Climate Change Project

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Police Power / AIDS-HIV / Sexually Transmitted Diseases

Study Guide - City of New York v New St. Mark's Baths, 130 Misc. 2d 911, 497 N.Y.S.2d 979 (1986)

What agency is taking the action?
What does the agency propose to do?
Why do you think they did this as an emergency rule?
How long had they know about AIDS?
What is the agency's factual and scientific support for the action?
What traditional source of legal authority was used to justify the regulation?
Should they have to compensate the businesses?
Why did the court say that the right of privacy as related to sexual acts does not apply in this case?
What about the constitutional right of association?
Does it supercede the police power?
What is the defendant's challenge to the scientific and factual basis of the agency's action?
What did the court say was the "fundamental principle of applicable law?"
What about the defendant's due process claim?

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