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Papers by Scott Burris

Journal of Homosexuality, 2003

Public health measures regulating or closing bathhouses and other businesses facilitating consens... more Public health measures regulating or closing bathhouses and other businesses facilitating consensual sexual activity among strangers have generally been upheld by courts. Using standard legal research methods, this study sought (1) suits brought by government authorities to close a sex-facilitating business (SFB) based at least in part on health concerns, and (2) suits filed by SFBs to invalidate state laws or local ordinances banning closed booths or other architectural features that facilitate sexual activity. The research yielded eight published and unpublished trial or appellate opinions between 1984 and 1995 in which local health or other officials filed a law suit to close or otherwise interfere with sex at a bathhouse or other SFB. In seven of the eight cases, the state prevailed entirely or in large part in securing the relief it sued for. Factors influencing these results include the traditional deference of courts to public health officials, stigma, and limited legal recognition of a right to public sexual activity. Major questions include the extent to which coercive health measures increase stigma or social hostility towards gay men, whether closure actions &amp;amp;amp;quot;educate&amp;amp;amp;quot; at risk-individuals about the danger of anonymous unprotected sex, and what effect legal action has on the frequency of unsafe behavior.

The Journal of Law, Medicine & …, 2002

Sevgi Aral, Ph. D., is Associate Director for Science in the Division of STD Prevention, where sh... more Sevgi Aral, Ph. D., is Associate Director for Science in the Division of STD Prevention, where she is responsible for the oversight and direction of all scientific activities. Dr. Aral has also served within other public health institutions, including the National Institutes of Health, the ...

Hiv Aids Policy Law Review Canadian Hiv Aids Legal Network, 2009

Criminalization of HIV transmission is an ineffective tool for combating AIDS and a costly distra... more Criminalization of HIV transmission is an ineffective tool for combating AIDS and a costly distraction from programmes that we know work--programmes such as effective prevention, protection against discrimination, reducing stigma, empowering women and providing access to testing and treatment. In this article, which is based on a plenary presentation by Edwin Cameron, the authors advance ten reasons why criminalization is poor public health policy.

SSRN Electronic Journal, 2000

Reproductive health matters, 2009

Columbia Law Review, Jan 1, 1999

Law plays crucial roles in the field of public health, from defining the power and jurisdiction o... more Law plays crucial roles in the field of public health, from defining the power and jurisdiction of health agencies, to influencing the social norms that shape individual behavior. Despite its importance, public health law has been neglected. Over a decade ago, the Institute of Medicine issued a report lamenting the state of public health administration, generally, and calling, in particular, for a revision of public health statutes. The Article examines the current state of public health law. To help create the conditions in which people can be healthy, public health law must reflect an understanding of how public health agencies work to promote health, as well as the political and social contexts in which these agencies operate. The authors first discuss three prevailing ways in which the determinants of health are conceptualized, and the political and social problems each model tends to create for public health efforts. The analysis then turns to the core functions of public health, emphasizing how law furthers public health work. The Article reports the results of a fifty-state survey of communicable disease control law, revealing that few states have systematically reformed their laws to reflect contemporary medical and legal developments. The Article concludes with specific guidelines for law reform.

Aids, Jan 1, 1999

... Policymakers, researchers, and citizens alike have an obligation to help combat the HIV/AIDS ... more ... Policymakers, researchers, and citizens alike have an obligation to help combat the HIV/AIDS epidemic. ... optimism about the new HIV therapies is associated with sexual risk-taking in MSM [ 58-60 ]. ... The use of peer leaders in gay bars has promoted shifts in sexual attitudes and ...

