HIV and the law: Integrating law, policy, and social epidemiology

Journal of Law, Medicine and Ethics

Volumn 30, Issue 4, 2002, Pages 533-547

  Lazzarini, Zita ^f   Klitzman, Robert ^a,b,c,d,e  

^a Center for Bioethics

^b College of Physicians and Surgeons ^*  (United States)

^c Columbia University ^*  (United States)

^d University of Pennsylvania ^*

^e UNIVERSITY OF PENNSYLVANIA   (United States)

^f UNIVERSITY OF CONNECTICUT HEALTH CENTER   (United States)

Author keywords

[No Author keywords available]

Indexed keywords

METHADONE;

ACQUIRED IMMUNE DEFICIENCY SYNDROME; COMMUNITY CARE; CONFERENCE PAPER; CRIME; CRIMINAL BEHAVIOR; DRUG ABUSE; DRUG DEPENDENCE; ETHNIC GROUP; EXPOSURE; GEOGRAPHY; HEALTH; HEALTH BEHAVIOR; HEALTH CARE ACCESS; HEALTH CARE FINANCING; HEALTH CARE ORGANIZATION; HEALTH CARE POLICY; HEALTH CARE QUALITY; HEALTH EDUCATION; HOUSING; HUMAN; HUMAN IMMUNODEFICIENCY VIRUS; HUMAN IMMUNODEFICIENCY VIRUS INFECTION; INCOME; INFECTION RISK; INFECTION SENSITIVITY; LAW; MEDICOLEGAL ASPECT; POLITICS; POVERTY; RISK ASSESSMENT; SEXUAL BEHAVIOR; SOCIAL ASPECT; SOCIAL STATUS; SOCIAL STRUCTURE; SOCIOECONOMICS; SOCIOLOGY; VIRUS TRANSMISSION; ARTICLE; CRIMINAL LAW; DRUG CONTROL; EDUCATIONAL STATUS; EPIDEMIOLOGY; HEALTH CARE AND PUBLIC HEALTH; HEALTH CARE DELIVERY; LEGAL APPROACH; LEGAL ASPECT; POLICY; PUBLIC HEALTH; SOCIAL JUSTICE; SOCIAL PSYCHOLOGY; UNITED STATES;

HEALTH CARE AND PUBLIC HEALTH; LEGAL APPROACH;

CRIMINAL LAW; DRUG AND NARCOTIC CONTROL; EDUCATIONAL STATUS; EPIDEMIOLOGY; HEALTH SERVICES ACCESSIBILITY; HIV INFECTIONS; HOUSING; HUMANS; POVERTY; PREJUDICE; PUBLIC HEALTH; PUBLIC POLICY; SOCIAL CONDITIONS; SOCIAL JUSTICE; SOCIOECONOMIC FACTORS; UNITED STATES; WORLD HEALTH;

EID: 0036981391     PISSN: 10731105     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1748-720X.2002.tb00424.x     Document Type: Conference Paper

