
Student Article, "Quintana v. United Blood Services: Examining Industry Practice in Transfusion-Related
AIDS Cases," 2 Cornell Journal of Law and Public Policy 475 (Spring 1993) (Jessamine R. Talavera).
Sundbeck, William, "It Takes Two to Tango: Rethinking Negligence Liability for the Sexual Transmission
of AIDS," 5 Health Matrix: Journal of Law-Medicine 397 (Summer 1995).
Trebilcock, Michael, Robert Howse, and Ron Daniels, "Do Institutions Matter? A Comparative Pathology
of the HIV-Infected Blood Tragedy," 82 Virginia Law Review 1407 (November 1996).
Williams, "Blood Transfusions and AIDS: A Legal Perspective," 32 Medical Trial Technique Quarterly 267
(Winter 1986).
Treatment Rights/Medical Ethics/Availability of Drugs
Adams, William, "The Dilemma for Minors Seeking HIV-Testing and Treatment," 27 John Marshall Law
Review 493 (Winter 1994).
Adams, "Financial Problems Inherent in the Admission of AIDS Patients into Long Term Care Facilities,"
10 Journal of Legal Medicine 89 (March 1989).
Albert, "A Right to Treatment for AIDS Patients?" 92 Dickinson Law Review 743 (Summer 1988).
American Academy of Hospital Attorneys, AIDS Task Group, AIDS and the Law: Responding to the
Special Concerns of Hospitals, American Hospital Association, November 1987 (available from AHA, 840
N. Lake Shore Dr., Chicago, IL 60611).
Annas, "At Law--AIDS, Judges, and the Right to Medical Care," 18 Hastings Center Report No. 4, 20
(August/September 1988).
Annas, "Faith (Healing), Hope and Charity at the FDA: The Politics of AIDS Drug Trials," 34 Villanova
Law Review 771 (1989).
Banks, "AIDS and the Right to Health Care," 4 Issues in Law & Medicine 151 (Fall 1988).
Banks, "The Right to Medical Treatment," AIDS and the Law: A Guide for the Public, ch.12 (Yale Univ.
Press, 1987).
Belitsky & Solomon, "Doctors and Patients: Responsibilities in a Confidential Relationship," AIDS and the
Law: A Guide for the Public, ch.14 (Yale Univ. Press, 1987).
Benesch & Homisak, "The Duty to Treat AIDS Patients," 24 Trial No. 5, 22 (May 1988).
Bishop, "Desperate Lives, Unknown Risks," 7 California Lawyer No. 9, 44 (September 1987)(discussion of
access to experimental drugs for AIDS).
Bobinski, Mary Anne, "Patients and Providers in the Courts: Fractures in the Americans With Disabilities
Act," 61 Albany Law Review 785 (1998).
Brennan, Troyen A., "Ensuring Adequate Health Care for the Sick: The Challenge of the Acquired
Immunodeficiency Syndrome as an Occupational Disease," 1988 Duke Law Journal 29 (February 1988).
Brennan, Troyen A., "Patients and Health Care Workers," AIDS Law Today: A New Guide for the Public,
ch. 17 (Yale Univ. Press, 1993).
Bristow, "AIDS and the Response of Organized Medicine," 10 Journal of Legal Medicine 11 (March 1989).
Brodeur, "AIDS: Continued Problems in Access to Health Care," 7 St. Louis Univ. Public Law Review 55
(1988).
Burris, Scott, "Dental Discrimination Against the HIV-Infected: Empirical Data, Law and Public Policy,"
13 Yale Journal on Regulation 1 (Winter 1996).
Capron, "So Quick Bright Things Come to Confusion," 13 American Journal of Law & Medicine 169
(1987)(extended section on AIDS and the right to privacy within the hospital setting).
Case Study, "Who Pays for AZT?", 19 Hastings Center Report No. 5, at 30 (Sep/Oct 1989)(commentaries
by R. L. Penslar and R. D. Lamm).
Casswell, Donald G., "Assessing Doctors as Reasonable Doctors and as Reasonable Persons: A Reminder
in the Context of Negligent Transmission of HIV During Artificial Insemination," 9 Journal of
Contemporary Health Law and Policy 159 (Spring 1993).
