JUDICIAL SYSTEM APPELLATE COURTS STATE LAW LIBRARY TRIAL COURTS ALALINC
Overview Tour Staff Law Library Catalog Alalinc


 
Library Research Guides


AIDS and Right of Privacy


This guide is descriptive of the degree to which AIDS has penetrated some of the primary structures of society, especially those related to law, ethics and politics, and focuses on the implications for the right to privacy of infected individuals. Workplace rules and individual privacy concerns have both been affected by the advent of the AIDS Virus. It is is divided into two parts: first, periodical articles; second, treatises. Consult the Digest, Westlaw or other legal databases for current case law. This guide is structured to assist individuals interested in a broad overview as well as those whose research concerns are more specific. This is merely a research aid; it is not exhaustive. The period covered is from 1985 to 1996.

Periodical Articles


Abbot, Debra A. "Workplace Exposure to AIDS." 48 Maryland Law Review. Winter 1989. 212-245. This symposium explores the relationship between employees and employers regarding AIDS. This article suggest that the risk of workplace exposure is too low to justify the invasion of privacy in general.

Best, Thomas E. Harris v. Thigpen: "Segregating HIV positive inmates in the Alabama Correctional System." 43 Mercer Law Review. Summer 1992. 1263-1289. This is a casenote that begins with a brief background of HIV testing and how correctional facilities have dealt with the disease in the past. It then examines similar cases and situations and analyzes the case itself.

Bollow, Richard C. and Daryl J. Lapp. "Protecting the Confidentiality of Blood Donors' Identities in AIDS litigation." 37 Drake Law Review. Spring 1988. 343-375. This article gives the strengths and weaknesses of keeping blood donors' identities confidential with regards to the hospital and blood bank. It addresses the issue of the extent to which identities of volunteer blood donors can be protected given the rising volume of AIDS litigation involving blood banks and hospitals.

Brandt, Edward N., "Introduction: Health Care Workers and AIDS." 48 Maryland Law Review. 1989, no. 1. 1-11. This symposium considers the disease and its effects on the medical profession. It offers an overview of the disease relationship to the health care worker who both faces risk of infection and has the primary duty to warn third persons who might be at risk of infection.

Branham, Lynn Sanders. "Opening the Bloodgates: The Blood Testing of Prisoners for the AIDS Virus." 20 Connecticut Law Review. Summer 1988. 763-811. This is a discussion of the legal questions concerning the blood testing of all prisoners for the AIDS virus. The mains issue is the extent to which prisoners retain a right of privacy, or should they be extended that right.

--- "California Court Bolsters AIDS Privacy Right." 4 col in. 13 The National Law Journal. Jan 28, 1991. p 6 col 1. This is a short article that describes the case of Estate of Urbaniak v. Newton. The case involves hospital patients who are HIV or AIDS positive who desire to have this information kept confidential.

--- "A Call for Mandatory HIV Testing and Restriction of Certain Health Care Professionals." 9:2 Saint Louis University Public Law Review. (1990): 421-438. The author supports the idea of mandatory HIV testing for health care professionals who are engaged in activities of a physically invasive nature but opposes mandatory HIV testing for the general population. (Not Available in Law Library)

Campbell, Emily. "Mandatory AIDS testing and privacy: A Psycholegal Perspective." 66 North Dakota Law Review. Summer 1990. 449-494. The concept of privacy and the constitutionality of such a testing program is discussed.

Closen, Michael L. "Mandatory Disclosure of HIV blood test results to the individuals tested: A matter of Personal Choice neglected." 22 Loyola University of Chicago Law Journal. Winter 1991. 445-478. This article is concerned with an individual's right not to know the results of medical testing for HIV. The author argues in favor of a freedom not to be apprised of results.

Closen, Michael L.; Connor, Susan Marie; Kaufman, Howard L.; and Wojcik, Mark E. "AIDS in America: Death, Privacy and the Law." 14 Human Rights. Summer 1987. 26-29, and 48-52. This article provides a survey of relevant constitutional and federal statutory law.

