Hastings International and Comparative Law Review


Acquired immune deficiency syndrome (AIDS) has become a world health crisis. As the AIDS menace continues to grow and popular fears of AIDS mount, national governments worldwide are struggling to create legislative programs to stop the spread of the disease. This Note focuses upon the suggested solution of quarantining AIDS patients and carriers. The author first examines the checkered history of quarantine as a public health solution. Then the author compares and contrasts existing English and American laws which might be applied to quarantine AIDS patients and carriers. The emphasis is on the relative efficiency of such measures and the potential validity of their application in the AIDS context, particularly in light of United States constitutional restraints. Finally, the author suggests some guidelines for the evaluation of legislative proposals, considering both effectiveness and personal liberty concerns.