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Rethinking Constitutionally Impermissible Punishment, Nadia Banteka, Erika Nyborg-Burch

Notre Dame Law Review Reflection

In this Essay, we discuss how the COVID-19 pandemic has affected our understanding of constitutionally permissible punishment. We argue, first, that the protracted failure to act by those who have had authority to do so during this public health emergency created a high risk that incarcerated people would suffer severe illness—and even death—in violation of due process protections and the Eighth Amendment prohibition against cruel and unusual punishment. Second, we suggest that a changed understanding of public safety in the context of detention and release during public health emergencies has the potential to shift the framework even after the emergency …

Make Pennsylvania Free Again, Margaret Riley

The Compass

The author created this paper for a class assignment testing students’ knowledge of constitutional law. The assignment was to write a legal brief addressing the constitutionality of a statewide mask mandate during the COVID-19 pandemic. COVID-19 is an airborne disease that can be transmitted from person to person up to six feet apart. The hypothetical facts provided for this brief were that a suit was filed in Pennsylvania state court by a group of individuals in opposition to the state’s mask mandate that was enacted to address the COVID-19 pandemic. The goal of this brief is to demonstrate knowledge of …

Categorically Caged: The Case For Extending Early Release Eligibility To Inmates With Violent Offense Convictions, Jenna M. Codignotto

St. John's Law Review

(Excerpt)

Susan Farrell faced both physical and sexual abuse from her husband before he was killed in 1989. Although Ms. Farrell maintained her innocence and urged that it was her son who killed her husband, she was convicted of first-degree murder and conspiracy charges, resulting in a life sentence without parole. After serving thirty years of her sentence at the Michigan Department of Corrections, Ms. Farrell’s tragic life met a no less tragic end. In April 2020, one month after COVID-19 was declared a pandemic, Ms. Farrell seized in her cell for forty-five minutes before dying from the virus. She …

Hiding In Plain Language: A Solution To The Pandemic Riddle Of A Suspended Grand Jury, An Expiring Statute Of Limitations, And The Fifth Amendment, Nicole D. Mariani

University of Miami Law Review

Under the statute of limitations applicable to most federal crimes, 18 U.S.C. § 3282(a), “no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” That long-standing, generally uncontroversial procedural statute was thrust into the spotlight in 2020, when courts, prosecutors, and criminal defendants confronted an unprecedented and extraordinary scenario.
In response to the COVID-19 pandemic, many federal district courts suspended grand juries to prevent the spread of the highly contagious life-threatening virus through group congregation. Indeed, …

Where The Sidewalk Ends: A Call To Action For Investigating The Impact Of The Covid-19 Pandemic On Fans And Consumers, Cody T. Havard

Findings in Sport, Hospitality, Entertainment, and Event Management

The current topical essay addresses the need for future researchers to investigate the impact of the COVID-19 Pandemic on consumers, fans, and supporters, and how organizations adapted to the health crisis. Specifically, background and ideas for research regarding the impact of COVID-19 are presented for the areas of sport, entertainment, hospitality, and event management.

Parens Patriae, Punishment, And Pandemics: The State’S Responsibility For Incarcerated Persons During A Public Health Emergency, Meredith Harrell

Journal of Law and Health

This article looks at the nation’s response to the COVID-19 pandemic since March 2020 and explores the commonalities and differences of states’ actions to protect their citizens, especially the most vulnerable populations. The article discusses the government’s obligations to jailees and prisoners during the COVID-19 pandemic and how incarcerated persons have been consistently failed by the institutions that are required to protect them. The article examines possible remedies for these governmental and institutional failings under the Eighth Amendment and § 1983 civil rights claims. Ultimately the article proposes that monetary damages would provide relief to incarcerated individuals and their families …

The Case For A Liberal Communitarian Jurisprudence, Amitai Etzioni

Journal of the National Association of Administrative Law Judiciary

This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.

When The Magic Closes: Examining How Disney Fans Coped With Theme Park And Resort Closures Amid The Covid-19 Pandemic, Cody Havard, Carissa A. Baker, Daniel L. Wann, Rick Grieve

Journal of Themed Experience and Attractions Studies

This essay discusses a qualitative investigation we conducted with fans of the Disney parks and resorts during the summer of 2020 regarding the company’s handling of the COVID-19 pandemic. Specifically, 22 people responded to open-ended questions from an online survey to discuss their views of the closures and planned reopenings of the Disney parks and resorts amid the early days of the pandemic. Using social identity theory (Tajfel, 1978) and the theory of planned behavior (Ajzen, 1991), we discuss how fans react to and cope with the temporary loss of a favorite activity and how companies in the themed entertainment …

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

Nowhere To Run. Impact Of Family Violence Incidents During Covid-19 Lockdown In Texas, Edidiong Mendie, Abiodun Raufu, Emmanuel Ben Edet, Oludayo Famakin-Johnson

Journal of Family Strengths

The prevalence of family violence incidents experienced an exponential rise during the coronavirus (COVID-19) pandemic. The pandemic ushered in a new threat to life which was complicated by the restriction on mobility. Given the stay-at-home order enacted by different States, victims of family violence were compelled to face their abusers with no escape route, particularly intimate partners. This work is an exploratory study that analyzed the trends of family violence cases in selected Texas counties pre covid-19 and during covid-19. The data revealed an increase in family violence incidents from 12 out of the 15 counties studied. This work offers …