Closen, Michael L.; Connor, Susan Marie; Kaufman, Howard L.; and Wojcik, Mark E. "AIDS: Testing democracy-irrational responses to the public health crisis and the need for privacy in serologic testing." 19 John Marshall Law Review. Summer 1986. 835-928.

Collier Stephen. "Preventing the Spread of AIDS by Resisting Sexual Conduct in Gay Bathhouses: A Constitutional Analysis." 15:2 Golden State University Law Review (Summer 1985): 301-330. This article begins with a discussion of the privacy right, and its relationship to gay sexual intimacy in general. It also presents an analysis of the state's authority to limit sexual behavior in gay bathhouses.

Connolly, Walter B., Jr. and Alison B. Marshall. "An Employer's Legal Guide to AIDS in the Workplace." 9:2 Saint Louis University Public Law Review (1990):561-585. The Author notes the obvious need to consider relevant state and federal laws which might impact on their management decisions. (Not Available in Law Library)

Cordes, Renee. "Court backs confidentiality of HIV status." 30 Trial. April 1994. 92(1). The U.S. Court of Appeals for the Second Circuit ruled In Re Claim of John Doe v. City of New York that a press release on the settlement of New York employment discrimination charges filed by an HIV positive person violated that person's right to privacy because the release contained enough information to identify him.

Davie, Suzette Lewis. "Constitutional Law - Right of Privacy - The Privacy Interests of AIDS-Infected Blood Donors - Rasmussen v. South Florida Blood Services." 18 Cumberland Law Review. Fall 1987. 267-280. This is a casenote that addresses the issue of the right of blood donors to privacy versus the right of an individual to know whether or not he was exposed to AIDS as the result of a blood transfusion.

Doughty, Roger. "The confidentiality of HIV-related information: responding to the resurgence of aggressive public health interventions in the AIDS epidemic." 82 California Law Review. January 1994. 111-184. In this Comment, the author examines these new threats to confidentiality in light of three levels of confidentiality protection that now exist: statutory protection for HIV-specific information, statutory protection for medical information, and constitutional and common law privacy rights. The Author argues that, given the rapid pace of change in government policies surrounding HIV-related information, legal protections for confidentiality are inadequate to serve the dual function of preserving civil liberties and promoting public health. The author concludes by suggesting several ways of bolstering protections against future potential breaches of confidentiality.

Durkin, Joseph A. "Rasmussen v. South Florida Blood Service: The Balance Between Blood, Privacy, and the Need to Know." 20 John Marshall Law Review. Summer 1987. 823-837. This article describes the conflict between an individual's right to confidentiality and the need of other persons to gain information by looking at the Rasmussen decision.

Edgar, Harold and Hazel Sandomire. "Medical privacy issues in the age of AIDS: Legislative options." 16 American Journal of Law and Medicine. (Spring-Summer 1990): 155-222. This article surveys state legislation dealing with HIV related problems in medical privacy and antidiscrimination law.

Eisenstat, Steven. "An analysis of the rationality of mandatory testing for the HIV antibody: balancing the governmental public health interests with the individual's privacy interest." 52 University of Pittsburgh Law Review. (Winter 1991): 327-382.

Gostin, Larry. "Hospitals, Health Care Professionals, and AIDS: the 'Right to Know' the Health Status of Professionals and Patients." 48 Maryland Law Review. (1989:1): 12-54. This article argues that patients and health care professionals with HIV should have autonomy and privacy rights to choose whether to consent to an HIV test and to disclose their serologic status.

Gostin, Lawrence O., William J. Curran, and Mary E. Clark. "The Case against Compulsory Casefinding in Controlling AIDS-testing Screening and Reporting." 12:1 American Journal of Law & Medicine. (Spring 1986): 7-53. The author argues that because the AIDS virus is fatal, it is essential that uninfected persons be protected, and that infected persons be identified. However, the identification process must be voluntary and confidential.

Hanssens, Catherine A. and John V. Jacobi. "Blood testing of prisoners for the AIDS virus: A brief reply." 20 Connecticut Law Review. (Summer 1988): 813-834. The author contest that mandatory AIDS testing of prisoners is not only constitutionally permissible, but perhaps required.