Chetty, Mahendra, "Human Rights, Access to Health Care and AIDS," 9 South African Journal on
Human Rights 71 (1993).
Comment, "AIDS Discrimination by Medical Care Providers: Is Washington Law an Adequate Remedy?"
63 Washington Law Review 701 (July 1988).
Comment, "AIDS Discrimination Under the Rehabilitation Act: When a Physician Refuses to Treat, Who
is Liable?", 42 DePaul Law Review 505 (Fall 1992) (Nancy A. Moore).
Comment, "Ethics and AIDS: A Summary of the Law and a Critical Analysis of the Individual Physician's
Ethical Duty to Treat," 16 American Journal of Law & Medicine 249 (1990).
Comment, "Hospitals and AIDS Discrimination: Applicability of Federal Discrimination Laws to HCWS
and Staff Physicians," 6 Journal of Contemporary Health Law & Policy 193 (Spring 1990).
Comment, "OMB Involvement in FDA Drug Regulations: Regulating the Regulators," 38 Catholic
University Law Review 175 (Fall 1988).
Comment, "Testimony and the Health Industry's Response to the AIDS Epidemic," 18 Ohio Northern
University Law Review 687 (1992).
Comment, "The Conflict Between a Doctor's Duty to Warn a Patient's Sexual Partner that the Patient has
AIDS and a Doctor's Duty to Maintain Patient Confidentiality," 45 Washington & Lee Law Review 355
(Winter 1988).
Comment, "The Right of Privacy in Choosing Medical Treatment: Should Terminally Ill Persons Have
Access to Drugs Not Yet Approved by the Food and Drug Administration?", 20 John Marshall Law
Review 693 (Summer 1987)
Crossley, Mary A., "Of Diagnoses and Discrimination: Discriminatory Nontreatment of Infants with HIV
Infection," 93 Columbia Law Review 1581 (November 1993).
Daniels, "Duty to Treat or Rights to Refuse?", 21 Hastings Center Report No. 2, 36 (March-April 1991).
DeSario, Jack P., and James D. Slack, "The ADA and Refusals to Provide Medical Care to Persons With
HIV/AIDS," 27 John Marshall Law Review 347 (Winter 1994).
Dornette, "Confidentiality Issues," ch.15, AIDS and the Law (Dornette, ed.) (1987).
Eaglstein, "Overview of the Reproposed and Final IND Regulations Concerned with the Treatment Use
and Sale of Investigational New Drugs: The Congressional Perspective," 43 Food Drug Cosmetic Law
Journal 435 (March 1988).
Eldridge, "Formulating AIDS Policy," 9 Journal of Legal Medicine 519 (December 1988).
English & Gates, "Drugs and AIDS: Meeting the Health Care Needs of Women and Children," 25
Clearinghouse Review 361 (1991).
Felix, Mueller & Schmid, "AIDS in the Long-Term Care Setting," 7 St. Louis Univ. Public Law Review 115
(1988).
Forrester, "AIDS: The Responsibility to Care," 34 Villanova Law Review 799 (1989).
Fox, "Reproductive Health Care, AIDS and Public Policy in Missouri," 53 Missouri Law Review 659 (Fall
1988).
Fox, "Physicians versus Lawyers: A Conflict of Cultures," AIDS and the Law: A Guide for the Public,
ch.15 (Yale Univ. Press, 1987).
Fox & Thomas, "AIDS Cost Analysis and Social Policy," 15 Law, Medicine & Health Care 186 (Winter
1987/88).
Freedman, "Nonvalidated Therapies and HIV Disease," 19 Hastings Center Report No. 3, 14 (May/June
1989).
Fun, "HIV-Infected Healers: Do Patients Have a Right to Know?", 21 The Brief No. 4, page 6 (Summer
1992).
Furrow, Barry R., "AIDS and the Health Care Provider: The Argument for Voluntary HIV Testing," 34
Villanova Law Review 823 (1989).
