HIV and the Law: Integrating Law,Policy,and Social Epidemiology

Burris S. Kawachi I. , and Sarat A. , “Integrating Law and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 510–21.

Centers for Disease Control and Prevention, AIDS Epidemic Update—December 2001, UNAIDS, available at <http://www.unaids.org/epidemic_update/report_dec01/index.html>.

Centers for Disease Control and Prevention, “HIV and AIDS —United States 1981–2000,” Morbidity Mortality Weekly Reports, 50, no. 21 (2001): 430–34.

Centers for Disease Control and Prevention, “U.S. HIV and AIDS Cases Reported Through June 2001,” HIV/AIDS Surveillance Report, 13, no. 1 (2001): 1–36.

Centers for Disease Control and Prevention, HIV/AIDS Surveillance Report, 12, no. 2 (2000): at 5.

Centers for Disease Control and Prevention, supra note 3, at 431 (Table 1).

See Centers for Disease Control and Prevention, supra note 2.

Karon J.M. , “HIV in the United States at the Turn of the Century: An Epidemic in Transition,” American Journal of Public Health, 91 (2001): 1060–68.

See Centers for Disease Control and Prevention, supra note 2.

Centers for Disease Control and Prevention, “World AIDS Day — December 1, 2000,” Morbidity Mortality Weekly Reports, 49, no. 47 (2000): 1061.

See Centers for Disease Control and Prevention, supra note 2.

Burris Kawachi , and Sarat , supra note 1, at 511.

Zierler S. and Krieger N. , “Refraining Women's Risk: Social Inequalities and HIV Infection,” Annual Review of Public Health, 18 (1997): 401–36, at 425.

Sumartojo E. and Laga M. , eds., “Structural Factors in HIV Prevention,” AIDS, 14, suppl. 1 (2000): S1–S72.

Sumartojo E. , “Structural Factors in HIV Prevention: Concepts, Examples, and Implications for Research,” AIDS, 14, suppl. 1 (2000): S3–S10.

Krieger N. , “A Glossary for Social Epidemiology,” Journal of Epidemiology and Community Health, 55 (2001): 693–700.

Krieger N. , “Discrimination and Health,” in Berkman L. and Kawachi I. , eds., Social Epidemiology (New York: Oxford University Press, 2000): 36–75.

Burris S. , “Introduction: Merging Law, Human Rights, and Social Epidemiology,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 498–509.

United States Public Health Service, Guidelines for the Use of Antiretroviral Agents in HIV-infected Adults and Adolescents (February 4, 2002), available at <http://www.hivatis.org/guidelines/adult/May23_02/AAMay23.pdf>; 2001 USPHS/IDSA Guidelines for the Prevention of Opportunistic Infections in Persons Infected with HIV (November 28, 2001), available at <http://www.hivatis.org/guidelines/other/OIs/OIGNov27.pdf>.

Levi J. and Dates J. , “HIV: Challenging the Health Care Delivery System,” American Journal of Public Health, 90, no. 7 (2000): 1033–36.

Smedley B.D. Stith A. Y. , and Nelson A.R. , eds., Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care (Washington D.C.: National Academy Press, 2002): at 5 (summarizes findings of studies showing unequal access by race to HIV care (African-Americans receive less and lower quality care than whites), and negative impact on survival rates); Moore R.D. , “Racial Differences in the Use of Drug Therapy for HIV Disease in an Urban Community,” N. Engl. J. Med., 330, no. 11 (1994): 763–68; Shapiro M.F. , “Variations in the Care of HIV-infected Adults in the United States: Results from the HIV Cost and Services Utilization Study,” JAMA, 281 (1999): 2305–15 (negative impact on survival for African-Americans); Bennett C.L. , “Racial Differences in Care Among Hospitalized Patients with Pneumocystis Carinii Pneumonia in Chicago, New York, Los Angeles, Miami, and Raleigh-Durham,” Archives of Internal Medicine, 155, no. 15 (1995): 1586–92; Anderson K.H. and Mitchell J.M. , “Differential Access in the Receipt of Antiretroviral Drugs for the Treatment of AIDS and Its Implications for Survival,” Archives of Internal Medicine, 160, no. 20 (2000): 3114–20.