Hard, Vallori K. "Mandatory Disclosure of AIDS Status by Health Care Workers." 21 Western State University Law Review. Fall 1993. 295-319. This paper reviews current information regarding AIDS and HIV and examines the issue of AIDS and HIV in the health care setting, including relevant legislation and case law.

Heaney, Gretta J. "The Constitutional rights of informational privacy: does it protect children suffering from AIDS?" 14 Fordham Urban Law Journal. (Fall 1986): 927-969. This article addresses the issue of whether or not children enjoy the same right of privacy regarding the distribution of information about themselves, as do adults. The author concludes that a child's right of privacy outweighs the right of the public to know.

Hermann, Donald H.J. "Criminalizing Conduct Related to HIV Transmission." 9:2 Saint Louis University Public Law Review. (1990): 351-378. The conclusion expressed in this article is that general criminal statutes are inappropriate vehicles for controlling the spread of the disease, while carefully-drawn, HIV-specific statutes might well be more useful in dealing with criminal HIV transmission behavior.(Not Available in Law Library)

Hermann, Donald H.J. and Rosalind D. Gagliano. "AIDS, Therapeutic Confidentiality, and Warning third Parties." 48 Maryland Law Review. (1989:1) 55-76. This article considers aspects of state and federal laws authorizing exceptions to confidentiality, and then considers the effects of such rulings.

Hogan, Grace Kathleen and Nicole Wertz. "Privacy, privilege and the right to know: disclosure of AIDS/HIV status in the physician-patient relationship." 11 St. John's Journal of Legal Commentary, Summer 1996. 805-841. The physician-patient relationship is highly respected in American society. Our legal system similarly recognizes the importance of this relationship by affording the physician-patient privilege. This privilege, however, is not absolute. The qualified nature of the privilege reflects the realization that even this relationship must occasionally yield to the public welfare.

Isaacman, Scott H. "The Other Side of the Coin: HIV-Infected Health Care Workers." 9:2 Saint Louis University Public Law Review. (1990): 349-494. Concerned with the possible consequences of HIV infected health care workers, the author examines the risks posed, the response of health care institutions, and the associated political responses at the federal and state levels. A level of risk analysis is made, and a sample hospital policy guide is presented.(Not Available in Law Library)

Kimmey, James R. "AIDS: As the Epidemic Evolves, the Controversies Do Not." 9:2 Saint Louis University Public Law Review. (1990): 343-350. The author notes how the growing AIDS problem has brought to light powerful questions relating to the public policy response to the disease. Education, HIV testing, needle exchanges, and privacy of individuals are considered, as well as a brief discussion of policy implications. (Not Available in Law Library)

Kirsh, Marla S. "AIDS: Anonymity in Donation Situations-Where Public Benefit Meets Private Good." 69 Boston University Law Review. Jan 1989. 187-212. Well organized into four separate parts, this Note considers whether or not blood donors have a constitutional right to remain anonymous. The author concludes that in order to maintain a safe and adequate blood supply it is necessary to keep blood donors' identities confidential.

Labowitz, Kenneth E. "Beyond Tarasoff:AIDS and the Obligation to Breach Confidentiality." 9:2 Saint Louis University Public Law Review. (1990): 495-517. The Tarasoff case, holding a psychotherapist responsible for failing to warn a third party of the threat posed by one of his patients, is at the basis of the author's claim that health care workers must ensure notification of third parties as to their potential risk of infection by that patient. (Not Available in Law Library)

Levine, Matthew L. "Contact tracing for HIV infection: a plea for privacy." 20 Columbia Human Rights Law Review. (Fall 1988): 157-201. The author addressed some of the key practical and legal considerations in the implementation and design of contact notification procedures, with a good deal of emphasis placed on the need for confidentiality.

Levy, Susan J. "The Constitutional Implications of Mandatory Testing for Acquired Immunodeficiency Syndrome-AIDS." 37 Emory Law Journal. Winter 1988. 217-248. This Comment responds to the issue of mandatory testing of AIDS in the United States. The author considers mandatory testing to be a severe intrusion into individuals' lives by the government.

