GarrettLaurie, The Coming Plague: Newly Emerging Diseases in a World Out of Balance (New York: Farrar Straus Giroux, 1994): At 604–09.
7.
Id. at 620.
8.
ParkerLeroyWorthingtonRobert H., The Law of Public Health and Safety and the Powers and Duties of Boards of Health (Albany: Mathew Bender, 1892).
9.
Id. at xl, 1–3; and ParmetWendy E., “From Slaughter-House to Lochner: The Rise and Fall of the Constitutionalization of Public Health,”American Journal of Legal History, (1996): Forthcoming.
10.
West Virginia v. Dent, 129 U.S. 114 (1889).
11.
Slaughter-House Cases, 83 U.S. 36 (1873).
12.
Powell v. Pennsylvania, 127 U.S. 678 (1888).
13.
ParmetWendy E., “Legal Rights and Communicable Disease: AIDS, the Police Power, and Individual Liberty,”Journal of Health, Politics, Policy and Law, 14 (1989): 741–71.
14.
For other similar calls, see BurrisScott, “Thoughts on the Law and the Public's Health,”Journal of Law, Medicine & Ethics, 22 (1994): 141–47; and GostinLawrence O., “The Resurgent Tuberculosis Epidemic in the Era of AIDS: Reflections on Public Health, Law, and Society,”Maryland Law Review, 54, no. 1 (1995): At 131.
15.
See Parmet, supra note 13, at 757–62.
16.
See Burris, supra note 14, at 143.
17.
See Garrett, supra note 6, at 220.
18.
Id. at 506.
19.
Id. at 459–75.
20.
Id. at 457.
21.
Id. at 517.
22.
Id. 519.
23.
Id. at 472.
24.
8 U.S.C. 1182 (1994).
25.
For example, CarlonCynthia A., “Will Our Legal System Guard Our Health and Will the ADA Hamper Our Control Efforts,”Journal of Legal Medicine, 13 (1992): 563–87; and PardoJason A., “Excluding Immigrants on the Basis of Health: The Haitian Centers Council Decision Criticized,”Journal of Contemporary Health Law and Policy, 11, no. 2 (1995): 523–40.
26.
Bayer argues that it was fear of discrimination that led public health officials to reject “traditional” public health devices and to opt for an “exceptional” noncoercive response to the HIV epidemic. See BayerRonald, “Commentary—Rethinking Aspects of AIDS Policy,”Journal of Contemporary Health Law and Policy, 11, no. 2 (1995): 457–72. While Bayer does not advocate the use of coercive measures in response to HIV, indeed he argues that they would be counterproductive, he is critical of HIV exceptionalism. See also BayerRonald, “Public Health Policy and the AIDS Epidemic: An End to AIDS Exceptionalism,”N. Engl. J. Med., 324 (1991): 1500–04.