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Volume 16 - Fall 1991

Contents

Page 2 of 3

Review Essay

Articles

  • Court Management of AIDS Disputes: A Sociolegal Analysis

  • Michael C. Musheno, Peter R. Gregware, Kriss A. Drass
  • Published online by Cambridge University Press:
    27 December 2018, pp. 737-774

  • Historically, disease scares reveal contradictions in the social order. We postulate that courts focus on depoliticizing social tensions revealed by AIDS, legitimating the routines of dominant parties in the AIDS sociolegal network. At the same time, courts deviate from their normal practices try upholding the claims of subordinate parties in this network, particularly people living with AIDS (PWAs) and their allies. Our analysis of 36 AlDS-related court rulings, published during the formative years of AIDS litigation in the United States, supports the notion that courts operate as “double-edged” institutions. To explain the duality of judicial decision making, we concentrate on the powers of social and cultural factors rather than on the doctrinal judgments of the courts. We trace how relational attributes, evident in contestants' characteristics (e.g., plaintiff/defendant, status differentials) and the nature of claims (i.e., restrictive/expansive), combine to account for wins for dominant parties and how other combinations of these attributes define wins for subordinate parties. We also show how judges combine specific interpretational attributes in the text of their rulings (e.g., use of divisive AIDS metaphors, deference to medical authority) to justify wins. We consolidate these findings to discuss how PWAs and their allies might use the courts to their advantage and point out the ways in which the changing epidemiology of AIDS in the United States limits the use of courts.

Commentary:

Review Essay

Review Essay

Book Review

Review Essay

Book Notes

Review Essay

Book Review

Review Essay

Front matter

  • LSI volume 16 issue 2 Cover and Front matter

  • Published online by Cambridge University Press:
    27 December 2018, pp. f1-f5
    • Article
      • You have access
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Book Notes

Back matter

  • LSI volume 16 issue 2 Cover and Back matter

  • Published online by Cambridge University Press:
    27 December 2018, pp. b1-b8
    • Article
      • You have access
    • PDF
    • Export citation

Book Notes

Front matter

  • LSI volume 16 issue 1 Cover and Front matter

  • Published online by Cambridge University Press:
    27 December 2018, pp. f1-f5
    • Article
      • You have access
    • PDF
    • Export citation

Page 2 of 3