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The AIDS Crisis: Constitutional Turning Point?

Published online by Cambridge University Press:  28 April 2021

Arnold J. Rosoff
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Type
Book Review Essay
Information
Law, Medicine and Healthcare , Volume 15 , Issue 1-2 , Summer 1987 , pp. 80 - 85
Copyright
Copyright © American Society of Law, Medicine and Ethics 1987

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References

384 U.S. 436 (1966).Google Scholar
410 U.S. 113 (1973).Google Scholar
438 U.S. 265 (1978).Google Scholar
323 U.S. 214 (1944); see also Hirabayashi v. United States, 320 U.S. 81 (1943).Google Scholar
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See, e.g., Jew Ho v. Williamson, 103 F. 10 (N.D. Cal., 1900); Kirk v. Wyman, 65 S.E. 387 (S.Ct., S.C., 1909). But also see, Ex parte Martin, 188 P.2d 287, 291 (Ct. App., Cal., 1948).Google Scholar
Jacobson, V. Massachusetts, 197 U.S. 11, 28 (1905).Google Scholar
Rabin, , The AIDS epidemic and gay bathhouses: A constitutional analysis, Journal of Health Politics, Policy & Law 1986, 10: 729.Google Scholar
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Television reports have recently held out hope that a new, more effective test for the AIDS virus will soon be available. Obviously, a change in the cost and accuracy of the testing process will require a re-evaluation of the advisability of testing in given circumstances.Google Scholar
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ABC World News, U.S.—, 107 S.Ct. 1123 (1987). See Parmet W, AIDS and the limits of discrimination law, above in this issue of Law, Medicine & Health Care.Google Scholar
See Kohn, RL, Conflicting rights of privacy and the duty of disclosure between sexual partners, Law, Medicine & Health Care 1983, 11(6): 264; Rosoff AJ, Matters of privacy: A response to Kohn, Law, Medicine & Health Care 1984, 12(1): 37.Google ScholarPubMed
Suit claims Hudson concealed illness from lover, American Bar Association Journal, June 1, 1986, at 40. Christian is being represented by attorney Marvin Michelson, best known for his prosecution of the notorious “palimony” case against actor Lee Marvin. The suit acknowledges that as yet, Christian has not been diagnosed as having been infected with the AIDS virus. The complaint merely asserts that “[i]t is probable that claimant has contracted AIDS from Hudson.”Google Scholar
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Id. at 378.Google Scholar