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71. D.A. Zanis et al., "HIV Risks Among Homeless Men Differentiated by Cocaine Use and Psychiatric Distress," Addictive Behaviors, 22, no. 2 (1997): 287-92; A.H. Kral et al., "Prevalence of Sexual Risk Behavior and Substance Use Among Runaway and Homeless Adolescents in San Francisco, Denver and New York City," International Journal of STD & AIDS, 8 (1997): 109-17.
72. D.A. Zanis et al., "HIV Risks Among Homeless Men Differentiated by Cocaine Use and Psychiatric Distress," Addictive Behaviors, 22, no. 2 (1997): 287-92; A.H. Kral et al., "Prevalence of Sexual Risk Behavior and Substance Use Among Runaway and Homeless Adolescents in San Francisco, Denver and New York City," International Journal of STD & AIDS, 8 (1997): 109-17.
73. P. Bourgois, "The Moral Economies of Homeless Heroin Addicts: Confronting Ethnography, HIV Risk, and Everyday Violence in San Francisco Shooting Encampments," Substance Use & Misuse, 33, no. 11 (1998): 2323-51.
74. Attorney General William Barr has been quoted as asserting that African-Americans would benefit disproportionately from increased incarcerations (of African-Americans) for drug offenses; M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995): at 36. But see Drug Czar Barry McCaffery's description of our current incarceration policy: "We must have law enforcement authorities address the [drug use] issue because if we do not, prevention, education, and treatment messages will not work very well. But having said that, I also believe that we have created an American gulag." Gen. Barry R. McCaffrey (USA Ret.), Director, Office of National Drug Control Policy, Keynote Address, Opening Plenary Session, National Conference on Drug Abuse Prevention Research, National Institute of Drug Abuse, Washington, D.C., September 19, 1996, available at 〈http://165.112.78.61/ MeetSum/CODA/Keynote2.html〉.
75. Attorney General William Barr has been quoted as asserting that African-Americans would benefit disproportionately from increased incarcerations (of African-Americans) for drug offenses; M. Tonry, Malign Neglect: Race, Crime, and Punishment in America (New York: Oxford University Press, 1995): at 36. But see Drug Czar Barry McCaffery's description of our current incarceration policy: "We must have law enforcement authorities address the [drug use] issue because if we do not, prevention, education, and treatment messages will not work very well. But having said that, I also believe that we have created an American gulag." Gen. Barry R. McCaffrey (USA Ret.), Director, Office of National Drug Control Policy, Keynote Address, Opening Plenary Session, National Conference on Drug Abuse Prevention Research, National Institute of Drug Abuse, Washington, D.C., September 19, 1996, available at 〈http://165.112.78.61/ MeetSum/CODA/Keynote2.html〉.
76. T.L. Meares, "Social Organization and Drug Law Enforcement," American Criminal Law Review, 35 (1998): 191-227, at 191, 198-205.
77. F.E. Zimring and G.J. Hawkins, Deterrence: The Legal Threat in Crime Control (Chicago: University of Chicago Press, 1973); G. Becker, "Crime and Punishment: An Economic Approach," Journal of Political Economy, 76 (1968): 169-217.
78. F.E. Zimring and G.J. Hawkins, Deterrence: The Legal Threat in Crime Control (Chicago: University of Chicago Press, 1973); G. Becker, "Crime and Punishment: An Economic Approach," Journal of Political Economy, 76 (1968): 169-217.
79. T. Tyler, Why People Obey the Law (New Haven: Yale University Press, 1990); T.R. Tyler, "Public Trust and Confidence in Legal Authorities: What Do Majority and Minority Group Members Want from the Law and Legal Institutions?," Behavioral Sciences & the Law, 19 (2001): 215-35.
80. T. Tyler, Why People Obey the Law (New Haven: Yale University Press, 1990); T.R. Tyler, "Public Trust and Confidence in Legal Authorities: What Do Majority and Minority Group Members Want from the Law and Legal Institutions?," Behavioral Sciences & the Law, 19 (2001): 215-35.
81. See Meares, supra note 59, at 212.
82. See id. at 210-14.
83. See Tyler, supra note 61.
84. See Meares, supra note 59.
85. S.F. Morin, "Early Detection of HIV: Assessing the Legislative Context," Journal of Acquired Immune Deficiency Syndromes, 2, suppl. 2 (2000): S144-50.
86. Z. Lazzarini, S. Bray, and S Burris, "Evaluating the Impact of Criminal Laws on HIV Risk Behavior," Journal of Law, Medicine & Ethics, 30, no. 2 (2002): 239-53.
87. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
88. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
89. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
90. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
91. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
92. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
93. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
94. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
95. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
96. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws," Nova Law Review, 23 (1999): 847-79.
97. For discussions in the legal literature, see J.G. Hodge and L.O. Gostin, "Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services," Women's Rights Law Reporter, 23 (2001): 45-62; K. Sullivan and M. Field, "AIDS and the Coercive Power of the State," Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139-97; C.M. Shriver, "State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications," Northern Illinois University Law Review, 21 (2001): 319-53; J. Mosiello, "Why the Intentional Sexual Transmission of Human Immunodeficiency Virus (HIV) Should Be Criminalized Through the Use of Specific HIV Criminal Statutes," New York Law School Journal of Human Rights, 15 (1999): 595-624; D.L. Chambers, "Gay Men, AIDS, and the Code of the Condom," Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353-85; D.H.J. Hermann, "Criminalizing Conduct Related to HIV Transmission," Saint Louis University Public Law Review, 9 (1990): 351-78; G.P Schultz and C.A. Parmenter, "Medical Necessity, AIDS, and the Law," Saint Louis University Public Law Review, 9 (1990): 379-419; L. Gostin, "The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties," Ohio State Law Journal, 49 (1989): 1017-58; G. Schultz, "AIDS: Public Health and the Criminal Law," Saint Louis University Public Law Review, 7 (1988): 65-113; M.L. Closen et al., "Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws," Arkansas Law Review, 46 (1994): 921-83; M. Markus, "A
98. Zita Lazzarini, Principle Investigator, "Influence of Criminal Law on HIV Sexual Risk Behavior," supported by CDC grant numbers RO6/CCR118660-01 and H400-898-2021.
99. See Centers for Disease Control and Prevention, "HIV-Related Knowledge and Stigma - United States, 2000," Morbidity and Mortality Weekly Reports, 49, no. 47 (2000): 1062-64.
100. See M. Chesney and A. Smith, "Critical Delays in HIV Testing and Care: The Potential Role of Stigma," American Behavioral Scientist, 42 (1999): 1162-74; G. Herek, "AIDS and Stigma," American Behavioral Scientist, 42 (1999): 1106-16.
101. See M. Chesney and A. Smith, "Critical Delays in HIV Testing and Care: The Potential Role of Stigma," American Behavioral Scientist, 42 (1999): 1162-74; G. Herek, "AIDS and Stigma," American Behavioral Scientist, 42 (1999): 1106-16.
102. See Lazzarini, Bray, and Burris, supra note 67.
103. See Centers for Disease Control and Prevention, "Cluster of HIV-Positive Young Women - New York. 1997-1998," Morbidity and Mortality Weekly Reports, 48, no. 20 (1999): 413-16.
104. See J. Wypijewski, "The Secret Sharer," Harper's Magazine, 297, no. 1778 (July 1, 1998): at 35, for consideration of local response to issues of sex, race, and denial around the HIV epidemic.
105. See Centers for Disease Control and Prevention, supra note 3; Karon et al., supra note 9; Centers for Disease Control and Prevention, supra note 2; Zierler and Krieger, supra note 19; K.G. Castro, "Distribution of Acquired Immunodeficiency Syndrome and Other Sexually Transmitted Diseases in Racial and Ethnic Populations, United States; Influences of Life-style and Socioeconomic Status," Annals of Epidemiology, 3 (1993): 181-84.
106. See U.S. Department of Housing and Urban Development's website for these definitions, available at 〈http://www.hud.gov〉.
107. Department of Housing and Urban Development v. Rucker, No. 00-1770, 2002 U.S. LEXIS 2144 (U.S. March 26, 2002).
108. See I.D. Montoya et al., "Barriers to Social Services for HIV-Infected Urban Migrators," AIDS Education and Prevention, 10, no. 4 (1998): 366-79.
109. See Lee et al., supra note 55.
110. See Takahashi, supra note 55.