DeSimione L. , “Guaranteeing Treatment Access,” GMHC Treat Issues, 13, no. 4 (April 1999): 10–11.

Pedraza M.A. , “Heterosexual Transmission of HIV-1 Is Associated with High Plasma Viral Load Levels and a Positive Viral Isolation in the Infected Partner,” Journal of Acquired Immune Deficiency Syndrome, 21, no. 2 (June 1, 1999): 120–25; Chakraborty H. , “Viral Burden in Genital Secretions Determines Male-to-Female Sexual Transmission of HIV-1: A Probabilistic Empiric Model,” AIDS, 15, no. 5 (March 30, 2001): 621–27; Hisada M. , “Virus Load and Risk of Heterosexual Transmission of Human Immunodeficiency Virus and Hepatitis C Virus by Men with Hemophilia. The Multicenter Hemophilia Cohort Study,” Journal of Infectious Disease, 181, no. 4 (April 2000): 1475–78.

Centers for Disease Control and Prevention, “Prevention and Treatment of Tuberculosis Among Patients Infected with Human Immunodeficiency Virus: Principles of Therapy and Revised Recommendations,” Morbidity and Mortality Weekly Reports, 47, no. RR-20 (1998): 1–58.

Smedley Stith , and Nelson , supra note 27, at 5, and other studies cited in note 27 above.

Watson S.D. , “Race, Ethnicity and Quality of Care: Inequalities and Incentives,” American Journal of Law & Medicine, 27 (2001): 203–24, at 217–20.

Coalition Forms to Reverse Rising Trend of Uninsured Americans, Out of Many, One; Seniors USA (February 9, 2002) (reporting estimates of at least 40.4 million uninsured as of January 31, 2002, with approximately 2 million having lost insurance during the preceding 13 months), at <http://senrs.com/coalition_forms_to_reverse_rising_trend_of_uninsured_americans.htm.

Burris Kawachi , and Sarat , supra note 1; Blankenship Kim M. and Koester S. , “Criminal Law, Policing Policy, and HIV Risk in Female Street Sex Workers and Injection Drug Users,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 548–59.

Hubbard R.L. , “Treatment Outcome Prospective Study (TOPS): Client Characteristics and Behaviors Before, During and After Treatment,” in Tims F.M. and Ludford J.P. , eds., Drug Abuse Treatment Evaluation Strategies Progress and Prospects (Rockville, Maryland: National Institute on Drug Abuse, 1984): at 60; Effective Medical Treatment of Opiate Addiction, NIH Consensus Statement, 15, no. 6 (November 17-19, 1997): 1–38, at 4 (panel concluded that “methadone maintenance treatment is effective in reducing illicit opiate drug use, in reducing crime, and in enhancing social productivity, and in reducing the spread of viral diseases such as AIDS and hepatitis”); Farrell M. , “Effectiveness of Drug Dependence Treatment in Prevention of HIV Among IDUs,” Abstract No. A888, 13th International Conference on Reduction of Drug Related Harm, Ljubljana, Slovenia, March 3–7, 2002 (summarizes meta-analyses of the efficacy of drug treatment programs, including methadone maintenance, in reducing HIV-risk behavior; overall finding that methadone maintenance has a significant benefit on risk behavior, although some data inconsistent); Tyndall M.W. , “The Impact of Initiating Methadone Maintenance Treatment on Patterns of Drug Use and Other Risk Behaviors in Vancouver, Canada,” Abstract No. A186, 13th International Conference on Reduction of Drug Related Harm, Ljubljana, Slovenia, March 3–7, 2002 (reporting “marked reduction in non-fatal over-doses, sex trade work, and incarcerations with modest reduction in overall drug use”); Gottheil E. Sterling R.C. , and Weinstein S.P. , “Diminished Illicit Drug Use as a Consequence of Long-Term Methadone Maintenance,” Journal of Addictive Diseases, 12, no. 4 (1993): 45–57.