Furrow, Barry R., "Forcing Rescue: The Landscape of Health Care Provider Obligations to Treat Patients,"
3 Health Matrix Journal of Law-Medicine 31 (1993).
Gabel, Jody B., "Release From Terminal Suffering? The Impact of AIDS on Medically Assisted Suicide
Legislation," 22 Florida State University Law Review 369 (Fall 1994).
Gavzy & Hetzel, "To Treat or Not to Treat: Healthcare Providers' Duties," New Jersey Lawyer No. 126, 52
(January/February 1989).
Geraghty, "AIDS and the Physician's Duty to Treat," 10 Journal of Legal Medicine 47 (March 1989).
Gerry, "Section 504 of the Rehabilitation Act, HIV and AIDS: Legal Implications," 4 Issues in Law &
Medicine 175 (Fall 1988)(right to treatment issues in the context of handicap discrimination law).
Gibeaut, John, "Filling A Need," American Bar Association Journal (July 1997), 48-54 (Cover Story on
HIV Discrimination Cases Against Dentists).
Gostin, "Hospitals, Health Care Professionals, and AIDS: The "Right to Know" the Health Status of
Professionals and Patients," 48 Maryland Law Review 12 (1989).
Gramelspacher & Siegler, "Do Physicians Have a Professional Responsibility to Care for Patients with HIV
Disease?", 4 Issues in Law & Medicine 383 (Winter 1988).
Gravely, "Annual Survey of Virginia Law: Health Care Law," 22 University of Richmond Law Review 667
(Summer 1988).
Gunderson, Mayo & Rhame, AIDS: Testing and Privacy (University of Utah Press, Salt Lake City, 1989).
Hall, "Bad Blood: Blood Industry's Immunity From Liability for Transfusion-Borne Disease," 12 Journal of
Products Liability 25 (1989).
Harris, "AIDS and the Future," 4 Issues in Law & Medicine 141 (Fall 1988) (discussion of anticipated
problems in providing health care to PWA's in the future).
Hermann, "Liability Related to Diagnosis and Transmission of AIDS," 15 Law, Medicine & Health Care
Nos. 1-2, 36 (Summer 1987).
Hermann & Gorman, "Hospital Liability and AIDS Treatment: The Need for a National Standard of
Care," 20 Univ. of California at Davis Law Review 441 (Spring 1987).
Hirsh, "A Visitation With AIDS (Part VIII)," 37 Medical Trial Technique Quarterly 146 (1990) (informed
consent issues).
Hirsh, "A Visitation With AIDS (Part XI)," 38 Medical Trial Technique Quarterly 1 (1991) (modes of
treatment).
Holder, "The Biomedical Researcher and Subpoenas: Judicial Protection of Confidential Medical Data," 12
American Journal of Law & Medicine 405 (1986).
Hollowell & Eldridge, "Constitutional Law: Subsistence, Equal Opportunity, and the Individual Diagnosed
with HIV," 9 Journal of Legal Medicine 561 (December 1988).
Jackson, Mark H., and Nan D. Hunter, "`The Very Fabric of Health Care': The Duty of Health Care
Providers to Treat People Infected by HIV," in AIDS Agenda (New Press, 1992).
Jonsen, "The Duty to Treat Patients with AIDS and HIV Infection," in Gostin (ed.), AIDS and the Health
Care System (Yale Univ. Press, 1990).
Kelly, "Overview of Health Care Issues," ch.14, AIDS and the Law (Dornette, ed.)(1987).
Kern, "Hippocrates or Hypocrisy: Treatment Economics," New Jersey Lawyer No. 126, 28
(January/February 1989).
Keyes, "Health-Care Professionals With AIDS: The risk of Transmission Balanced Against the Interests of
Professionals and Institutions," 16 Journal of College and University Law 589 (Spring 1990).
Labowitz, Kenneth, "Refusal to Treat HIV-AIDS Patients," 28 Trial No. 3, 58 (March 1992).
Leech, Bruce E., "The Right of the HIV-Positive Patient to Medical Care: An Analysis of the Costs of
Providing Medical Treatment," 9 South African Journal on Human Rights 39 (1993).
