The CHLP Resource Bank: Research at your fingertips

The Center for HIV Law and Policy's Resource Bank—the first and only of its kind—is a comprehensive database of quality memoranda, research, reports, legal guides, court and agency decisions, pleadings and briefs, policy analyses and recommendations, and other materials on topics of importance to people living with HIV and their advocates. The Resource Bank provides free, unlimited access to these substantive resources to support and increase the advocacy power and expertise of attorneys, community members, and service providers, as well as all people living with HIV.

Resource Bank materials are organized by topic and by document type. Using the search function below, users can choose to filter their search using any combination of keywords, selected topics, and document types. Resources are often cross-referenced under multiple topics to ensure that they are easily found by a user searching any of the topics to which a resource is relevant.

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Results
Found 46 documents
Compilations of Laws and Cases
Document Type: Compilations of Laws and Cases  
Date: 2002  
Summary: This non-exhaustive list compiles citations of helpful opinions and scholarly journal articles on the criminalization of HIV transmission. Cases include ones that consider ...
 
Document Type: Compilations of Laws and Cases  
Date: 2010-June-2  
Summary: This list, although not exhaustive, provides a broad snapshot of the spate of prosecutions for HIV exposure in the United States from 2008 through March 2010. Every ...
 
Document Type: Compilations of Laws and Cases  
Date: 2010-July  
Summary: This chart, updated in July 2010, includes state-by-state information on criminal laws related to exposure and transmission of HIV for all 50 states and the District of ...
 
 
Court and Agency Decisions and Orders
Document Type: Court and Agency Decisions and Orders  
Date: 1989  
Summary: Brock v. State presented a question of first impression to Alabama courts when the Alabama Attorney General prosecuted Adam Brock for attempted murder after the ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2009  
Summary: In 2006, an HIV-positive man, Campbell, was convicted of assault when he allegedly became confrontational and spat on a police officer's eyes and mouth during an ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2010-June-2  
Summary: On June 2, 2010, a Macomb County, Michigan Circuit Court judge dismissed an October 2009 charge brought under the state's anti-bioterrorism law against Allen, an ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 1993-March-19  
Summary: Dempsey, 34-years-old, was convicted of aggravated criminal assault and criminal exposure to bodily fluids that could transmit HIV after he forced his 9-year-old younger ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2007  
Summary: In 2004, an HIV positive inmate in Michigan was convicted on three counts of assault when he allegedly punched and spat on correctional officers during an altercation. ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 1990  
Summary: Scroggins was convicted of aggravated assault with intent to murder after he allegedly bit a police officer during an arrest. At a hospital after the encounter, Scroggins ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 1996-August  
Summary: In a case with horrific facts, the Maryland Court of Appeals, the state's highest court, reversed an HIV-positive rapist's attempted murder convictions, concluding ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2009-May-08  
Summary: In violation of an Ohio HIV notification law, Jonathon Eversole tested positive for HIV and engaged in a sexual relationship with another person without first disclosing ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2000-April-14  
Summary: The New Mexico Court of Appeals found that spitting and throwing other bodily fluids at a police officer or corrections officer could meet the definition of battery as ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2008-June-11  
Summary: Mubita was convicted of eleven counts of transferring body fluids containing HIV under Idaho statute Idaho Code Ann. §39-608. Mubita received a sentence of four ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2009-June-19  
Summary: This summary was excerpted from the excellent description of the case provided by Art Leonard on Leonard Link. For the full case description and analysis, click ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 1999  
Summary: Thomas was found guilty of transferring body fluid while HIV positive in violation of Idaho law, Idaho Code Ann. § 39-608. Thomas received a maximum fifteen-year ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2008-May-06  
Summary: A married army staff sergeant was charged with two counts of attempted murder in military court after it was discovered that he was having sex with women outside of his ...
 
Document Type: Court and Agency Decisions and Orders  
Date: 2008-March-03  
Summary: This opinion involves an appeal from an aggravated assault conviction brought against an officer in the Coast Guard who allegedly had unprotected vaginal intercourse with ...
 
 
Executive Orders, Reports, and Directives
Document Type: Executive Orders, Reports, and Directives  
Date: 2010-July-13  
Summary: On July 13, 2010, the Obama administration released the National HIV/AIDS Strategy (NHAS) for the United States. The NHAS is the culmination of work and advocacy by people ...
 
Document Type: Executive Orders, Reports, and Directives  
Date: 2010-July-13  
Summary: The National HIV/AIDS Strategy (NHAS) Implementation Plan sets short term Federal benchmarks as well as longer-term mandates for multiple federal agencies responsible for ...
 
Document Type: Executive Orders, Reports, and Directives  
Date: 2010-July-13  
Summary: The President's Memorandum on the National HIV/AIDS Strategy (NHAS) summarizes the responsibilities of individual Federal agencies in outlining a strategy to meet the ...
 
 
International Commitments and United Nations Documents
Document Type: International Commitments and United Nations Documents  
Date: 2006  
Summary: A revised and consolidated version of the original guidelines published in 1996, the purpose of the Guidelines is “to assist States in creating a positive, ...
 