111. See R.W. Pfeifer and J. Oliver, "A Study of HIV Seroprevalence in a Group of Homeless Youth in Hollywood, California," Journal of Adolescent Health, 20, no. 5 (1997): 339-42; K. Clements et al., "A Risk Profile of Street Youth in Northern California: Implications for Gender-Specific Human Immunodeficiency Virus Prevention, "Journal of Adolescent Health, 20, no. 5 (1997): 343-53; M.C. Clatts et al., "Correlates and Distribution of HIV Risk Behaviors Among Homeless Youths in New York City: Implications for Prevention and Policy," Child Welfare League of America, LXXVII, no. 2 (1998): 195-207; S.L. Bailey, C.S. Camlin, and S.T. Ennett, "Substance Use and Risky Sexual Behavior Among Homeless and Runaway Youth," Journal of Adolescent Health, 23, no. 6 (1998): 378-88; Kral et al., supra note 56.
112. See R.W. Pfeifer and J. Oliver, "A Study of HIV Seroprevalence in a Group of Homeless Youth in Hollywood, California," Journal of Adolescent Health, 20, no. 5 (1997): 339-42; K. Clements et al., "A Risk Profile of Street Youth in Northern California: Implications for Gender-Specific Human Immunodeficiency Virus Prevention, "Journal of Adolescent Health, 20, no. 5 (1997): 343-53; M.C. Clatts et al., "Correlates and Distribution of HIV Risk Behaviors Among Homeless Youths in New York City: Implications for Prevention and Policy," Child Welfare League of America, LXXVII, no. 2 (1998): 195-207; S.L. Bailey, C.S. Camlin, and S.T. Ennett, "Substance Use and Risky Sexual Behavior Among Homeless and Runaway Youth," Journal of Adolescent Health, 23, no. 6 (1998): 378-88; Kral et al., supra note 56.
113. See R.W. Pfeifer and J. Oliver, "A Study of HIV Seroprevalence in a Group of Homeless Youth in Hollywood, California," Journal of Adolescent Health, 20, no. 5 (1997): 339-42; K. Clements et al., "A Risk Profile of Street Youth in Northern California: Implications for Gender-Specific Human Immunodeficiency Virus Prevention, "Journal of Adolescent Health, 20, no. 5 (1997): 343-53; M.C. Clatts et al., "Correlates and Distribution of HIV Risk Behaviors Among Homeless Youths in New York City: Implications for Prevention and Policy," Child Welfare League of America, LXXVII, no. 2 (1998): 195-207; S.L. Bailey, C.S. Camlin, and S.T. Ennett, "Substance Use and Risky Sexual Behavior Among Homeless and Runaway Youth," Journal of Adolescent Health, 23, no. 6 (1998): 378-88; Kral et al., supra note 56.
114. See R.W. Pfeifer and J. Oliver, "A Study of HIV Seroprevalence in a Group of Homeless Youth in Hollywood, California," Journal of Adolescent Health, 20, no. 5 (1997): 339-42; K. Clements et al., "A Risk Profile of Street Youth in Northern California: Implications for Gender-Specific Human Immunodeficiency Virus Prevention, "Journal of Adolescent Health, 20, no. 5 (1997): 343-53; M.C. Clatts et al., "Correlates and Distribution of HIV Risk Behaviors Among Homeless Youths in New York City: Implications for Prevention and Policy," Child Welfare League of America, LXXVII, no. 2 (1998): 195-207; S.L. Bailey, C.S. Camlin, and S.T. Ennett, "Substance Use and Risky Sexual Behavior Among Homeless and Runaway Youth," Journal of Adolescent Health, 23, no. 6 (1998): 378-88; Kral et al., supra note 56.
115. See A.M Somlai et al., "Patterns, Predictors, and Situational Contexts of HIV Risk Behaviors Among Homeless Men and Women," Social Work, 43, no. 1 (1998): 7-20.
116. See G.A.D. Smereck and E.M Hockman, "Prevalence of HIV Infection and HIV Risk Behaviors Associated with Living Place: On-the-Street Homeless Drug Users as a Special Target Population for Public Health Intervention," American Journal of Drug and Alcohol Abuse, 24, no. 2 (1998): 299-319; Zanis et al., supra note 56.
117. See A.A. Aidala et al., Housing, Health & Wellness Study: Final Report (October 4, 2000); P.S. Arno et al., "The Impact of Housing Status on Health Care Utilization Among Persons with HIV Disease," Journal of Health Care for the Poor and Underserved, 7, no. 1 (1996): 36-49.
118. See A.A. Aidala et al., Housing, Health & Wellness Study: Final Report (October 4, 2000); P.S. Arno et al., "The Impact of Housing Status on Health Care Utilization Among Persons with HIV Disease," Journal of Health Care for the Poor and Underserved, 7, no. 1 (1996): 36-49.