McNamara, Joan N. "Protecting HIV Confidentiality After Urbaniak v. Newton: Will California's Constitution Provide Adequate Protection?" 29 California Western Law Review. Spring 1993. 471-493. This Note discusses the Urbaniak decision, investigates broad privacy protection, and concludes with recommendations for clear statutory protection.

Messitte, Peter J. "A Judicial Perspective on AIDS." 31 col. in. 10 The National Law Journal. Sept 5, 1988. p.13 col 1. This article discusses the fact that AIDS is not an issue that judges should be unprepared for. He compares AIDS and the issues surrounding the disease with other similar problems in America.

Nanula, Peter J. "Protecting Confidentiality in the Effort to Control AIDS." 24 Harvard Journal on Legislation. Winter 1987. 315-349. This Comment emphasizes the importance of protecting the confidentiality of potential and confirmed AIDS carriers. The author provides possible sources of legal protection of confidentiality and a model statute covering the changes that he suggests.

Pines, Deborah. "Segregation of Inmate Held Unconstitutional; Damages May Be Due HIV-Positive Prisoner." 14 col in. 206 New York Law Journal. Nov 19, 1991. p 1 col 5. This is a news article describing a case involving a prisoner who was segregated from other inmates after testing positive for HIV.

Price, Monroe E. "Searching For a New Paradigm; The AIDS crisis Presents the Issue of Balancing Individual Freedoms With the Necessity of Centralized Government Action." il 72 col in. 11 The National Law Journal. August 7, 1989. p 13 col 1. This is an editorial that explains how AIDS effects the relationship between the individual and the state.

Rabin, Judith A. "The AIDS Epidemic and Gay Bathhouses: a Constitutional Analysis." 10:4 Journal of Health Politics Policy and Law. (Winter 1986): 729-747. The author argues that although the government has the power to close the baths in the name of public health, it should not do so without careful and conscious balancing against the privacy rights infringed upon by its actions.

Reidinger, Paul. "Testing, Testing: Drug, AIDS Tests Upheld." 75 ABA Journal. Feb 1989. 96 (1). This brief article describes cases in which courts ruled that the risk involved with HIV and AIDS is much greater than the prospect of discrimination towards carriers of the disease.

Rothenberg, Karen H. "The AIDS Project: Creating a Public Health Policy- Rights and Obligations of Health Care Workers." 48 Maryland Law Review. (1989:1): 95-211. The project represents the results of a consideration regarding public policy towards AIDS by an interdisciplinary (law, medicine, social work) group of students. Various policy recommendations are offered.

Ryland, Sonya. "AIDS and Right to Privacy." 16:2 Southern University Law Review. (Fall 1989): 393-405. A number of privacy cases are discussed and the development of the AIDS crisis is traced.

Samar, Vincent J. "Privacy and AIDS." 22 University of West Los Angeles Law Review Annual. 1991. 1-17. The author stresses the point that if each person has a general right to privacy, then each person should have the right not to be intruded upon in respect to their HIV status. He calls this right RNIH(the Right to Non-Intrusion on HIV status).

Schulman, David I. "AIDS Workplace Law and Policy: a Systematic Analysis." 9:2 Saint Louis Public Law Review. (1990): 543-560. This article begins with a discussion of privacy, and other rights and concludes with model guidelines for developing AIDS workplace policies. (Not Available in Law Library)

Schultz, Gene P. and Charles A Parmenter. "Medical Necessity, AIDS, and the Law." 9:2 Saint Louis University Public Law Review. (1990): 379-420. This article looks at the states' obligation to provide Medicare coverage to AIDS sufferers and concludes that where a state Medicaid plan covers prescription drugs, it must provide drug support to AIDS patients. (Not Available in Law Library)

Shaffer, Anne. "Liability for Transmission of AIDS in the Hospital Workplace: A Critique of Mandatory AIDS testing of hospital patients." 90 West Virginia Law Review. Winter 1987. 652-671. The author looks at both sides of the issue of mandatory AIDS testing for hospital patients. He attempts to find a balance between individuals' rights and the public's interest in controlling the AIDS virus.

Speigel, Charles. "Privacy, Sodomy, AIDS and the Schools: Case Studies in Equal Protection." 1986 Annual Survey of American Law. April 1987. 221-253. This article examines both the Baker v. Wade and the Hardwick v. Bowers decisions. The author analyzes the AIDS crisis with regards to consensual homosexual behavior, equal protection laws, and the right to privacy.