 
Letters and Other Advocacy Documents
Document Type: Letters and Other Advocacy Documents  
Date: 2008-December  
Summary: The Open Society Institute writes that “[t]his document, co-produced by OSI, provides ten reasons why criminalizing HIV exposure or transmission is generally an ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2010-May-17  
Summary: In April 2010, the White House Office of National AIDS Policy (ONAP) released its first report, summarizing community discussions that had taken place around the country ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2008-October  
Summary: Since the beginning of the epidemic, people with HIV and their advocates have been calling on the President of the United States to take ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2009-July  
Summary: This set of recommendations to the Obama Administration and its Office of National AIDS Policy is the product of a convening of Ford Foundation grantees, consisting of ...
 
Document Type: Letters and Other Advocacy Documents  
Date: 2009-March  
Summary: To avoid a court battle, or to win a case once in court, people with HIV may need to introduce evidence or affidavits demonstrating that they pose no significant risk of ...
 
 
Pleadings and Briefs
Document Type: Pleadings and Briefs  
Date: 2010-March-31  
Summary: The ACLU of Michigan argues in its amicus brief that a Michigan bioterrorism statute should not be applied to an HIV-positive individual who allegedly bit another ...
 
Document Type: Pleadings and Briefs  
Date: 2010-June  
Summary: On April 19, 2010, Lambda Legal and several partners submitted an amicus curiae brief on behalf of Allen, an HIV-positive man in Michigan charged with bioterrorism after ...
 
Document Type: Pleadings and Briefs  
Date: 1997-August-07  
Summary: Lambda Legal submitted this amicus brief on behalf of an HIV-positive defendant in an appeal of a criminal conviction for assault with a deadly weapon for spitting in a ...
 
Document Type: Pleadings and Briefs  
Date: 2009-June  
Summary: In this brief, the Center for HIV Law and Policy, National Advocates for Pregnant women, and other amici argue that a federal judge in the District of Maine improperly ...
 
Document Type: Pleadings and Briefs  
Date: 2010-June  
Summary: Lambda Legal the American Academy of HIV Medicine, the Association of Nurses in AIDS Care, and the HIV Medicine Association filed this amicus curiae (meaning "friend ...
 
 
Press--Releases, Articles, etc.
Document Type: Press--Releases, Articles, etc.  
Date: 2005-August-12  
Summary: This news report summarizes research, published in 2005 in an online sexuality research journal, that raises concerns about continuing criminal prosecutions of people ...
 
Document Type: Press--Releases, Articles, etc.  
Date: 2009-July-09  
Summary: The Center for HIV Law and Policy (CHLP), along with thirteen organizations working to advance the health and rights of women living with HIV in the United States, sent a ...
 
 
Research and Journal Articles
Document Type: Research and Journal Articles  
Date: 2010-March  
Summary: While tort law has held individuals liable for negligently spreading certain communicable disease since the late 19th century, most recent civil cases in this area has ...
 
Document Type: Research and Journal Articles  
Date: 2003  
Summary: This study challenges the rationale for the criminalization of HIV transmission by demonstrating that prosecutions of these case are unlikely to serve the public health ...
 
Document Type: Research and Journal Articles  
Date: 2009  
Summary: This article argues that the U.S. National HIV/AIDS Strategy must explicitly commit to a human rights framework when developing programs and policies that address the ...
 
Document Type: Research and Journal Articles  
Date: 2008-July  
Summary: This issue, published in English and Spanish, focuses on the rights of sex workers. It addresses: (1) police raids and "rescue" services that are often ...
 
Document Type: Research and Journal Articles  
Date: 2008-June-23  
Summary: Believing that it is important to have a better understanding of the actual risks of HIV transmission through oral sex, the authors reviewed and summarized all available ...
 
 
Statutes, Regulations, and Agency Guidelines
Document Type: Statutes, Regulations, and Agency Guidelines  
Date: 2008-October  
Summary: These 2008 recommendations consolidate and replace the 1998 HIV Partner Counseling and Referral Services Guidance and the 2001 Program Operations Guidelines for STD ...
 
 
White Papers and Reports
Document Type: White Papers and Reports  
Date: 2007-September-04  
Summary: This commentary, published by the Canadian HIV/AIDS Legal Network and endorsed by more than 40 organizations around the world, including the Center for HIV Law and Policy, ...
 
Document Type: White Papers and Reports  
Date: 2007-December  
Summary: This report describes the failure of the United States Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) to provide basic health care ...
 
Document Type: White Papers and Reports  
Date: 2002-June  
Summary: This paper, drafted in 2002 for UNAIDS by Richard Elliott of the Canadian HIV/AIDS Legal Network, is a well organized and useful document that describes the various policy ...
 
Document Type: White Papers and Reports  
Date: 2008-August  
Summary: In response to a recent increase in HIV criminalization cases both in the United States and abroad, UNAIDS issued this policy brief to arm advocates with information and ...
 
Document Type: White Papers and Reports  
Date: 2010-July  
Summary: This document is a chapter excerpted from a larger policy report on the criminalization of HIV non-disclosure in Ontario, Canada. Although it is part of a Canadian report ...
 
Document Type: White Papers and Reports  
Date: 2009-July  
Summary: This report represents conclusions reached at a 2009 conference sponsored by the International Center for Research on Women, aids2031, the United Nations Development ...
 
Document Type: White Papers and Reports  
Date: 2006  
Summary: This report, prepared by Richard Elliott of the Canadian HIV/AIDS Legal Network, describes the work of the 2006 WHO technical consultation on the criminalization of HIV ...