119. The World Bank Group, United States Data Profile, at 〈http:// devdata.worldbank.org/external/CPPProfile.asp?SelectedCountry=USA&CCODE= USA&CNAME=United+States&PTYPE=CP〉 (last visited February 6, 2002) (With a gross domestic product (GDP) per capita of $34,000 (2000), the United States consistently rates in among the highest standards of living in the world and among the highest per capita GDP). Only seven countries had higher per capita GDP than the United States in 1999. These countries were Bermuda, Denmark, Japan, Liechtenstein, Luxembourg, Norway, and Switzerland. United Nations Statistics Division - Social Indicators, Indicators on Income and Economic Activity, at 〈http://www.un.org/Depts/unsd/social/inc-eco. htm〉 (last visited February 7, 2002).
120. The World Bank Group, United States Data Profile, at 〈http:// devdata.worldbank.org/external/CPPProfile.asp?SelectedCountry=USA&CCODE= USA&CNAME=United+States&PTYPE=CP〉 (last visited February 6, 2002) (With a gross domestic product (GDP) per capita of $34,000 (2000), the United States consistently rates in among the highest standards of living in the world and among the highest per capita GDP). Only seven countries had higher per capita GDP than the United States in 1999. These countries were Bermuda, Denmark, Japan, Liechtenstein, Luxembourg, Norway, and Switzerland. United Nations Statistics Division - Social Indicators, Indicators on Income and Economic Activity, at 〈http://www.un.org/Depts/unsd/social/inc-eco. htm〉 (last visited February 7, 2002).
121. See A.B. Atkinson, L. Rainwater, and T.M. Smeeding, Income Distribution in OECD Countries: Evidence from the Luxembourg Income Study (Paris: Organisation for Economic Co-operation and Development, 1995) (the United States is one of the richest countries, and one with the most unequal distribution of income and wealth).
122. See U.S. Census Bureau, Income Inequality (March Current Population Survey) (Washington, D.C.: Government Printing Office, 1997) (inequality of income distribution in the United States is getting worse); E. Wolff, Top Heavy: A Study of the Increasing Inequality of Wealth in America (New York: 20th Century Fund, 1995).
123. See U.S. Census Bureau, Income Inequality (March Current Population Survey) (Washington, D.C.: Government Printing Office, 1997) (inequality of income distribution in the United States is getting worse); E. Wolff, Top Heavy: A Study of the Increasing Inequality of Wealth in America (New York: 20th Century Fund, 1995).
124. I. Kawachi, "Income Inequality and Health," in L. Berkman and I. Kawachi, eds., Social Epidemiology (New York: Oxford University Press, 2000): 76-94; B.P Kennedy, I. Kawachi, and D. Prothrow-Stith, "Income Distribution and Morality: Cross-Sectional Ecological Study of the Robin Hood Index in the United States," BMJ, 312 (1996): 1004-07 (see also important correction, BMJ, 312 (1996): 1194) (Analyzed age-adjusted death rates and income inequality in all fifty U.S. states, finding a strong correlation between greater degrees of income inequality and elevated death rates. Together, income inequality and poverty accounted for 25 percent of differences between state mortality rates, and over half of differences in homicide rates); J.W Lynch et al., "Income Inequality and Mortality in Metropolitan Areas of the United States," American Journal of Public Health, 88 (1998): 1074-80 (cities with low per capita income and high inequality had excess deaths of nearly 150 per 100,000 when compared to cities with relatively higher income and lower inequality).
125. I. Kawachi, "Income Inequality and Health," in L. Berkman and I. Kawachi, eds., Social Epidemiology (New York: Oxford University Press, 2000): 76-94; B.P Kennedy, I. Kawachi, and D. Prothrow-Stith, "Income Distribution and Morality: Cross-Sectional Ecological Study of the Robin Hood Index in the United States," BMJ, 312 (1996): 1004-07 (see also important correction, BMJ, 312 (1996): 1194) (Analyzed age-adjusted death rates and income inequality in all fifty U.S. states, finding a strong correlation between greater degrees of income inequality and elevated death rates. Together, income inequality and poverty accounted for 25 percent of differences between state mortality rates, and over half of differences in homicide rates); J.W Lynch et al., "Income Inequality and Mortality in Metropolitan Areas of the United States," American Journal of Public Health, 88 (1998): 1074-80 (cities with low per capita income and high inequality had excess deaths of nearly 150 per 100,000 when compared to cities with relatively higher income and lower inequality).
