scholarly journals The Moral Reading of HIV Prevention in the United States: Criminal Law and Tort Law

2021 ◽  
Vol 6 (02) ◽  
pp. 1-14
Author(s):  
Siradj Okta
Keyword(s):  
Public Health ◽  
United States ◽  
Hiv Prevention ◽  
Criminal Law ◽  
Tort Law ◽  
The United States ◽  
United States Government ◽  
Moral Claim ◽  
Hiv Exposure ◽  
The Difference

The United States government has been campaigning to encourage people to take HIV testing and thus get treated. It is puzzling that more than 50% of States have HIV-specific criminal laws that criminalize both exposure and transmission. At the same time, there is an increased tort law to seek financial compensation for unwanted HIV exposure and transmission. While both laws the moral claim of protecting people from HIV infection, this paper is trying to find an answer to the following inquiry: What is the difference of the moral reading between the use of criminal law and tort law in addressing HIV prevention in the United States? This paper uses the traditional descriptive comparison between criminal law and tort law under the American legal system with a nationwide jurisdictional scope. This paper measures the difference using the frame of reference of Ronald Dworkin's law, morality, and interpretation theory. Both criminal law and tort law have been developing similar liability principles regarding HIV exposure and transmission under the United States' common law tradition. For HIV prevention itself, both criminal law and tort law play a marginal role in gaining public health purposes in reversing the HIV epidemic. Criminal law has been scrutinized as not aligned with the purpose of law where misconceptions exist in both substantive dimension and the underlying moral claim. Tort law, on the other hand, suffers an even less moral claim on public health purposes. However, tort law maintains a consistent narrow sense of financial liability.

scholarly journals Modelling COVID-19 Transmission in the United States through Interstate and Foreign Travels and Evaluating Impact of Governmental Public Health Interventions

2020 ◽  
Author(s):  
Nita H. Shah ◽  
Nisha Sheoran ◽  
Ekta Jayswal ◽  
Dhairya Shukla ◽  
Nehal Shukla ◽  
...  
Keyword(s):  
Public Health ◽  
United States ◽  
Equilibrium Points ◽  
The United States ◽  
Health Interventions ◽  
United States Government ◽  
Optimal Controls ◽  
Public Health Interventions ◽  
Foreign Travel ◽  
Travel Restrictions

AbstractBackgroundThe first case of COVID-19 was reported in Wuhan, China in December 2019. The disease has spread to 210 countries and has been labelled as pandemic by WHO. Modelling, evaluating, and predicting the rate of disease transmission is crucial for epidemic prevention and control. Our aim is to assess the impact of interstate and foreign travel and public health interventions implemented by the United States government in response to the Covid-19 pandemic.MethodsA disjoint mutually exclusive compartmental model is developed to study transmission dynamics of the novel coronavirus. A system of non-linear differential equations was formulated and the basic reproduction number R0 was computed. Stability of the model was evaluated at the equilibrium points. Optimal controls were applied in the form of travel restrictions and quarantine. Numerical simulations were conducted.ResultsAnalysis shows that the model is locally asymptomatically stable, at endemic and foreigners free equilibrium points. Without any mitigation measures, infectivity and subsequent hospitalization of the population increases while placing interstates individuals and foreigners under quarantine, decreases the chances of exposure and subsequent infection, leading to an increase in the recovery rate.ConclusionInterstate and foreign travel restrictions, in addition to quarantine, help in effectively controlling the epidemic.

The Personnel of the Criminal Law in England and the United States

1955 ◽  
Vol 13 (1) ◽  
pp. 80-100
Author(s):  
J. C. Smith
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Procedure ◽  
The United States ◽  
The Other ◽  
Large Measure ◽  
Distribution Of Powers ◽  
The Difference ◽  
The One

The success of any system of law depends, in the last resort, on the personnel who administer it. However perfect the procedure of a system may be in theory, it will not work well in practice if the officials who operate it are inefficient or lack proper powers: whereas, with efficient personnel having adequate powers, imperfections of procedure may be of little consequence. The fundamental principles of criminal procedure are the same in England and the United States; yet in the one country there is satisfaction, amounting, perhaps, to complacency, with the operation of the criminal law; while in the other there is almost universal dissatisfaction. This dissatisfaction has provoked a great deal of detailed research in America into the deficiencies of criminal justice, by both public commissions and private individuals, and, consequently, the publication of much frank and vigorous criticism. An examination of this criticism shows that, in the opinion of the American commentators, the factor of personnel is at the root of a great many of their troubles.It is indeed the submission of this article that the important differences in the actual administration of the criminal law in England and America arise, in large measure, from the difference in status and character of the personnel who administer the law; and, in particular, from the differences in the distribution of powers among them. A comparison of some aspects of the powers, prestige, character and abilities of the judges, juries and counsel who, between them, are responsible for dispensing criminal justice in the higher courts in the two countries, will, it is believed, reveal that this is so.

scholarly journals Paying for Prevention: Challenges to Health Insurance Coverage for Biomedical HIV Prevention in the United States

2012 ◽  
Vol 38 (4) ◽  
pp. 607-666 ◽  
Author(s):  
Kristen Underhill
Keyword(s):  
Public Health ◽  
United States ◽  
Health Insurance ◽  
Hiv Prevention ◽  
Insurance Coverage ◽  
Health Insurance Coverage ◽  
The United States ◽  
Antiretroviral Drugs ◽  
Biomedical Hiv Prevention ◽  
Legal Grounds