Lo, "Ethical Dilemmas in HIV Infection: What Have We Learned?", 20 Law, Medicine & Health Care 92
(Spring-Summer 1992).
Lo, "Obligations to Care for Persons with Human Immunodeficiency Virus," 4 Issues in Law & Medicine
367 (Winter 1988).
Lunde, "Informed Consent and the HIV-Positive Physician," 38 Medical Trial Technique Quarterly 186
(1991).
Mariner, "Access to Health Care and Equal Protection of the Law: The Need for a New Heightened
Scrutiny," 12 American Journal of Law & Medicine 345 (1986).
Mariner & Gallo, "Getting to Market: The Scientific and Legal Climate for Developing an AIDS Vaccine,"
15 Law, Medicine & Health Care Nos. 1-2, 17 (Summer 1987).
Mayer, Connie, "HIV-Infected Prisoners: What Mental Health Services Are Constitutionally Mandated?,"
23 Journal of Psychiatry & Law 517 (Winter 1995).
McDonald, "Ethical Problems for Physicians Raised by AIDS and HIV Infection: Conflicting Legal
Obligations of Confidentiality and Disclosure," 22 University of California at Davis Law Review 557
(Winter 1989).
Mehrali, "DDS vs. HIV: A Perspective on Dental Practices," 38 Medical Trial Technique Quarterly 103
(1991).
Montoya, Mauro A., Jr., "If I Tell You, Will You Treat Me?," 27 John Marshall Law Review 363 (Winter
1994).
National Health Law Program, Legal Rights to Health Care for Persons With AIDS, 23 Clearinghouse
Review No. 1, 30 (May 1989)(Spanish/English brochure on rights and programs).
Norris, "The FDA's AIDS Program," 12 Nova Law Review 1103 (Spring 1988).
Notable Student Work, "Accelerated FDA Approval of Investigational New Drugs: Hope for Seriously Ill
Patients," 94 Dickinson Law Review 1037 (Summer 1990).
Note, "Access to Medical Care for HIV-Infected Individuals Under the Americans With Disabilities Act: A
Duty to Treat," 18 American Journal of Law & Medicine 233 (1992) (Jill Cohen).
Note, "AIDS and Dentistry," 29 Valparaiso University Law Review 297 (Fall 1994) (Marjorie H. Lawyer).
Note, "Brother Can You Spare a Drug: Should the Experimental Drug Distribution Standards be Modified
in Response to the Needs of Persons With AIDS?" 19 Hofstra Law Review 191 (Fall 1990).
Note, "Expediting FDA Approval of AIDS Drugs: An International Approach," 13 Boston University
International Law Journal 229 (Spring 1995) (Julie C. Relihan).
Note, "`Implied Consent' Statutes for HIV Testing by an Individual's Physician -- Responsible Legislation
Advancing HIV Solely as Medical Problem," 1 San Diego Justice Journal 425 (Summer 1993) (Pamela
McKay Shaw).
Note, "Importing AIDS Drugs: Food and Drug Administration Policy and Its Limitations," 28 George
Washington Journal of International Law and Economics 133 (1994) (Eric Lindemann).
Note, "Physicians With AIDS and Their Duty to Patients," 43 Florida Law Review 561 (July 1991).
Note, "The Americans With Disabilities Act: Magic Bullet or Band-Aid for Patients and Health Care
Workers Infected with The Human Immunodeficiency Virus?", 57 Brooklyn Law Review 1277 (Winter
1992) (Joel Neugarten).
Note, "The Physician's Duty to Treat Persons with AIDS," 27 New England Law Review 565 (Winter
1992) (Lynn Deitzer).
Note, "The Right to Produce AZT: A Matter of Legal Right, Greed, Fortune or Fame: Burroughs
Wellcome Co. v. Barr Laboratories, Inc., 3 Journal of Pharmacy & Law 241 (1994) (Sean Thomasson).
Note, "Vaccinating AIDS Vaccine Manufacturers Against Product Liability," 42 Case Western Reserve
Law Review 207 (1992).