126. I. Kawachi, "Income Inequality and Health," in L. Berkman and I. Kawachi, eds., Social Epidemiology (New York: Oxford University Press, 2000): 76-94; B.P Kennedy, I. Kawachi, and D. Prothrow-Stith, "Income Distribution and Morality: Cross-Sectional Ecological Study of the Robin Hood Index in the United States," BMJ, 312 (1996): 1004-07 (see also important correction, BMJ, 312 (1996): 1194) (Analyzed age-adjusted death rates and income inequality in all fifty U.S. states, finding a strong correlation between greater degrees of income inequality and elevated death rates. Together, income inequality and poverty accounted for 25 percent of differences between state mortality rates, and over half of differences in homicide rates); J.W Lynch et al., "Income Inequality and Mortality in Metropolitan Areas of the United States," American Journal of Public Health, 88 (1998): 1074-80 (cities with low per capita income and high inequality had excess deaths of nearly 150 per 100,000 when compared to cities with relatively higher income and lower inequality).
127. M. Jacoby, "Does Indebtedness Influence Health? A Pre-liminary Inquiry," Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 560-71.
128. See Centers for Disease Control and Prevention, supra note 3.
129. Burris, Kawachi, and Sarat, supra note 1.
130. See J.S. Lehman, "To Conceptualize, to Criticize, to Defend," Yale Law Journal, 101 (1991): 685-727 (public support for Aid to Families with Dependent Children decreased as concern grew that the program perpetuated dependence); T.R. Marmor, J.L. Mashaw, and P.L. Harvey, America's Misunderstood Welfare State: Persistent Myths, Enduring Realities (New York: Basic Books, 1990); H. Heclo, "Poverty Politics," in S.H. Danziger, G.D. Sandefur, and D.H. Weinberg, eds., Confronting Poverty: Prescriptions for Change (New York: Russell Sage Foundation, 1994): 396-437.
131. See J.S. Lehman, "To Conceptualize, to Criticize, to Defend," Yale Law Journal, 101 (1991): 685-727 (public support for Aid to Families with Dependent Children decreased as concern grew that the program perpetuated dependence); T.R. Marmor, J.L. Mashaw, and P.L. Harvey, America's Misunderstood Welfare State: Persistent Myths, Enduring Realities (New York: Basic Books, 1990); H. Heclo, "Poverty Politics," in S.H. Danziger, G.D. Sandefur, and D.H. Weinberg, eds., Confronting Poverty: Prescriptions for Change (New York: Russell Sage Foundation, 1994): 396-437.
132. See J.S. Lehman, "To Conceptualize, to Criticize, to Defend," Yale Law Journal, 101 (1991): 685-727 (public support for Aid to Families with Dependent Children decreased as concern grew that the program perpetuated dependence); T.R. Marmor, J.L. Mashaw, and P.L. Harvey, America's Misunderstood Welfare State: Persistent Myths, Enduring Realities (New York: Basic Books, 1990); H. Heclo, "Poverty Politics," in S.H. Danziger, G.D. Sandefur, and D.H. Weinberg, eds., Confronting Poverty: Prescriptions for Change (New York: Russell Sage Foundation, 1994): 396-437.
133. See Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193 (August 1996) (Congress eliminated Aid to Families with Dependent Children and adopted The Personal Responsibility and Work Opportunity Reconciliation Act, which put a 5-year lifetime limit on benefits, food stamps included).
134. U.S. Department of Health and Human Services, Indicators of Welfare Dependence, 2002 annual report to Congress: at Chapter II, "Indicators of Dependence," Figure IND3a, available at 〈http://aspe.hhs.gov/hsp/ indicators02/index.htm〉.
135. See J.S. Heymann, "Health and Social Policy," in L. Berkman and I. Kawachi, eds., Social Epidemiology (New York: Oxford University Press, 2000).
136. N. Zill, G. Resnick, and R.H. McKey, What Children Know and Can Do at the End of Head Start and What It Tells Us About the Program's Performance, paper presented at Emerging Views of Children in Poverty: The Health Start Family and Child Experiences Survey (FACES), the Society for Research in Child Development Biennial Meeting, Albuquerque, New Mexico, April 16, 1999, available at 〈http://www.2acf.hdhhs.gov/programs/hsb/hsreac/faces/albqfin12.doc〉 (finding that children in Head Start achieve significant gains in preparedness for kindergarten and improvement in academically and socially related skills); E. Graces, D. Thomas, and J. Currie, Longer Term Effects of Head Start, DRU-2439-NICHD/NSF, Labor and Population Program, Working Paper Series 00-20 (December 2000), available at 〈http://www.rand.org/labor/DRU/DRU2439. pdf〉 (showing higher rate of high school graduation among Head Start participants).
