Selected HIV/AIDS Law and Policy Resources

For students, researchers, advocates, and individuals with HIV, there's a wealth of information about AIDS/HIV legal and policy issues. Here I've tried to narrow the field to what I think will be most helpful within several categories. If you have suggestions for additional listings, please send me an e-mail.

General Interest (U.S.)
AIDS Coordination Project, Directory of Legal Resources for People with AIDS & HIV (American Bar Ass'n, Third Edition, 2001, updated April 2003 ).

For anyone who ever needs to make a legal referral in another geographic area in the U.S., this directory is indispensable. The emphasis here is on free legal services, and all states and U.S. territories and possessions are included, as are Canadian organizations. The Directory is now available on the Internet for viewing or download as a PDF file.
 
 Scott Burris et al. eds., AIDS Law Today: A New Guide for the Public (Yale U. Press, 1993, 462 pp., paperback, $15).
 
Although it's now somewhat dated, this reasonably priced paperback remains a valuable introduction to the subject. The 18 chapters by 17 contributing authors provide comprehensive coverage of HIV legal issues. In particular, Scott Burris's chapter on "Testing, Disclosure, and the Right to Privacy" is an insightful essay on HIV infection and health care professionals and should be read in tandem with the case it discusses, In re Milton S. Hershey Medical Center, 634 A.2d 159 (Pa. 1993), aff'g 595 A.2d 1290 (Pa. Super. Ct. 1991).
 
 Arthur S. Leonard et al., AIDS Law and Policy: Cases and Materials (John Marshall Pub. Co., 2d ed. 1995, 594 pp., softcover, $59).
 
This fairly traditional law school casebook on a non-traditional subject excerpts a wealth of primary source materials, ranging from court opinions to newspaper articles. Copious references to other sources are provided, and the indefatigable authors never to tire of posing questions to test the reader's understanding of the issues. A text that should by no means be confined to law school classrooms.

 William B. Rubenstein et al., The Rights of People Who are HIV Positive: The Authoritative ACLU Guide to the Rights of People Living with HIV Disease and AIDS (Southern Ill. U. Press, 1996, 400 pp., paperback, $13.95).
 
The title may be cumbersome, but at least it's accurate: this really is an authoritative guide. Written in a question-and-answer format, there's not much that this book doesn't cover. Although it's written with the lay reader in mind, notes to the text provide case and statutory citations, making it a handy introduction for professional students and practitioners looking for a entry point into this area of the law. In the U.S., call 1-800-775-ACLU to order a copy.
 
 Sources on Confidentiality--Case Reporting--HIV Testing Issues
 
Here are some of the sources that provide insight into the dispute over the future direction of HIV public health policy. The Atlantic Monthly magazine online has featured debate on this subject. The ACLU has a persuasive position paper on the subject, HIV Surveillance and Name Reporting: A Public Health Case for Protecting Civil Liberties (Oct. 1997), which can be ordered from the ACLU for $1.00 (1-800-775-ACLU) or accessed via the ACLU's website.

International and Non-U.S. Law
AIDS Law Project & Lawyers for Human Rights (South Africa), HIV/AIDS and the Law: A Resource Manual (1997, 316 pp, softbound, R30 to nonprofit organizations, R50 to commercial organizations).
 
This guidebook to the law in South Africa provides thorough coverage of legal issues. For legal practitioners and writers worldwide, it is an outstanding example of legal writing for the general public, creatively using graphics and other text-enhancing devices in its presentation. Should be a model for others in writing about HIV legal issues for the general reader. Updates are available. For ordering information, e-mail AIDS Law Project, Centre for Applied Legal Studies, U. of the Witwatersrand, South Africa.

Canadian HIV/AIDS Legal Network
 
Founded in 1992, the Canadian HIV/AIDS Legal Network undertakes research, education and advocacy to promote the human rights of people living with or vulnerable to HIV/AIDS, in Canada and around the world (the Network cannot provide legal assistance to individuals). The Network researches and publishes outstanding reports and fact sheets in a number of areas including criminal law, testing and confidentiality, discrimination, disability issues, drug policy, prisons, vaccine and microbicide development, and global access to essential medicines. Although focused on Canadian law and policy, legal and policy issues in other countries are frequently discussed and referenced. The Network also publishes the Canadian HIV/AIDS Policy and Law Review three times a year, with summaries of important Canadian and international cases and discussion of new developments in the law. These publications are available through the Network's website. Print copies can be ordered through the Canadian HIV/AIDS Information Centre, telephone (613) 725-3434, email mailto:aidssida@cpha.ca.
 
 Lawrence O. Gostin & Zita Lazzarini, Human Rights and Public Health in the AIDS Pandemic (Oxford U. Press, 1997, 229 pp., hardbound, $29.95).
 
The latest among several books that address the pandemic from an international law perspective, this concise treatment of the subject includes a particularly useful analytical tool: a seven-step process for the critical evaluation public health policies, which the authors then apply in a variety of policy areas, ranging from prevention and education activities to travel and immigration restrictions. Three case studies in policy conflict are also presented: health care workers with HIV, breast feeding and vertical transmission of HIV, and third-party (partner) notification and confidentiality.