National Institute of Drug Abuse, Buprenorphine Update: Questions and Answers, at <http://165.112.78.61/Bupupdate.html> (last updated January 30, 2001).

Feillan D.A. , “Methadone Maintenance in Primary Care: A Randomized Controlled Trial,” JAMA, 286 (2001): 1724–31, at 1724.

Rounsaville B.J. and Kosten T.R. , “Treatment of Opioid Dependence: Quality and Access,” JAMA, 283 (2000): 1337–39; Weinrich M. and Stuart M. , “Provision of Methadone Treatment in Primary Care Medical Practices: Review of the Scottish Experience and Implications for U.S. Policy,” JAMA, 283 (2000): 1343–48.

Effective Medical Treatment of Opiate Addiction, supra note 35, at 2.

Harris D.A. , Driving While Black: Racial Profiling on Our Nation's Highways, American Civil Liberties Union Special Report (June 1999), available at <http://www.aclu.org/profiling/report/>; American Civil Liberties Union, “Is Jim Crow Justice Alive and Well in America Today?,” at <http://www.aclu.org/profiling/> (last visited May 11, 2002).

U.S. Department of Justice, Bureau of Justice Statistics, Prisoners in 1996 (Washington D.C.: U.S. Department of Justice, 1997).

Mauer M. , Americans Behind Bars: U.S. and International Rates of Incarceration, 1995 (Washington, D.C.: The Sentencing Project, 1997).

Currie E. , Crime and Punishment in America (New York: Metropolitan Books, Henry Holt and Company, 1998): at 15.

U.S. Department of Justice, supra note 42.

Mauer M. Potler C. , and Wolf R. , Gender and Justice: Women, Drugs, and Sentencing Policy (Washington, D.C.: The Sentencing Project, 1999).

Beck A.J. and Karberg J. , Bureau of Justice Statistics, Prison and Jail Inmates at Midyear 2000 (Washington D.C.: U.S. Department of Justice, March 2001): at 9.

Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services, Summary of Findings from the 2000 National Household Survey on Drug Abuse (Rockville, Maryland: SAMHSA, 2001): at 124 (Table E.4), 132 (Table F.2), and 144 (Table F.14), available at <http://www.samhsa.gov/oas/NHSDA/2kNHSDA/lot.htm>.

“Race and the War on Drugs,” Drug Policy Alliance, Online Library, Focal Point (March 2001), available at <http://www.lindesmith.org/library/focal_race2.html> (last visited June 5, 2002).

Durose M.R. and Langan P.A. , Bureau of Justice Statistics, State Court Sentencing of Convicted Felons, 1998 Statistical Tables (Washington, D.C.: U.S. Department of Justice, December 2001): at Table 2.5, available at <http://www.ojp.usdoj.gov/bjs/abstract/scsc98st.htm>; Meierhoefer B.S. , The General Effect of Mandatory Minimum Prison Terms: A Longitudinal Study of Federal Sentences Imposed (Washington, D.C.: Federal Judicial Center, 1992): at 20.

“Crack Cocaine Sentencing Policy: Unjustified and Unreasonable,” The Sentencing Project, available at <http://www.sentencingproject.org/brief/pub1003.htm> (last visited June 5, 2002) (The federal law mandates similar sentences for quantities of crack: Powder cocaine of 1:100, and mandatory prison sentences for simple possession of crack, even for first-time offenders. This means that someone caught with five grams of crack will be sentenced to 5 years in prison, while possession of five grams of powder cocaine will probably receive probation.)

“U.S. Prisons Fail to Adopt Proven Prevention Measures, Experts Say,” AIDS Policy Law, 12, no. 6 (April 4, 1997): 1, 9–10.

See Blankenship and Koester , supra note 34.

Lee D. , “HIV Risks in a Homeless Population,” International Journal of STD & AIDS, 11, no. 8 (2000): 509–15; Takahashi L.M. , “The Socio-Spatial Stigmatization of Homelessness and HIV/AIDS: Toward an Explanation of the NIMBY Syndrome,” Social Science & Medicine, 45, no. 6 (1997): 903–14.