Strader, J. Kelly. "Constitutional Challenges to the Criminalization of Same-Sex Sexual Activities: State Interest in HIV-AIDS Issues." 70 Denver University Law Review. Winter 1993. 337-357. The author proposes constitutional challenges to state sodomy laws focusing on the right to privacy.

Summers, Terry. "Federal Court Invalidates AIDS policy." 57 UMKC Law Review. Winter 1989. 369-384. This Note concerns the court decision of Glover v. Eastern Nebraska Community Office of Retardation. The author examines the decision, which involves mandatory AIDS testing as an unreasonable search and seizure.

Terzian, Lincoln A. "AIDS - Confidentiality - Individuals infected with Acquired Immune Deficiency Syndrome (AIDS) Through Blood Transfusions May Obtain Limited Disclosure of Donor's Identity During Pretrial Discovery." 22 Seton Hall Law Review. Summer 1992. 999-1034. This article discusses the Snyder v. Mekhjian decision which deals with limited discovery of a blood donor's identity.

Van Dam, M. Nicole. "The Scarlet Letter 'A": AIDS in a Computer Society." 10:2 Computer Law Journal April 1990: 233-264. This article discusses the prudence of developing an AIDS database given the current state of computer-matching as well as the minimal safeguards available to limit access to such a database.

Weber, Wenda A. "AIDS: legal issues in search of a cure." 14 William Mitchell Law Review Summer 1988: 575-652. The Author points out the the fact that cases dealing with other diseases have little precedential value given that "AIDS is unlike any other disease previously encountered." Therefore, this disease requires a legal analysis that deals with it specifically.

Weissman, Joanna L. and Mildred Childer. "Constitutional Questions: Mandatory Testing for AIDS Under Washington's AIDS Legislation." 24 Gonzaga Law Review. Spring 1989. 433-473. This comment proposes possible constitutional problems posed by new AIDS legislation.

Zarembka, Arlene and Katherine M. Franke. "Women in the AIDS Epidemic: A Portrait of Unmet Needs." 9:2 Saint Louis University Public Law Review. (1990): 519-541. The author argues here that Black and Hispanic women especially are subject to discriminatory behavior in the AIDS-sensitive political and social environment.

Treatises


Abt, Clark C. and Kathleen M. Hardy, eds. AIDS and the Courts. Abt Books Inc. Cambridge. 1990.

(KF 3803 .A54 .A93)

Dalton, Harlon L. and Burris, Scott-eds. AIDS and the Law: A Guide for the Public. Yale University Press. New Haven. 1987.

(KF 3803 .A54 .A95)

Dornette, William H. L.-ed. AIDS and the Law. Wiley Law Publications. New York. 1987.

(KF 3803 .A54 .A94)

Rapoport, David and John Parry-eds. Legal, Medical and Governmental Perspectives on AIDS as a Disability. The American Bar Association. Washington, D.C. 1987.

(KF 3803 .A54. L4)

Rennert, Sharon. AIDS and Persons with Developmental Disabilities: The Legal Perspective. American Bar Association. Washington, D.C. 1989.

(KF 3803 A54 .A95)

Reubenfeld, Abby Rose, ed. AIDS Benchbook The National Judicial College, American Bar Association. Reno. 1991.

(KF 3803 A54 .A93)

Sloan, Irving J. AIDS Law: Implications for the Individual and Society. Oceana Publications, Inc. New York. 1988.

(KF 3803 .A54 .S59)

Strama, Brenda T. ed. AIDS and Governmental Liability. American Bar Association. Chicago. 1993.

(KF 3803 A54 .A954)

Sullivan, Barry AIDS: The Legal Issues. American Bar Association. Washington, D.C. 1988.

(KF 3803 A54 .A945)



An Information Service of the Alabama Supreme Court & State Law Library
Judicial Building, 300 Dexter Avenue
Montgomery, AL 36104
Phone: 334.242.4347 or 1.800.236.4069


Please make any comments about the site to the Webmaster.