Las Vegas Blawg

Legal News & Commentary

Putting Men to the Test

Is it funny that women are the focus of most testing for communicable diseases?  When it comes to some communicable diseases, the medical community has not even developed an effective test for men.  Unfortunately, testing women, and not men, for many diseases tends to perpetuate ignorance about these diseases.  It is not infrequent to hear someone refer to a woman as “dirty” or immoral because she tested positive for a communicable disease.  

However, in a world where men carry diseases but are unlikely to be tested for them, and women are not only regularly tested but in some cases required to be tested for the diseases, who is the “dirty” one?  In a world where the fastest growing demographic worldwide for new HIV infections is heterosexual women of color—frequently women who believe that they are carrying on a monogamous relationship, who is immoral?

And why is it that there is such an emphasis on testing women, but no similar push to test men? 

If I were an optimistic person, I would argue that women are tested because women suffer the symptoms of communicable diseases more severely than men.  In fact, some communicable diseases cause no known symptoms or adverse effects in men at all.  By testing women, you get right to the person who most needs treatment.

Being a cynical person, however, I tend to think that the medical community and the government has failed us when it comes to researching and treating the role of men as vectors for disease.  In American society, women continue to bear the brunt of the burden when it come to healthcare.  Women are responsible for contraception, for protecting the family from communicable diseases, for organizing and paying for healthcare for the family.   When healthcare isn’t affordable, it’s women and children that go without.  Once again, women are bearing the responsibility for stemming the spread of communicable diseases.

Does this really make sense though?  One man can infect many, many people with a communicable disease.  In fact,  women are eight times more likely than men to contract HIV during unprotected heterosexual sex.  Some studies have even suggested that men only have 1% chance in any unprotected sexual encounter of contracting HIV from an infected woman.  If you tested and treated one man, educating him about spreading communicable disease, wouldn’t you statistically-speaking be saving many women and men from contracting the disease?

Perhaps an analogy is in order.  When fishermen fish for crabs, they usually throw most or all of the females back into the water.  The wisdom is that one male crab can impregnate many female crabs, but one female crab can only reproduce so many times in a season.

The government doesn’t much care for my logic though.  The lastest trend in HIV legislation is mandatory HIV testing of pregnant women.  In Nevada, recent legislation requires medical facilities to offer HIV testing to all pregnant women.  If the pregnant woman refuses, then the medical facility is required to test the child within a certain amount of time after birth.  In effect, the law mandates testing of pregnant women–because it is near impossible for a child to be born HIV positive if its mother is HIV negative.

Mandatory HIV testing has been hailed as a positive means of preventing cases of pediatric AIDS.  Yet, it is also a fairly offensive invasion of a woman’s privacy.  The State has determined that its interest in preventing pediatric AIDS outweighs the interest of women in keeping their health issues private.  In states where anonymous testing for communicable diseases is not available, such as Nevada, it is a particularly egregious invasion of privacy, which only  targets women.

Nevada is not alone in adopting mandatory HIV testing of pregnant women.  Many other states have passed similar legislation, and Nevada was actually late in the game.

I raise mandatory testing to demonstrate a point:

Women are the focus of efforts to test and treat communicable diseases and therefore deal with the consequences of testing and treatment to a greater degree than men.  Yet, it seems that testing and treating more men would actually do more to prevent the transmission of communicable diseases, since men statistically have more opportunity to spread the disease to both other men and to women.

So before the powers that be spend one more dime testing and treating women, I demand:  Why not men?

Posted 1 year, 5 months ago at 11:17 pm.

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DST Makes You Late to Work Again

Before you overeact, DST isn’t some new club drug that your kids are misspending their youth (and allowance) on.  It’s that rat-bastard Daylight Savings Time.

In case you forgot, which by my guesstimate about 40% of America will have as well, the Daylight Savings Politburo ordered all clocks turned forward by one hour at about 2:00 am on March 8.  That means, if you didn’t turn on a computer or TV all day Sunday, you might be an hour behind the rest of the US come Monday morning.  (The Politburo says buggers to Sabbath-observers.)

Unfortunately, it will all catch up with you on Monday morning.  That other time reality you’re living in will come crashing down when you wonder why morning traffic is so light or why everyone else is already at their work stations.  And snickering.

If you’re reading this, it may already be too late.  If you’re reading this on Sunday, turn your clock forward an hour and get your hiney to bed.  You’re already losing an hour of sleep.  Don’t make it any harder on yourself.

You can thank me in the morning.

Posted 1 year, 6 months ago at 10:03 pm.

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Parents: What’s ok in your home isn’t always ok in public

Oft-quoted Professor Jonathan Turley of George Washington University Law School was once heard as saying that parents should be held strictly liable for the actions of their offspring.  While I do not necessarily endorse that approach to parental liability, I certainly wonder why parents allow their children—or put their children in a position—to do the risky and/or annoying things that children often do.

American society is extremely protective of its youngest members.  Children are protected from their stupidity (and that of their parents) to a far greater extent than adults. 

Under the doctrine of attractive nuisance, a property owner can be held liable for injuries to a child, even if the risk of injury was obvious.  With respect to most laws on statutory rape and the provision of alcohol or tobacco to a minor, adults are expected to establish the actual age of a minor, even if the adult reasonably believes that the minor is an adult, and even if the minor lies or provides false identification regarding his or her age.  In short, the law places the burden on all adults—not just a child’s legal guardian—to protect that child from harm.

But where are the parents when bad things are happening to their children?

Given the current state of the law, It is no wonder that parents place more and more responsibility on society as a whole to raise their children.  Yet, I must protest on grounds of basic human decency…

PARENTS: PLEASE SAVE THE REST OF US FROM EXPERIENCING WHAT GOES ON IN YOUR HOME.

In particular, I’m thinking of bathroom behavior.  I don’t care if you allow your kids to watch you relieve yourself in your own home, but have some compassion for everyone else using the public restroom.  The rest of us do not want little eyes peering through the cracks and underneath stall doors.  Even in a public restroom, a person is entitled to a little privacy. 

Let me illustrate with a story.  I noticed the startled look on a man’s face as he exited a public restroom one day.  I asked if everything was ok—apparently he was grossed out.  As it turned out, he was using a urinal, and a man came up to use the urinal alongside him.  Not so strange, right? Right– except the man had a small child sitting on his shoulders the whole time.

Come on, that really crosses a line.

Here’s a suggestion:  If you, parent, are using the restroom, have your child stand in front of your stall door.  If the kid moves, yell at ’em.  If your child is using the restroom, you stand in front of his or her stall door.  If the kid gets outta line, yell at ‘em.  That would make all the rest of us so happy that you became a parent :)

So very, very happy.

Posted 1 year, 6 months ago at 7:31 pm.

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