O'Brien, "A Legislative Initiative: The Ryan White Comprehensive AIDS Resources Emergency Act of
1990," 7 Journal of Contemporary Health Law and Policy 183 (Spring 1991).
Patterson, "Health Care Choice and the Constitution: Reconciling Privacy and Public Health," 42 Rutgers
Law Review 1 (Fall 1989) (considers rights of access to experimental treatments for persons with AIDS).
Pellegrino, "HIV Infection and the Ethics of Clinical Care," 10 Journal of Legal Medicine 29 (March
1989).
Peterson, "AIDS: The Ethical Dilemma for Surgeons," 17 Law, Medicine & Health Care 139 (Summer
1989).
Retkin, Randye, Gary L. Stein, and Barbara Hermie Draimin, "Attorneys and Social Workers
Collaborating in HIV Care: Breaking New Ground," 25 Fordham Urban Law Journal 533 (1997-98).
Roche, "Admission of AIDS Patients to the Long-Term Care Facility: Protections Under Federal and
Washington State Law," 24 Gonzaga Law Review 85 (1988/89).
Rogers, "The Medical Profession and AIDS," 10 Journal of Legal Medicine 1 (March 1989).
Salbu, Steven R., "AIDS and Drug Pricing: In Search of a Policy," 71 Washington University Law
Quarterly 691 (Fall 1993).
Salbu, Steven R., "HIV Home Testing and the FDA: The Case for Regulatory Restraint," 46 Hastings Law
Journal 403 (January 1995).
Salbu, Steven R., "Regulation of Drug Treatment for HIV and AIDS: A Contractarian Model of Access,"
11 Yale Journal on Regulation 401 (Summer 1994).
Silva, Leong & Weinstock, "An HIV-Infected Psychiatric Patient: Some Clinicolegal Dilemmas," 17
Bulletin of American Academy of Psychiatry and the Law 33 (1989).
Skiver, Stephen A., and James A. Hickey, "AIDS: Legal Issues 1992," 19 Ohio Northern University Law
Review 839 (1993) (right to treatment and malpractice issues - summary of Ohio and neighboring states
1992 developments).
Spece, "AIDS: Due Process, Equal Protection, and the Right to Treatment," 4 Issues in Law & Medicine
283 (Winter 1988).
Student Article, "The Permissibility of Routine AIDS Testing in the Health Care Context," 5 Notre Dame
Journal of Law, Ethics & Public Policy 223 (1990)(student author: Ziyad Naccasha).
Survey, "The Need for Improved Access to Experimental Drug Therapy: AIDS Activists and Their Call for
a Parallel Track Policy," 4 Administrative Law Journal 589 (Winter 1991).
Tendler, "Confidentiality: A Biblical Perspective on Rights in Conflict," 4 National Jewish Law Review 1
(1989).
Tucker, "Section 504 of the Rehabilitation Act After Ten Years of Enforcement: The Past and the
Future," 1989 University of Illinois Law Review 845.
Vogel, "AIDS and the Politics of Drug Lag," 96 The Public Interest 73 (Summer 1989).
Waters, "Obtaining Experimental Drugs for Severely Ill Clients: The Dilemma Caused by AIDS," Florida
Bar Journal (May 1989), 7.
Watson, Sidney, "Reinvigorating Title VI: Defending Health Care Discrimination -- It Shouldn't Be So
Easy," 58 Fordham Law Review 939 (April 1990).
Weimer, "Beyond Parens Patriae: Assuring Timely, Informed, Compassionate Decisionmaking for HIV-
Positive Children in Foster Care," 46 University of Miami Law Review 379 (November 1991).
Young, "Excerpts from Speeches of Interest Promoting Drug Development Against AIDS and the HIV
Infection," 43 Food Drug Cosmetic Law Journal 215 (January 1988)(selections from speeches by
Commissioner Young of FDA).
Young, "Remarks at the Food and Drug Law Institute's 32nd Annual Education Conference...," 44 Food
Drug Cosmetic Law Journal 1 (January 1989).
