Albany Law Review

A student-run journal that publishes critical and analytical articles written by judges, lawyers, and law school professors, as well as notes and comments on legal topics written by Law Review members and other Albany Law School students. Academic and pro

Articles from Vol. 61, No. 3, Spring

AIDS as a Chronic Illness: A Cautionary Tale for the End of the Twentieth Century
INTRODUCTION Forecasting is always a risky business, particularly at the beginning of the year. Nonetheless I predict that 1998 will be the year that AIDS becomes a mainstream disease, no more likely to receive special legal solicitude or extra...
Corporate America's Response to the AIDS Crisis: What Price Glory?
I. INTRODUCTION Corporate America is concerned about AIDS--and it should be.(1) Each year since 1993, AIDS has been the leading cause of death for Americans between the ages of twenty-five and forty-four, and more than fifty percent of America's...
Health Care Policy: What Lessons Have We Learned from the AIDS Pandemic?
I want to congratulate the editors of the Albany Law Review for scheduling this symposium a week after the Nushawn Williams case hit the headlines.(1) That was really very prescient of them. The Nushawn Williams case illustrates some of the dilemmas...
IS AIDS Different?
INTRODUCTION AIDS is unique, and those who have been exposed to AIDS have been treated in a unique manner. In New York, as in many other jurisdictions, the health care system has engaged AIDS--a contagious disease--in a distinctly non-confrontational...
Law and the Social Risk of Health Care: Lessons from HIV Testing
INTRODUCTION To have the virus that causes AIDS, or the gene that predicts Huntingdon's, or a variety of other diseases that are particularly frightening, expensive, or stigmatized, is to face serious social as well as health threats.(1) Even...
Lessons from Chautauqua County
I. INTRODUCTION As we consider what we have learned in the years of the HIV epidemic, the case of Nushawn Williams in Chautauqua County, New York, presents a series of important lessons. Unfortunately, most news media and political responses...
Patients and Providers in the Courts: Fractures in the Americans with Disabilities Act
I. INTRODUCTION As fragile living beings we walk the world at risk for injury. Human society is organized--in theory and in fact--to reduce the risk of harm. Social safety nets reduce the risk of starvation. Armies and police forces reduce the...
Safeguarding the Interests of People with AIDS in Managed Care Settings
Routine encounters with health care advertisements have become standard realities of daily life. In contrast to prior decades, it hardly seems striking in the late 1990s to see glossy, expensive ads for health care institutions and managed care plans.(1)...
Selling Death Short: The Regulatory and Policy Implications of Viatical Settlements
INTRODUCTION In recent years, the escalation of AIDS into a national crisis has devastated its victims' health as well as their finances.(1) This crisis has generated the need for innovations both in medical approaches to the treatment of AIDS...
Special Needs Plans: Adapting Medicaid Managed Care for Persons with Serious Mental Illness or HIV/AIDS
I. INTRODUCTION New York State is now in the midst of a massive, complex effort to move most of its huge Medicaid population into private managed care plans (MCPs).(1) As explained below, the lure of Medicaid managed care was irresistible to...
The Decade of Supreme Court Avoidance of AIDS: Denial of Certiorari in HIV-AIDS Cases and Its Adverse Effects on Human Rights
A comparison with anti-Semitism comes to mind. After the traumas of the Holocaust most of us would agree that its existence is not merely a Jewish problem, that it poses a challenge to everyone because a society that tolerates such prejudice is that...
The "Names Debate": The Case for National HIV Reporting in the United States
INTRODUCTION I. THE HISTORICAL DEVELOPMENT OF REPORTING AS A PUBLIC HEALTH PRACTICE A. Early Reporting Practices B. The Tensions Between the Practice of Medicine and Public Health C. The Inception of the Modern Epidemic:...
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