An earlier form of this article appeared as Omar Swartz, ‘Law and Access to AIDS Medicine: Critical Thoughts’ (2000) 5Holy Cross Journal of Law and Public Policy63–85. An expanded version of this paper will appear in SwartzOmar, The Rule of Law, Property, and the Violation of Human Rights: A Plea For Social Justice, ch 5 (in press).
WassermanStephanie, HIV/AIDS: Facts to Consider, 1999 (Washington, DC: National Conference of State Legislatures, 1999) 12.
4.
‘FDA Approves New AIDS Drug’,' Associated Press, 16 March 2003, <http://edition.cnn.com/2003/HEALTH/conditions/03/14/aids.drug/> at 11 August 2004. For a first person narrative on how the AIDS epidemic has ‘turned’ since 1996 for a certain small segment of the US population, see StanfordDavid, ‘Back to the Future: One's AIDS Tale Shows How Quickly Epidemic Has Turned’ (8 November 1996) The Wall Street JournalA12. The irony here, of course, is that in the US, the overall social structure is not being threatened by the AIDS epidemic as it is in other countries.
5.
Quoted in BadleyKen, Worldviews: The Challenge of Choice (1996) 210.
6.
HadlerNortin M, ‘Laboring for Longevity’ (1999) 41Journal of Occupation and Environmental Medicine617. Hadler also argues that disaffection is also lethal, and that ‘the less advantaged must have access to jobs that promise to sustain their self-respect’, 618.
7.
Quoted in HeywoodMarkCornellMorna, ‘Human Rights and AIDS in South Africa: From Right Margin to Left Margin’ (1998) 2Health and Human Rights77.
8.
Ibid.
9.
‘Appropriate Collaboration Between Industry and Government in the Development of an AIDS Vaccine’ (1989) 17Law, Medicine, and Health Care131.
10.
Ibid.
11.
Ibid135.
12.
Yania v Bigan 155 A.2d 343 (1959).
13.
Ibid346.
14.
In the determination of a duty, the law has made a distinction between action and inaction or between ‘misfeasance’ and ‘nonfeasance.’ Liability for misfeasance may extend to any person to whom harm may reasonably be foreseeable as a result of another's conduct. Liability for nonfeasance, on the other hand, requires some definite relationship between the parties so that social policy justifies the imposition of a duty to act.
15.
Prosser and Keeton on Torts (5th ed, 1984) 375.
16.
Ibid.
17.
‘The Tragedy of the Commons’ (1968) 162Science1244.
18.
Ibid.
19.
‘The Tragedy of the Commons’ above n 17, 1244.
20.
My information for this program comes from the website of the New York-based Covenant House, an independent NGO dedicated to the rehabilitation and defense of street children in South and Central America from a 17 December 2002 story in the Digital Freedom Network. See <www.covenanthouse.org/about_pc_la20021217_digital_freedom_netw.html> at 30 July 2004.
21.
Ibid.
22.
Ibid.
23.
Ibid.
24.
See PlattAnthony M, ‘The Politics of Law and Order’ (1994) 21Social Justice3–13 (discussing the privatisation of justice and security and the boom industry of prison construction).
25.
‘Human Rights And Aids: The Future of the Pandemic’ (1996) 30The John Marshall Law Review201.
26.
‘Burma and Cambodia: Human Rights, Social Disruption and the Spread of HIV/AIDS, (1998) 2Health and Human Rights85.