Reducing the incidence of HIV infection continues to be a crucial public health priority in the United States, especially among populations at elevated risk such as men who have sex with men, transgender women, people who inject drugs, and racial and ethnic minority communities. Although most HIV prevention efforts to date have focused on changing risky behaviors, the past decade yielded efficacious new biomedical technologies designed to prevent infection, such as the prophylactic use of antiretroviral drugs and the first indications of an efficacious vaccine. Access to prevention technologies will be a significant part of the next decade's response to HIV, and advocates are mobilizing to achieve more widespread use of these interventions. These breakthroughs, however, arrive at a time of escalating healthcare costs; health insurance coverage therefore raises pressing new questions about priority-setting and the allocation of responsibility for public health. The goals of this Article are to identify legal challenges and potential solutions for expanding access to biomedical HIV prevention through health insurance coverage. This Article discusses the public policy implications of HIV prevention coverage decisions, assesses possible legal grounds on which insurers may initially deny coverage for these technologies, and evaluates the extent to which these denials may survive external and judicial review. Because several of these legal grounds may be persuasive, particularly denials on the basis of medical necessity, this Article also explores alternative strategies for financing biomedical HIV prevention efforts.

scholarly journals A comparison of pathogenesis of Diabetes in China and the United States

2021 ◽  
Vol 233 ◽  
pp. 02018
Author(s):  
Hui Wen
Keyword(s):  
Public Health ◽  
United States ◽  
Type 2 Diabetes ◽  
United States Of America ◽  
Public Health Problem ◽  
The United States ◽  
The Difference ◽  
Different Cultures

Diabetes Mellitus is a growing public health problem recent year. Diabetes has two main kinds: type 1 and type 2. Accumulating evidence suggests that genetic predisposition plays an important role in type 1 diabetes. This may be one reason that cause the difference between China and U.S. Within diabetes patients, more than 90% have type 2 diabetes. However, the prevalence of type 2 diabetes in China and United States of America is quite different, with 11.6% and 13% in two countries, respectively. Two countries with completely different cultures and histories have such slight differences in the prevalence of type 2 diabetes. Based on this fact, this paper will introduce the pathogenesis of diabetes and how it differs between the two countries.

PUBLIC HEALTH

PEDIATRICS ◽  
1961 ◽  
Vol 27 (3) ◽  
pp. 480-484
Author(s):  
George P. Larrick
Keyword(s):  
Public Health ◽  
United States ◽  
Drug Administration ◽  
Food And Drug Administration ◽  
The United States ◽  
United States Government ◽  
Drug Control ◽  
Government Control ◽  
Federal Food ◽  
States Government

IN THE United States, government control of drug manufacture is accomplished largely through application of the Federal Food, Drug, and Cosmetic Act. This is a law of broad scope, which deals with such important matters as the purity, potency, safety, labeling and methods of distribution of drugs imported into the country or shipped from one state to another. The Food and Drug Administration administers this law. I shall describe the drug control provisions of the law, discuss briefly the development of some of its more important aspects, and mention some current problems with which we in the Food and Drug Administration are now dealing. The United States law provides three principal types of control over drugs. These are 1) the certification procedures; 2) the new drug procedures; and 3) the general procedures applicable to drugs that do not fall into the first two groups.

scholarly journals Prevalence and Public Health Implications of State Laws that Criminalize Potential HIV Exposure in the United States

2014 ◽  
Vol 18 (6) ◽  
pp. 997-1006 ◽  
Author(s):  
J. Stan Lehman ◽  
Meredith H. Carr ◽  
Allison J. Nichol ◽  
Alberto Ruisanchez ◽  
David W. Knight ◽  
...  
Keyword(s):  
Public Health ◽  
United States ◽  
The United States ◽  
State Laws ◽  
Health Implications ◽  
Hiv Exposure

scholarly journals Public Health Practice-Driven Research to Improve HIV Prevention in the United States

2019 ◽  
Vol 82 ◽  
pp. S279-S285 ◽  
Author(s):  
Julia C. Dombrowski ◽  
Mary Irvine ◽  
Denis Nash ◽  
Graham Harriman ◽  
Matthew R. Golden
Keyword(s):  
Public Health ◽  
United States ◽  
Hiv Prevention ◽  
Public Health Practice ◽  
The United States ◽  
Health Practice

scholarly journals Gender and Medical Inspections at Ellis Island

2016 ◽  
Vol 7 (1) ◽  
pp. 15
Author(s):  
Letitia Johnson
Keyword(s):  
Public Health ◽  
United States ◽  
New York ◽  
Health Service ◽  
Public Health Service ◽  
United States Public Health ◽  
The United States ◽  
United States Government ◽  
Primary Concern ◽  
Ellis Island

For many immigrants to the United States, between 1892 and 1924, admission was contingent upon a medical inspection at an immigration centre, such as the one located at Ellis Island in the harbour of New York City. Much like passing through customs or security at airports today, these medical inspections were dreaded by immigrant travellers, and United States Government and Public Health Service (PHS) publications show that these medical inspections were escalating in intensity and emphasis during the early twentieth-century. The purpose of the PHS inspections becomes especially evident when looking at the gender considerations, or lack thereof, which arose during medical inspections at Ellis Island. A gender analysis of the PHS medical inspections, examined through the use of oral histories and photographs, provides a window into understanding the primary concern of the United States Public Health Service. 

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