JAMA: The Journal of …, Jan 1, 2002

JAMA: the journal of the …, Jan 1, 2007

Since the early 1980s, the black-white gap in life expectancy at birth increased sharply and subs... more Since the early 1980s, the black-white gap in life expectancy at birth increased sharply and subsequently declined, but the causes of these changes have not been investigated. To determine the contribution of specific age groups and causes of death contributing to the changes in the black-white life expectancy gap from 1983-2003. US vital statistics data from the US National Vital Statistics System, maintained by the National Center for Health Statistics. Standard life table techniques were used to decompose the change in the black-white life expectancy gap by combining absolute changes in age-specific mortality with relative changes in the distribution of causes of death. The gap in life expectancy at birth between blacks and whites. Among females, the black-white life expectancy gap increased 0.5 years in the period 1983-1993, primarily due to increased mortality from human immunodeficiency virus (HIV) (0.4 years) and slower declines in heart disease (0.1 years), which were somewhat offset by relative improvements in stroke (-0.1 years). The gap among males increased by 2 years in the period 1983-1993, principally because of adverse changes in HIV (1.1 years), homicide (0.5 years), and heart disease (0.3 years). Between 1993 and 2003, the female gap decreased by 1 year (from 5.59 to 4.54 years). Half of the total narrowing of the gap among females was due to relative mortality improvement among blacks in heart disease (-0.2 years), homicide (-0.2 years), and unintentional injuries (-0.1 years). The decline in the life expectancy gap was larger among males, declining by 25% (from 8.44 to 6.33 years). Nearly all of the 2.1-year decline among males was due to relative mortality improvement among blacks at ages 15 to 49 years (-2.0 years). Three causes of death accounted for 71% of the narrowing of the gap among males (homicide [-0.6 years], HIV [-0.6 years], and unintentional injuries [-0.3 years]), and lack of improvement in heart disease at older ages kept the gap from narrowing further. After widening during the late 1980s, the black-white life expectancy gap has declined because of relative mortality improvements in homicide, HIV, unintentional injuries, and, among females, heart disease. Further narrowing of the gap will require concerted efforts in public health and health care to address the major causes of the remaining gap from cardiovascular diseases, homicide, HIV, and infant mortality.

Austl. J. Leg. Phil., Jan 1, 2005

... Professor, Research School of the Social Sciences, Australian National University. ... But th... more ... Professor, Research School of the Social Sciences, Australian National University. ... But the capacity of the 13 Ibid; Friedrich Hayek, Law, Legislation and Liberty (1973); Alan Thomson, &amp;amp;amp;amp;#x27;Taking the Right Seriously: The Case of FA Hayek&amp;amp;amp;amp;#x27; in Peter Fitzpatrick (ed), Dangerous ...

U. Kan. L. Rev., Jan 1, 2001

The Journal of Law, Medicine & …, Jan 1, 2002

AIDS & public policy …, Jan 1, 1998

1. AIDS Public Policy J. 1998 Spring;13(1):36-47. Workshop report: AIDS and stigma: a conceptual ... more 1. AIDS Public Policy J. 1998 Spring;13(1):36-47. Workshop report: AIDS and stigma: a conceptual framework and research agenda. Herek GM, Mitnick L, Burris S, Chesney M, Devine P, Fullilove MT, Fullilove R, Gunther HC ...

Temp. L. Rev., Jan 1, 2004

GOVERNANCE, MICROGOVERNANCE AND HEALTH Scott Burns Who can say what the optimal level of health i... more GOVERNANCE, MICROGOVERNANCE AND HEALTH Scott Burns Who can say what the optimal level of health is for the world's population? The best health achieved by the healthiest person on the globe may not be the best the human species can do. Even if we take health to be ...

Alb. L. Rev., Jan 1, 1997

LAW AND THE SOCIAL RISK OF HEALTH CARE: LESSONS FROM HIV TESTING Scott Burris* Introduction To ha... more LAW AND THE SOCIAL RISK OF HEALTH CARE: LESSONS FROM HIV TESTING Scott Burris* Introduction To have the virus that causes AIDS, or the gene that predicts Huntingdon&amp;#x27;s, or a variety of other diseases that are particularly frightening, expensive, or ...

… Journal of Public …, Jan 1, 2005

J. Marshall L. Rev., Jan 1, 1993

PUBLIC HEALTH, &amp;quot;AIDS EXCEPTIONALISM&amp;quot; AND THE LAW Scott Burris* ... more PUBLIC HEALTH, &amp;quot;AIDS EXCEPTIONALISM&amp;quot; AND THE LAW Scott Burris* In 1991, Ronald Bayer wrote an article for the New England Journal of Medicine in which he identified something called &amp;quot;AIDS exceptionalism,&amp;quot; and predicted its demise in the second decade of the HIV ...