Blood Product Transmission

Institute of Medicine, HIV and the Blood Supply: An Analysis of Crisis Decisionmaking (Nat'l Academy Press, Lauren Leveton et al. eds., 1995, 352 pp., hardbound, $47.95).
 
Prepared by a expert committee established by the U.S. Department of Health and Human Services, this is a definitive account of the failure to prevent HIV transmission via blood products during the 1980s. Among its 14 recommendations, the recommendation that the federal government establish a no-fault compensation system has yet to be acted on, although legislation has been introduced in Congress: Ricky Ray Hemophilia Relief Fund Act of 1997, H.R. 1023.

 
Robert K. Jenner, Transfusion-Associated AIDS (Lawyers & Judges Pub. Co., 1995, 364 pp., hardbound, $65).
 
The primary author, Robert K. Jenner, is a highly experienced litigator of blood and blood product HIV transmission cases. He provides an excellent primer on litigation in this area. Nearly one-third of the book is an appendix reprinting some of the legally significant documents from the early years of the epidemic, such as minutes of the National Hemophilia Foundation.

Medicinal Marijuana

Lester Grinspoon & James B. Bakalar, Marihuana, The Forbidden Medicine (Yale U. Press, 2d ed. 1997, $16)
 
Although it's by no means exclusively an HIV/AIDS issue, the question of availability of marijuana for medicinal purposes has been given significant impetus from the AIDS epidemic. Grinspoon & Bakalar provide an excellent overview of the subject in this revised and enlarged 1997 edition.

Internet resources includethe Marijuana Policy Project, which provides, among its many informational resources, tracking of federal and state legislation on medical use of marijuana.
Also, the Drug Policy Alliance is an excellent source for materials on medicinal marijuana, including a copy of court documents that resulted in a preliminary injunction in Conant v. McCaffrey, 172 F.R.D. 681 (N.D. Cal. 1997), against the federal government's threat to prosecute physicians, revoke their licenses, or limit their participation in Medicaid or Medicare if they recommend the medical use of marijuana.

Syringe Exchange

Institute of Medicine, Preventing HIV Transmission: The Role of Sterile Needles and Bleach (Nat'l Academy Press, Jacques Normand et al. eds., 1995, 351 pp., hardbound, $47.95).
 
This book resulted from an Act of Congress; nevertheless, contrary to the authors' recommendation, neither Congress nor federal health officials have acted to make federal funds available to support syringe exchange programs. Similarly, some states, such as New Jersey, oppose syringe exchange programs and criminally prosecute syringe exchange volunteers.
 
Lawrence O. Gostin & Zita Lazzarini, Prevention of HIV/AIDS Among Injection Drug Users: The Theory and Science of Public Health and Criminal Justice Approaches to Disease Prevention , 45 Emory L.J. 587 (1997).
 
This 100-page law review article is a significantly expanded version of an article that previously appeared in the Journal of the American Medical Association (JAMA) and was developed at an expert consultation at the Carter Presidential Center under the auspices of the CDC. Among the authors' recommendations: exemption of syringe exchange programs from criminal prohibitions on transfer and possession of drug paraphernalia and repeal of syringe prescription laws.

The Drug Policy Alliance and Project SERO - Syringe Exchange Resources Online are two excellent online sources for materials on syringe exchange issues.

Reporting Services/Newsletters

AIDS Policy & Law
 
This biweekly newsletter is noteworthy for its frequent reports of otherwise unreported case filings, settlements, and rulings, as well as legislative and regulatory updates. With an annual subscription price of $487, it's out of reach for many individuals, but an important resource for institutional libraries. Published by LRP Publications, telephone: (215) 784-0860.
 
 
Lesbian/Gay Law Notes
 
This superb monthly publication of the Lesbian and Gay Law Association of Greater New York is edited and chiefly written by Prof. Arthur Leonard of New York Law School and reports on AIDS legal developments. Case summaries are primarily based on the recent opinions reported by WestLaw. Annual case compilations are provided. Subscriptions are available for the paper version (a bargain indeed -- only $45 annually), but an electronic version is available gratis via the Internet. Prof. Leonard also maintains a comprehensive bibliography of HIV/AIDS law review articles and related publications at the same website.

Occupations - Labor Market Data - Work Incentives - Labor Law

• Attorneys representing individual employees in cases involving employment discrimination, wrongful termination, employee benefits and other employment-related matters

ESI - Employment Support Institute, Virginia Commonwealth University O*NET - Occupational Information Network - Dept. of Labor (eventual DOT replacement)

Locator Links: Finding People (alive & "other"), Businesses and Organizations:
Social Security DMF [Death Master File] - Free search via Ancestry.Com - powerful
BigFoot - E-mail, phone and street address listings
InfoSpace - Another leader: Names, addresses, driving directions
Switchboard - Also strong - phones, street addresses & e-mail
WhoWhere? - Phones, street addresses & e-mail
Yahoo! People Search - Takes advantage of the Four11 database
1-800-U.S. Search - When all else fails, pay these folks to do the search
KnowX - "Adverse" public records, with free and fee portions
Area Code Finder
World Time Finder
Other Resources
Directory of Federal Agencies
FirstGov - U.S. Government Web Portal
GILS (Government Information Locator Service)
DOE: Human Radiation Experiments
White House

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