137. N. Zill, G. Resnick, and R.H. McKey, What Children Know and Can Do at the End of Head Start and What It Tells Us About the Program's Performance, paper presented at Emerging Views of Children in Poverty: The Health Start Family and Child Experiences Survey (FACES), the Society for Research in Child Development Biennial Meeting, Albuquerque, New Mexico, April 16, 1999, available at 〈http://www.2acf.hdhhs.gov/programs/hsb/hsreac/faces/albqfin12.doc〉 (finding that children in Head Start achieve significant gains in preparedness for kindergarten and improvement in academically and socially related skills); E. Graces, D. Thomas, and J. Currie, Longer Term Effects of Head Start, DRU-2439-NICHD/NSF, Labor and Population Program, Working Paper Series 00-20 (December 2000), available at 〈http://www.rand.org/labor/DRU/DRU2439. pdf〉 (showing higher rate of high school graduation among Head Start participants).
138. See G. Burtless, "Public Spending on the Poor: Historical Trends and Economic Limits," in S.H. Danziger, G.D. Sandefur, and D.H. Weinberg, eds., Confronting Poverty: Prescriptions for Change (New York: Russell Sage Foundation, 1994) (Comprehensive Employment and Training Act (CETA) of 1973 benefited poor through job training, with 25-75 percent gains in wages of adult women who were trained).
139. Section 115 (a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
140. P. Allard, Life Sentences: Denying Welfare Benefits to Women Convicted of Drug Offenses (Washington, D.C.: The Sentencing Project, February 2002).
141. See id.
142. See B.M.J. Rotheram, "Expanding the Range of Interventions to Reduce HIV Among Adolescents," AIDS, 14, suppl. 1 (2000): S33-40.
143. See D. Cohen et al., "Broken Windows and the Risk of Gonorrhea," American Journal of Public Health, 90, no. 2 (2000): 230-36.
144. See B. Lichtenstein, "Secret Encounters: Black Men, Bisexuality, and AIDS in Alabama," Medical Anthropology Quarterly., 14, no. 3 (2000): 374-93.
145. See J.L. Peterson, "AIDS-Related Risks and Same-Sex Behaviors Among African American Men," in M.P. Levine, P.M. Nardi, and J.H. Gagnon, eds., Changing Times: Gay Men and Lesbians Encounter HIV/AIDS (Chicago: University of Chicago Press, 1997): 283-301; Lichtenstein, supra note 103.
146. See L.A. Valleroy et al., "HIV Prevalence and Associated Risks in Young Men Who Have Sex with Men," JAMA, 284, no. 2 (2000): 198-204.
147. Centers for Disease Control and Prevention, "HIV Incidence Among Young Men Who Have Sex with Men - Seven U.S. Cities, 1994-2000," Morbidity and Mortality Weekly Reports, 50, no. 21 (2001): 440-44.
148. See Meares, supra note 59, at 213; D. James, "The Racial Ghetto as a Race-Making Situation," Law & Society Inquiry, 19 (1994): 407, 420-28; E. Anderson, Streetwise: Race, Class and Change in an Urban Community (Chicago: University of Chicago Press, 1990): at 208.
149. See Meares, supra note 59, at 213; D. James, "The Racial Ghetto as a Race-Making Situation," Law & Society Inquiry, 19 (1994): 407, 420-28; E. Anderson, Streetwise: Race, Class and Change in an Urban Community (Chicago: University of Chicago Press, 1990): at 208.
150. See C. Shaw and H. McKay, Juvenile Delinquency and Urban Areas (Chicago: University of Chicago Press, 1969): at 321.
151. J. Fellner and M. Mauer, Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States (Washington, D.C.: Human Rights Watch, The Sentencing Project, 1998): at 8 (In 1998, approximately 1.4 million black men were disenfranchised, compared to a total of 4.6 million black men who voted in 1996. U.S. Census Bureau, Voting and Registration in the Election of November 1996 (July 1998): at 20-504).
152. See Meares, supra note 59. See generally S. Verba et al., Voice and Equality: Civic Voluntarism in American Politics (Cambridge: Harvard University Press, 1996).
153. See Meares, supra note 59, at 209-10.
154. L.A. Greenfield and T.L. Snell, Bureau of Justice Statistics, Women Offenders (Washington, D.C.: U.S. Department of Justice, 1999): at 8, Table 18.
155. C. J. Mumola, Bureau of Justice Statistics, Incarcerated Parents and Their Children (Washington, D.C.: U.S. Department of Justice, 2000): at 5.
156. See Meares, supra note 59, at 207.
