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29 Buff. Pub. Int. L.J. 153 (2010-2011)
A Breeding Ground for Communicable Disease: What to Do about Public Health Hazards in New York Prisons

handle is hein.journals/bufpij29 and id is 159 raw text is: A BREEDING GROUND FOR COMMUNICABLE DISEASE: WHAT TO DO ABOUT PUBLIC HEALTH HAZARDS IN NEW YORK PRISONS CLAIRE FORTINt INTRODUCTION .......................... .....1 54 I. HISTORY OF THE COMMUNICABLE DISEASE ISSUE IN PRISONS .............................. 156 A. Profile of the Inmate Population.......... .....160 1. HIV/AIDS .................................... 162 2. Hepatitis C and Tuberculosis ...............164 II. CURRENT LAWS APPLICABLE TO COMMUNICABLE DISEASE AND RELATED ISSUES IN CORRECTIONAL FACILITIES .......................... .....1 66 III. INDIVIDUAL'S RIGHTS AND THE STATE'S INTERESTS IN CONROLLING COMMUNCABLE DISEASE IN PRISONS ................................169 A. 8th Amendment Right to be Free from Cruel and Unusual Punishment ..............................169 B. 14th Amendment Right to Due Process ................ 174 C. Privacy Interests ................................177 D. Right to Diagnosis and Treatment of Disease............... 181 IV. SHORTCOMINGS OF COMMUNICABLE DISEASE CONTROL IN THE PRISON SYSTEM ....... ........ 183 V. SUGGESTIONS TO IMPROVE THE DEFICIENCES OF DISEASE CONTROL AND PREVENTION IN CORRECTIONAL FACILITIES .................185 CONCLUSION ................................. 190 t Claire Fortin is a third year law student at the University at Buffalo Law School. This Comment was selected as the winner of the Buffalo Public Interest Law Journal Student Writing Competition for the 2010-2011 school year. I would like to thank Professor Ruqaiijah Yearby for guiding me through the process of writing this Comment. I'd also like to thank my colleagues on the Buffalo Public Interest Law Journal, especially Lindsay McKenna and Aidan Mitchell-Eaton, for editing this Comment to make it the best that it could be.

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