HIV/AIDS legal issues in the United States

The HIV/AIDS epidemic continues to be a leading public health issue in the United States. During the past decade, the epidemic has shifted away from the gay community, although gay and bisexual men continue to be the largest single HIV exposure category. Now, HIV increasingly affects low-income people of colour in urban areas, as well as women. As AIDS becomes more and more a minority, inner-city disease, public focus on the epidemic as a significant social and political issue is waning. While a full survey of current issues in US law is beyond the scope of this article, the focus here is on current issues that are highly relevant to the direction the epidemic appears to be taking.     

South Africa: airline found guilty of employment discrimination

On 28 September 2000, the Constitutional Court of South Africa ruled that South African Airways (SAA) violated the constitutional rights of Jacques Hoffmann in September 1996 by refusing to employ him as a cabin attendant on the ground that he is HIV-positive.     

Canada loses appeal of WTO panel ruling on minimum patent terms

In the last issue, we reported on a ruling of a Panel of the World Trade Organization (WTO) that Canada was in breach of the international Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). The Panel found that Canada's Patent Act does not provide the minimum patent terms required by the trade agreement. Canada appealed that decision, but on 18 September 2000 the WTO Appellate Body upheld the Panel ruling.     

The business judgment rule and other protections for the conduct of not-for-profit directors

The authors review the Business Judgment Rule as applied to a not-for-profit director's duty of care, with particular emphasis on the different forms of state statutory liability shields that serve to enhance the protections of the Rule. They also examine current trends in enforcement of breach of fiduciary duty of care standards, and provide a series of specific recommendations for not-for-profit boards to consider implementing as a means of increasing the likelihood of affording such protections to individuals serving as directors.     

Collecting Africana

"To add a library to a house, is to give that house a soul."     

Bibliography of Recent Publications on Africa

This bibliography covers publications noticed between Septemberand November, 1953. It has been compiled with the co-operationof Professor T. Heyse (lately of the Belgian Ministry of Colonies)and Miss Ruth Jones (International African Institute).     

Innocent denials of known genocides: A further contribution to a psychology of denial of genocide

Conclusion The problem of revisionism, or efforts to deny and censor the incontrovertible history of known genocides, is a growing one. It is now clear that denial is inevitably a phase of the genocidal process, extending far beyond the immediate politically expedient denials of governments who are currently engaging in genocidal massacre or have just recently done so—i.e., the Chinese government's abject denials of the killings of some 5,000 in Tiananmen Square, or the Sri Lanka government's denials of the state-organized massacre of 5,000 Tamil. Denials of genocide continue long after the event by a variety of groups and people, including successor governments or successor enemies of the victim people, such as anti-Semites against Jews, Turks against Armenians, and bigots and celebrants of violence and murder of all sorts. But such denials also occur—and this is the most perplexing fact—among a variety of not obviously malevolent people, including intellectuals who, in the process of calling for a better world, effectively exonerate, support, encourage, and participate in denials of a known genocide, implicitly condoning and even celebrating its occurrence, meanings, and portents for the future. This article is an effort to study and analyze this latter phenomenon, which has been little recognized. Together with previous essays on the psychology of more explicit malevolent denials of genocide, the intention is to generate a broader psychological theory of denials of genocide and revisionism by proposing that there are also a variety of “innocent denials” of the factual reality or significance of known cases of genocide, and a variety of “innocent disavowals of violence” which in truth celebrate the violence. These “innocent denials” join with the well-known explicit bigots in creating a vast panorama of dangerous denials of genocides and implicit calls to new genocides in our world. The basic thesis of this article has been under development since its first presentation in a plenary address at the Soviet Academy of sciences in Yerevan, Armenia in 1990 on the occasion of the seventy-fifth anniversary of the Armenian Genocide.     

Towards the Real Cross-examination Criminal Procedure in Hungary

Act of XIX/1998 on Criminal Procedure that had become known in theeyes of the public and the legal sciences as The New Code on CriminalProcedure was promulgated by the Hungarian Parliament on its sessionof 10th of March 1998. The reason for the creation of such an Act was theeagerness to finally get rid of the criminal procedure act of the socialistera, e.g. to get rid of its principle of equality of two main phases: theinvestigation and the procedure in front of the court. Also it was among thepurposes of the new act to adjust our rules of procedure to the regulationsof the Western European Countries. The legislator was took into considerationthe general principles and institutions of Act XXXIII of 1896 on CriminalProcedure, without reviving its surpassed parts. The practices of the Strasbourginstitutes were considered as well.