Zanis D.A. , “HIV Risks Among Homeless Men Differentiated by Cocaine Use and Psychiatric Distress,” Addictive Behaviors, 22, no. 2 (1997): 287–92; Kral A.H. , “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.

Bourgois P. , “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.

Attorney General Barr William has been quoted as asserting that African-Americans would benefit disproportionately from increased incarcerations (of African-Americans) for drug offenses; Tonry M. , 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>.

Meares T.L. , “Social Organization and Drug Law Enforcement,” American Criminal Law Review, 35 (1998): 191–227, at 191, 198–205.

Zimring F.E. and Hawkins G.J. , Deterrence: The Legal Threat in Crime Control (Chicago: University of Chicago Press, 1973); Becker G. , “Crime and Punishment: An Economic Approach,” Journal of Political Economy, 76 (1968): 169–217.

Tyler T. , Why People Obey the Law (New Haven: Yale University Press, 1990); Tyler T.R. , “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.

See Meares , supra note 59, at 212.

See id. at 210–14.

See Tyler , supra note 61.

See Meares , supra note 59.

Morin S.F. , “Early Detection of HIV: Assessing the Legislative Context,” Journal of Acquired Immune Deficiency Syndromes, 2, suppl. 2 (2000): S144–50.

Lazzarini Z. Bray S. , and Burris S , “Evaluating the Impact of Criminal Laws on HIV Risk Behavior,” Journal of Law, Medicine & Ethics, 30, no. 2 (2002): 239–53.

For discussions in the legal literature, see Hodge J.G. and Gostin L.O. , “Handling Cases of Willful Exposure Through HIV Partner Counseling and Referral Services,” Women's Rights Law Reporter, 23 (2001): 45–62; Sullivan K. and Field M. , “AIDS and the Coercive Power of the State,” Harvard Civil Rights-Civil Liberties Law Review, 23 (1988): 139–97; Shriver C.M. , “State Approaches to Criminalizing the Exposure of HIV: Problems in Statutory Construction, Constitutionality and Implications,” Northern Illinois University Law Review, 21 (2001): 319–53; Mosiello J. , “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; Chambers D.L. , “Gay Men, AIDS, and the Code of the Condom,” Harvard Civil Rights-Civil Liberties Law Review, 29 (1994): 353–85; Hermann D.H.J. , “Criminalizing Conduct Related to HIV Transmission,” Saint Louis University Public Law Review, 9 (1990): 351–78; Schultz G.P. and Parmenter C.A. , “Medical Necessity, AIDS, and the Law,” Saint Louis University Public Law Review, 9 (1990): 379–419; Gostin L. , “The Politics of AIDS: Compulsory State Powers, Public Health, and Civil Liberties,” Ohio State Law Journal, 49 (1989): 1017–58; Schultz G. , “AIDS: Public Health and the Criminal Law,” Saint Louis University Public Law Review, 7 (1988): 65–113; Closen M.L. , “Discussion: Criminalization of an Epidemic: HIV-AIDS and Criminal Exposure Laws,” Arkansas Law Review, 46 (1994): 921–83; Markus M. , “A Treatment for the Disease: Criminal HIV Transmission/Exposure Laws,” Nova Law Review, 23 (1999): 847–79.

Lazzarini Zita , Principle Investigator, “Influence of Criminal Law on HIV Sexual Risk Behavior,” supported by CDC grant numbers R06/CCR118660–01 and H400-898-2021.

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.

See Chesney M. and Smith A. , “Critical Delays in HIV Testing and Care: The Potential Role of Stigma,” American Behavioral Scientist, 42 (1999): 1162–74; Herek G. , “AIDS and Stigma,” American Behavioral Scientist, 42 (1999): 1106–16.

See Lazzarini Bray , and Burris , supra note 67.

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.

See Wypijewski J. , “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.