157. M. Mauer, Intended and Unintended Consequences: State Racial Disparities in Imprisonment (Washington, D.C.: The Sentencing Project, 1997): at 1 ("research has documented that a first-time arrest for a property crimes results in a 7% decline in incomes.").
158. See Meares, supra note 59, at 209-10.
159. S. Sekaran, New Policy with a Familiar Consequence: African Americans and the Higher Education Act, Drug Policy Alliance (February 27, 2002), available at 〈http://www.alternet.org/story.htmlPStoryID=12501〉 (Higher Education Act (HEA) of 1998 delays or prohibits granting federal financial aid to any student convicted of nonviolent drug offenses, including misdemeanors.).
160. J. Dalaker, "Current Population Reports," Poverty in the United States: 2000 (Washington, D.C.: U.S. Government Printing Office, September 2001): at Table A; R. Blank, It Takes a Nation: A New Agenda for Fighting Poverty (Princeton: Princeton University Press, 1997); C. Jenks, Rethinking Social Policy: Race, Poverty, and the Underclass (New York: Harper Perennial, 1993).
161. J. Dalaker, "Current Population Reports," Poverty in the United States: 2000 (Washington, D.C.: U.S. Government Printing Office, September 2001): at Table A; R. Blank, It Takes a Nation: A New Agenda for Fighting Poverty (Princeton: Princeton University Press, 1997); C. Jenks, Rethinking Social Policy: Race, Poverty, and the Underclass (New York: Harper Perennial, 1993).
162. J. Dalaker, "Current Population Reports," Poverty in the United States: 2000 (Washington, D.C.: U.S. Government Printing Office, September 2001): at Table A; R. Blank, It Takes a Nation: A New Agenda for Fighting Poverty (Princeton: Princeton University Press, 1997); C. Jenks, Rethinking Social Policy: Race, Poverty, and the Underclass (New York: Harper Perennial, 1993).
163. See Meares, supra note 59, at 207.
164. C. Haney and P. Zimbardo, "The Past and Future of U.S. Prison Policy. Twenty-Five Years After the Stanford Prison Experiment," American Psychologist, 53, no. 7 (1998): 709-27, at 716.
165. See Allard, supra note 99.
166. L.O. Gostin, S. Burris, and Z. Lazzarini, "The Law and the Public's Health: A Study of Infectious Disease Law in the United States," Columbia Law Review, 59 (1999): 99-128.
167. L.O. Gostin and J.M. Mann, "Towards the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," Health and Human Rights, 1, no. 1 (1994): 58-80; L.O. Gostin and Z. Lazzarini, Human Rights and Public Health in the AIDS Pandemic (New York: Oxford University Press, 1997): at 57-67.
168. L.O. Gostin and J.M. Mann, "Towards the Development of a Human Rights Impact Assessment for the Formulation and Evaluation of Public Health Policies," Health and Human Rights, 1, no. 1 (1994): 58-80; L.O. Gostin and Z. Lazzarini, Human Rights and Public Health in the AIDS Pandemic (New York: Oxford University Press, 1997): at 57-67.
169. H. Watchirs, "Review of Methodologies Measuring Human Rights Implementation," Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 716-33; E. O'Keefe and A. Scott-Samuel, "Human Rights and Wrongs: Could Health Impact Assessment Help?," Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 734-38.
170. H. Watchirs, "Review of Methodologies Measuring Human Rights Implementation," Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 716-33; E. O'Keefe and A. Scott-Samuel, "Human Rights and Wrongs: Could Health Impact Assessment Help?," Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 734-38.
171. D.P Goldman et al., "The Impact of State Policy on the Costs of HIV Infection," Medical Care Research and Review, 58, no. 1 (2001): 31-53, 54-59 (discussion).
172. See Meares, supra note 59, at 217-20.
173. See id. at 219-20.
174. K. Strader, "Criminalization as a Response to a Public Health Crisis "John Marshall Law Review, 27 (1994): 435-47, at 437.
175. See Lazzarini, Bray, and Burris, supra note 67.
176. R. Klitzman et al., "Views of HIV-Related Policies Among HIV Positive Men and Women: HIV Named Reporting, Partner Notification, and Criminalization of Non-disclosure" (2002, in review).
177. See Tyler, supra note 61.
178. P.M. Rowe, "Commentary: Changing the Risk Behavior of Politicians," Lancet, 349, no. 9051 (1997): 520.
179. H. Dalton, "Law and Responsibility Lecture Series: Shaping Responsible Behavior: Lessons from the AIDS Front," Washington & Lee Law Review, 56 (1999): 931-52, at 934.