Vill. L. Rev., Jan 1, 1989

1989] RATIONALITY REVIEW AND THE POLITICS OF PUBLIC HEALTH Scott BuRRisf Table of Contents I. Int... more 1989] RATIONALITY REVIEW AND THE POLITICS OF PUBLIC HEALTH Scott BuRRisf Table of Contents I. Introduction 933 II. Two Views and Footnote Fifteen 937 III. The Health Decision: As Is, and As Seen 942 IV. Cases 949 A. All Science by Law 950 B. All Science ...

Journal of Homosexuality, 2003

The Journal of Law, Medicine & …, 2002

Hiv Aids Policy Law Review Canadian Hiv Aids Legal Network, 2009

SSRN Electronic Journal, 2000

Reproductive health matters, 2009

Columbia Law Review, Jan 1, 1999

Aids, Jan 1, 1999

JAMA: The Journal of …, Jan 1, 2002

JAMA: the journal of the …, Jan 1, 2007

Austl. J. Leg. Phil., Jan 1, 2005

U. Kan. L. Rev., Jan 1, 2001

The Journal of Law, Medicine & …, Jan 1, 2002

AIDS & public policy …, Jan 1, 1998

Temp. L. Rev., Jan 1, 2004

Alb. L. Rev., Jan 1, 1997

… Journal of Public …, Jan 1, 2005

J. Marshall L. Rev., Jan 1, 1993

Vill. L. Rev., Jan 1, 1989

There is widespread agreement that governance is important and in flux. But exactly what is gover... more There is widespread agreement that governance is important and in flux. But exactly what is governance? How is it changing, what is happening to the state, and how are actors at various levels of social organization promoting or adapting to changes in governance? The aim of this paper is to explore what researchers and theorists in a wide range of fields have made of the ferment in governance, and to identify important lessons for people interested in how to improve it locally, nationally and internationally.

Part II, canvasses definitions of governance. Part III looks at how scholars in a variety of fields have described the changes in contemporary governance. The main theme in the literature is the fragmentation of state sovereignty and the consequent multiplication in the number of agencies and forms of power that are active in the management of social systems. Throughout the literature there is discussion of the governing power of transnational corporations. NGOs and foundations, though not generally as wealthy or effective as corporations, are also vital governors at all levels. Dark networks like Al Qaida and criminal cartels are also seen as agencies of governance. Part IV examines efforts to remake governance over the past twenty years, identifying two genres of reform: reinvention of government and reinvention of governance. Reinventing government involves efforts to recalibrate state structures to improve their capacity to exercise centralized control of diffuse systems, often somewhat paradoxically by ceding much of the implementation of policy to non-state actors through devices like self-regulation and governance partnerships. Reinventing governance uses some of the same methods of power, but differs from reinventing government in that it takes innovation beyond the state-centered or hybrid forms into efforts to mobilize governors who may act with little or no connection with the state. The paper concludes with some critical observations about contemporary scholarship on governance innovation.

The article argues that we live in a world in which nodal forms of governance are commonplace. No... more The article argues that we live in a world in which nodal forms of governance are commonplace. Nodal governance is an elaboration of contemporary network theory explaining how a variety of actors operating within social systems interact along networks to govern the systems they inhabit. We draw upon Hayek to argue that any collectivity can be seen as an outcome-generating system whose workings are generally too complex to be fully understood. Governance in such systems is constituted in nodes that mobilize the knowledge and capacity of members to manage the course of events. Nodes have four essential characteristics: mentalities, technologies, resources, and institutions. Nodes govern in a wide variety of ways, including by mobilizing resources, deploying technologies, using rules or laws, and directly governing people within the system. Two case studies illustrate how nodal governance operates and explores its regulatory possibilities. The development of the TRIPS agreement on intellectual property is one story of nodal governance that blurs the line between public and private spheres and has global consequences. It also demonstrates why nodal governance is neither necessarily democratic nor a method that secures more goods than bads for the population as a whole. The Zwelethemba Model of Local Capacity Governance, a security project in poor South African townships, demonstrates that the creation of governing nodes can be a means of promoting democracy and self-efficacy within collectives. It shows that new nodes can change relationships among existing nodes and even change the operation of formal government structures. In sum, nodal governance has potentialities for the weak and the strong, but the possibilities that can be realized depends on how nodal governance is constituted.