See Centers for Disease Control and Prevention, supra note 3; Karon , supra note 9; Centers for Disease Control and Prevention, supra note 2; Zierler and Krieger , supra note 19; Castro K.G. , “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.

See U.S. Department of Housing and Urban Development's website for these definitions, available at <http://www.hud.gov>.

Department of Housing and Urban Development v. Rucker, No. 00-1770, 2002 U.S. LEXIS 2144 (U.S. March 26, 2002).

See Montoya I.D. , “Barriers to Social Services for HIV-infected Urban Migrators,” AIDS Education and Prevention, 10, no. 4 (1998): 366–79.

See Lee , supra note 55.

See Takahashi , supra note 55.

See Pfeifer R.W. and Oliver J. , “A Study of HIV Seroprevalence in a Group of Homeless Youth in Hollywood, California,” Journal of Adolescent Health, 20, no. 5 (1997): 339–42; Clements K. , “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; Clatts M.C. , “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; Bailey S.L. Camlin C.S. , and Ennett S.T. , “Substance Use and Risky Sexual Behavior Among Homeless and Runaway Youth,” Journal of Adolescent Health, 23, no. 6 (1998): 378–88; Kral , supra note 56.

See Somlai A.M. , “Patterns, Predictors, and Situational Contexts of HIV Risk Behaviors Among Homeless Men and Women,” Social Work, 43, no. 1 (1998): 7–20.

See Smereck G.A.D. and Hockman E.M. , “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 , supra note 56.

See Aidala A.A. , Housing, Health & Wellness Study: Final Report (October 4, 2000); Arno P.S. , “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.

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).

See Atkinson A.B. Rainwater L. , and Smeeding T.M. , 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).

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); Wolff E. , Top Heavy: A Study of the Increasing Inequality of Wealth in America (New York: 20th Century Fund, 1995).

Kawachi I. , “Income Inequality and Health,” in Berkman L. and Kawachi I. , eds., Social Epidemiology (New York: Oxford University Press, 2000): 76–94; Kennedy B.P. Kawachi I. , and Prothrow-Stith D. , “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); Lynch J.W. , “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).

Jacoby M. , “Does Indebtedness Influence Health? A Preliminary Inquiry,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 560–71.

See Centers for Disease Control and Prevention, supra note 3.

Burris Kawachi , and Sarat , supra note 1.

See Lehman J.S. , “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); Marmor T.R. Mashaw J.L. , and Harvey P.L. , America's Misunderstood Welfare State: Persistent Myths, Enduring Realities (New York: Basic Books, 1990); Heclo H. , “Poverty Politics,” in Danziger S.H. Sandefur G.D. , and Weinberg D.H. , eds., Confronting Poverty: Prescriptions for Change (New York: Russell Sage Foundation, 1994): 396–437.

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).

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>.

See Heymann J.S. , “Health and Social Policy,” in Berkman L. and Kawachi I. , eds., Social Epidemiology (New York: Oxford University Press, 2000).

Zill N. Resnick G. , and McKey R.H. , 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/albqfinl2.doc> (finding that children in Head Start achieve significant gains in preparedness for kindergarten and improvement in academically and socially related skills); Graces E. Thomas D. , and Currie J. , 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).

See Burtless G. , “Public Spending on the Poor: Historical Trends and Economic Limits,” in Danziger S.H. Sandefur G.D. , and Weinberg D.H. , 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).

Section 115 (a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.

Allard P. , Life Sentences: Denying Welfare Benefits to Women Convicted of Drug Offenses (Washington, D.C.: The Sentencing Project, February 2002).

See id.

See Rotheram B.M.J. , “Expanding the Range of Interventions to Reduce HIV Among Adolescents,” AIDS, 14, suppl. 1 (2000): S33–40.

See Cohen D. , “Broken Windows and the Risk of Gonorrhea,” American Journal of Public Health, 90, no. 2 (2000): 230–36.

See Lichtenstein B. , “Secret Encounters: Black Men, Bi-sexuality, and AIDS in Alabama,” Medical Anthropology Quarterly, 14, no. 3 (2000): 374–93.