Your Liberty Is Not A Right To Jeopardize My Health: How A State Covid-19 Vaccine Mandate Promotes Health Justice, Rebecca L. Doloski

Marquette Benefits and Social Welfare Law Review

The COVID-19 pandemic has once again brought the vaccine debate into the national spotlight. Except this time, whether to be vaccinated or not has become widely politicized and the rapid spread of misinformation has led to a deadly game of those who refuse to be vaccinated not only allowing themselves to be susceptible to a deadly virus, but also putting others at risk. In addition to the misinformation and politicization of this issue, the question of constitutionality of such measures is back in the spotlight as potential state vaccine mandates appear to be on the horizon. This paper seeks to …

Can Covid-19 Teach Us How To End Mass Incarceration?, Amy Fettig

University of Miami Law Review

In this essay, the author argues that federal, state and local government response to the COVID-19 epidemic in prisons and jails was largely incompetent, inhumane, and contrary to sound public health policy, resulting in preventable death and suffering for both incarcerated people and corrections staff. However, the lessons learned from these failures provide a roadmap for policy priorities and legal reform in our ongoing need to decarcerate and end the era of mass incarceration, including: (1) rolling back extreme sentences, recalibrating sentences generally and providing for “second look” mechanisms to those currently serving sentences beyond 10 years; (2) ensuring that …

Training, Trust, And Technology: A Mixed-Methods Study Of Latin American Extension Workers’ Experiences During Covid-19, Pablo Lamiño Jaramillo, Amy Boren-Alpizar, Sarahi Morales Vanegas, Carla Millares-Forno

Journal of International Agricultural and Extension Education

The COVID-19 pandemic has drastically affected people's lives around the world, including agricultural extension workers. To date, few studies have been conducted to understand the adaptation of extension services in Latin American countries during the pandemic. This mixed-methods study explored Latin-American extension professionals’ preparation to implement knowledge-sharing activities and sought to understand extension professionals' responsiveness to COVID-19. The results revealed significant differences in extension responsiveness, between field extension workers and in-office extension workers. Delving into this difference revealed that field extension professionals perceived lower responsiveness because they were not able to continue their pre-pandemic, face-to-face activities in the field with …

Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci

Seattle Journal of Technology, Environmental & Innovation Law

The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …

Art As Politics? How Fox News Manufactures Its Hosts’ Performances To Acquire Cable Prestige, Matthew Mcguirk

The Graduate Review

Fox News is the most popular cable news network in the United States, drawing millions of conservative viewers who trust it more than any other outlet. Although many of the network’s claims are subject to controversy or rooted in falsities, these viewers continue watching, offering a never-before-seen devotion to the network. Using Fox’s coverage of the COVID-19 pandemic, as well as insight from Karl Marx and Walter Benjamin, this paper demonstrates how Fox manufactures its hosts’ performances to advance its fetishizing of the commodity of cable prestige.

A Proportionality-Based Framework For Government Regulation Of Digital Tracing Apps In Times Of Emergency, Sharon Bassan

Dickinson Law Review (2017-Present)

Times of emergency present an inherent conflict between the public interest and the preservation of individual rights. Such times require granting emergency powers to the government on behalf of the public interest and relaxing safeguards against government actions that infringe rights. The lack of theoretical framework to assess governmental decisions in times of emergency leads to a polarized and politicized discourse about potential policies, and often, to public distrust and lack of compliance.

Such a discourse was evident regarding Digital Tracing Apps (“DTAs”), which are apps installed on cellular phones to alert users that they were exposed to people who …

When Exemptions Discriminate: Unlawfully Narrow Religious Exemptions To Vaccination Mandates By Private Colleges And Universities, Ronald J. Colombo

Western New England Law Review

Numerous colleges and universities have imposed COVID-19 vaccination mandates upon their students. Most of these mandates also include language purporting to recognize medical and religious exemptions. With regard to religious exemptions, some are unjustly discriminatory. Most notably, some give preference to students who are members of organized religions over students who are not. And even facially neutral exemptions can be administered in an unjustly discriminatory way by, for example, giving preference to one set of religious denominations over another, or by engaging in “religious profiling” (whereby students of a particular denomination are held completely beholden to the beliefs of that …

As Fires Blaze Through California, Could They Blaze A New Path For Incarcerated Individuals: A Model For Back-End Abolition, Jacquelyn Kelsey Arnold

Washington and Lee Journal of Civil Rights and Social Justice

This Note provides a critique on the current system of prison labor through the lens of the California wildfires and the lack of inmate labor due to early release in the wake of COVID-19. This Note provides an overview of the relevant history of the Thirteenth Amendment, contextualizes mass incarceration as a product of the “War on Drugs” in the United States, and consequently, discusses the significant and dramatic expansion of the prison industrial complex and the use of prison labor as a growing source of production labor. It concludes with a recommendation for a provisional back-end abolition model that …

Pursuing Citizenship During Covid-19, Ming Hsu Chen

University of Colorado Law Review

No abstract provided.