The Law and Herpes: A Positive Contradiction
Document Type
Oral Presentation
Campus where you would like to present
Ellensburg
Event Website
https://digitalcommons.cwu.edu/source
Start Date
16-5-2019
End Date
16-5-2019
Abstract
Herpes simplex virus type 2, known colloquially as genital herpes, has rapidly become the most commonly transmitted sexual disease in the United States. The law has frequently attempted to address this problem through a number of different legal theories including tort, negligence, and even strict liability. At present, the law is addressing this STD epidemic through existing legal mechanisms which may or may not be adequately responding to the unique challenges posed by the transmission of STDs in a casual encounter environment as United States culture, and American college campuses particularly, have evolved in to. The purpose of this project is to evaluate the extent to which these attempts by our legal system have been effective in terms of regulating and facilitating human behavior- a function that legal theorists have long posited the law as providing- as well as relative to both the victim and the infected individual who are separately implicated by situations of wrongfully transmitted sexual diseases and infections. This project aims to provide a historical context surrounding the legal treatment of STD cases in the United States and to be able to illustrate the complications, contradictions, and frustrations that arise from where the law fails to either fairly remedy situations of wrongfully transmitted sexual diseases to victims, or to fairly represent infected individuals.
Recommended Citation
Hogan, Mariah, "The Law and Herpes: A Positive Contradiction" (2019). Symposium Of University Research and Creative Expression (SOURCE). 97.
https://digitalcommons.cwu.edu/source/2019/Oralpres/97
Department/Program
Law and Justice
Slides for SOURCE 2019 presentation Hogan
Additional Files
Mariah Hogan The Law and Herpes.pptx (1061 kB)Slides for SOURCE 2019 presentation Hogan
The Law and Herpes: A Positive Contradiction
Ellensburg
Herpes simplex virus type 2, known colloquially as genital herpes, has rapidly become the most commonly transmitted sexual disease in the United States. The law has frequently attempted to address this problem through a number of different legal theories including tort, negligence, and even strict liability. At present, the law is addressing this STD epidemic through existing legal mechanisms which may or may not be adequately responding to the unique challenges posed by the transmission of STDs in a casual encounter environment as United States culture, and American college campuses particularly, have evolved in to. The purpose of this project is to evaluate the extent to which these attempts by our legal system have been effective in terms of regulating and facilitating human behavior- a function that legal theorists have long posited the law as providing- as well as relative to both the victim and the infected individual who are separately implicated by situations of wrongfully transmitted sexual diseases and infections. This project aims to provide a historical context surrounding the legal treatment of STD cases in the United States and to be able to illustrate the complications, contradictions, and frustrations that arise from where the law fails to either fairly remedy situations of wrongfully transmitted sexual diseases to victims, or to fairly represent infected individuals.
https://digitalcommons.cwu.edu/source/2019/Oralpres/97
Faculty Mentor(s)
Robert Claridge