See Peterson J.L. , “AIDS-Related Risks and Same-Sex Behaviors Among African American Men,” in Levine M.P. Nardi P.M. , and Gagnon J.H. , eds., Changing Times: Gay Men and Lesbians Encounter HIV/AIDS (Chicago: University of Chicago Press, 1997): 283–301; Lichtenstein, supra note 103.

See Valleroy L.A. , “HIV Prevalence and Associated Risks in Young Men Who Have Sex with Men,” JAMA, 284, no. 2 (2000): 198–204.

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.

See Meares , supra note 59, at 213; James D. , “The Racial Ghetto as a Race-Making Situation,” Law & Society Inquiry, 19 (1994): 407, 420–28; Anderson E. , Streetwise: Race, Class and Change in an Urban Community (Chicago: University of Chicago Press, 1990): at 208.

See Shaw C. and McKay H. , Juvenile Delinquency and Urban Areas (Chicago: University of Chicago Press, 1969): at 321.

Fellner J. and Mauer M. , 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).

See Meares , supra note 59. See generally Verba S. , Voice and Equality: Civic Voluntarism in American Politics (Cambridge: Harvard University Press, 1996).

See Meares , supra note 59, at 209–10.

Greenfield L.A. and Snell T.L. , Bureau of Justice Statistics, Women Offenders (Washington, D.C.: U.S. Department of Justice, 1999): at 8, Table 18.

Mumola C. J. , Bureau of Justice Statistics, Incarcerated Parents and Their Children (Washington, D.C.: U.S. Department of Justice, 2000): at 5.

See Meares , supra note 59, at 207.

Mauer M. , 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.”).

See Meares , supra note 59, at 209–10.

Sekaran S. , 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.html?StoryID=12501> (Higher Education Act (HEA) of 1998 delays or prohibits granting federal financial aid to any student convicted of nonviolent drug offenses, including misdemeanors.)

Dalaker J. , “Current Population Reports,” Poverty in the United States: 2000 (Washington, D.C.: U.S. Government Printing Office, September 2001): at Table A; Blank R. , It Takes a Nation: A New Agenda for Fighting Poverty (Princeton: Princeton University Press, 1997); Jenks C. , Rethinking Social Policy: Race, Poverty, and the Underclass (New York: Harper Perennial, 1993).

See Meares , supra note 59, at 207.

Haney C. and Zimbardo P. , “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.

See Allard , supra note 99.

Gostin L.O. Burris S. , and Lazzarini Z. , “The Law and the Public's Health: A Study of Infectious Disease Law in the United States,” Columbia Law Review, 59 (1999): 99–128.

Gostin L.O. and Mann J.M. , “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; Gostin L.O. and Lazzarini Z. , Human Rights and Public Health in the AIDS Pandemic (New York: Oxford University Press, 1997): at 57–67.

Watchirs H. , “Review of Methodologies Measuring Human Rights Implementation,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 716–33; O'Keefe E. and Scott-Samuel A. , “Human Rights and Wrongs: Could Health Impact Assessment Help?,” Journal of Law, Medicine & Ethics, 30, no. 4 (2002): 734–38.

Goldman D.P. , “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).

See Meares , supra note 59, at 217–20.

See id. at 219–20.

Strader K. , “Criminalization as a Response to a Public Health Gnus,” John Marshall Law Review, 27 (1994): 435–47, at 437.

See Lazzarini Bray , and Burris , supra note 67.

Klitzman R. , “Views of HIV-Related Policies Among HIV Positive Men and Women: HIV Named Reporting, Partner Notification, and Criminalization of Non-disclosure” (2002, in review).

See Tyler , supra note 61.

Rowe P.M. , “Commentary: Changing the Risk Behavior of Politicians,” Lancet, 349, no. 9051 (1997): 520.

Dalton H. , “Law and Responsibility Lecture Series: Shaping Responsible Behavior: Lessons from the AIDS Front,” Washington & Lee Law Review, 56 (1999): 931–52, at 934.