Women & AIDS
Amaro, Hortensia, "Love, Sex, and Power: Considering Women's Realities in HIV Prevention," 50
American Psychologist 437 (June 1995).
Banks, Taunya Lovell, "Reproduction and Parenting," AIDS Law Today: A New Guide for the Public, ch.
10 (Yale Univ. Press, 1993).
Banks, Taunya Lovell, "Women and AIDS -- Racism, Sexism, and Classism," 17 New York University
Review of Law & Social Change 351 (1989-90).
Barnett, Carol Beth, "The Forgotten and Neglected: Pregnant Women and Women of Childbearing Age in
the Context of the AIDS Epidemic," 23 Golden Gate University Law Review 863 (Summer 1993).
Boockvar, Kathryn, "Beyond Survival: The Procreative Rights of Women With HIV," 14 Boston College
Third World Law Journal 1 (Winter 1994).
Chavkin, Weny, Deborah Elman, and Paul H. Wise, "Mandatory Testing of Pregnant Women and
Newborns: HIV, Drug Use, and Welfare Policy," 25 Fordham Urban Law Journal 749 (1997-98).
Comment, "Controlling HIV-Positive Women's Procreative Destiny: A Critical Equal Protection Analysis,"
2 Seton Hall Law School Constitutional Law Journal 643 (Spring 1992).
Cooper, Elizabeth, "Introduction," 25 Fordham Urban Law Journal 719 (1997-98)(Symposium on
Mandatory Testing of Pregnant Women and Newborns).
Crawford, Colin, "Changing Positions and Entrenched Polemics: A Brief History of the Association to
Benefit Children's Views on Pediatric HIV Testing, Cousneling, and Care," 25 Fordham Urban Law
Journal 729 (1997-98).
English & Gates, "Drugs and AIDS: Meeting the Health Care Needs of Women and Children," 25
Clearinghouse Review 361 (1991).
Field, Martha A., "Pregnancy and AIDS," 52 Maryland Law Review 402 (1993).
Gallagher-Mackay, Kelly, "Routine Offering of HIV Tests to Pregnant Women: Foetal Supremacy, Medical
Authority, and Invisible Effects on Women," 9 Canadian Journal of Women and the Law 336 (1997).
Gittler, Josephine & Marle McPherson, "Introduction to Symposium on HIV Infection Among Women of
Reproductive Age, Children, and Adolescents," 77 Iowa Law Review 1283 (May 1992).
Gittler, Josephine, & Sharon Rennert, "HIV Infection Among Women and Children and
Antidiscrimination Laws: An Overview," 77 Iowa Law Review 1313 (May 1992).
Gruskin, Sofia, "Negotiating the Relationship of HIV/AIDS to Reproductive Health and Reproductive
Rights," 44 American University Law Review 1191 (April 1995).
Howlett, J.P., "Women and HIV: The Barriers to Protection," 5 Circles: The Buffalo Women's Journal of
Law & Social Policy 20 (1997).
Hunter, Nan D., "Complications of Gender: Women and HIV Disease," in AIDS Agenda (New Press,
1992).
Jackson, Helen, "Societal Determinants of Women's Vulnerability to HIV Infection in South Africa," 2
Health and Human Rights No. 4, 9 (1998).
Kass, Nancy E., Holly A. Taylor & Patricia A. King, "Harms of Excluding Pregnant Women from Clinical
Research: The Case of HIV-Infected Pregnant Women," 24 Journal of Law, Medicine & Ethics 36 (Spring
1996).
Marcus, David K., and Roger Bibace, "A Developmental Analysis of Female Prisoners' Conceptions of
AIDS," 20 Criminal Justice and Behavior 240 (September 1993).
Margulies, Peter, "Asylum, Intersectionality, and AIDS: Women With HIV as a Persecuted Social Group,"
8 Georgetown Immigration Law Journal 512 (1994).
Mayersohn, Nettie, "The `Baby AIDS' Bill," 25 Fordham Urban Law Journal 721 (1997-98).
McGovern, Theresa M., "Mandatory HIV Testing and Treating of Child-Bearing Women: An Unnatural,
Illegal, and Unsound Approach," 28 Columbia Human Rights Law Review 469 (Spring 1997).
Merton, Vanessa, "The Exclusion of Pregnant, Pregnable, and Once-Pregnable People (A.K.A. Women)
From Biomedical Research," 19 American Journal of Law & Medicine 369 (1993).
Meyer, Cheryl L., "The Transmission of HIV Through Donor Semen," 15 Women's Rights Law Reporter
115 (Winter/Spring 1993-94).
Murphy, Dianne, "Women in Clinical Trials: HIV-Infected Women," 48 Food and Drug Law Journal 175
(1993).
Naber, John M., and David R. Johnson, "Mandatory HIV Testing Issues in State Newborn Screening
Programs," 7 Journal of Law and Health 55 (1992-93).
Note, "At What Cost?: An Argument Against Mandatory AZT Treatment of HIV-Positive Pregnant
Women," 32 Harvard Civil Rights - Civil Liberties Law Review 491 (Summer 1997) (Samantha Catherine
Halem).
Note, "Balancing Risks and Rights: HIV Testing Regimes for Pregnant Women," 4 Cornell Journal of Law
& Public Policy 609 (Spring 1995) (Karen L. Goldstein).
Note, "Newborn HIV Screening and New York Assembly Bill No. 6747-B: Privacy and Equal Protection of
Pregnant Women," 21 Fordham Urban Law Journal 857 (Spring 1994) (Kevin J. Curnin).
Note, "Off the Pedestal and Into the Arena: Toward Including Women in Experimental Protocols," 19
New York University Review of Law & Social Change 205 (1991-92) (Hayley Gorenberg & Amanda
White).
Note, "Prenatal HIV Testing Under Ohio Revised Code Section 3701.242: The Doctors' Dilemma and the
State's Shame," 22 University of Dayton Law Review 301 (Winter 1997).
Note, "Rights Discourse and Mandatory HIV Testing of Pregnant Women and Newborns," 6 Journal of
Law and Policy 187 (1997).
Note, "The Condom Crisis: An Application of Feminist Legal Theory to AIDS Prevention in African
Women," 3 Indiana Journal of Global Legal Studies 413 (Spring 1996) (Anne N. Arbuckle).
Note, "Women in Prison With AIDS: An Assault on the Constitution?", 64 Southern California Law
Review 741 (March 1991).
Post, Linda Farber, "Bioethical Consideration of Maternal-Fetal Issues," 25 Fordham Urban Law Journal
757 (1997-98)(Symposium on Mandatory Testing of Pregnant Women).
Preble, "Women, Children and AIDS in Africa: An Impending Disaster," 23 New York University Journal
of International Law & Politics 959 (Summer 1991).
Recent Developments, "Empowering Women to Stop AIDS in Code D'Ivoire and Uganda," 6 Harvard
Human Rights Journal 210 (Spring 1993).
Sangree, Suzanne, "Control of Childbearing by HIV-Positive Women: Some Answers to Emerging Legal
Policies," 41 Buffalo Law Review 309 (Spring 1993).
Special Project, "The Disfranchisement of Fertile Women in Clinical Trials: The Legal Ramifications of and
Solutions for Rectifying the Knowledge Gap," 45 Vanderbilt Law Review 877 (May 1992).
Symposium, "HIV Infection Among Women of Reproductive Age, Children, and Adolescents," 77 Iowa
Law Review 1313 (May 1992).
Symposium, "Mandatory Testing of Pregnant Women and Newborns: HIV, Drug Use, and Welfare Policy,"
25 Fordham Urban Law Journal 719-776 (1997-98).
Taylor, Allyn L., "Women's Health at a Crossroad: Global REsponses to HIV/AIDS," 4 Health Matrix:
Journal of Law-Medicine 297 (Summer 1994).
"Women and HIV: Breaking the Silence" (symposium of short commentaries), 9 Berkeley Women's Law
Journal 144 (1994).
Zarembka, Arlene & Katherine Franke, "Women in the AIDS Epidemic: A Portrait of Unmet Needs," 9
St. Louis University Public Law Review 519 (1990).
