Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- COVID-19 (2)
- ACA (1)
- Affordable Care Act (1)
- American workforce (1)
- At-will employment (1)
-
- CARES Act (1)
- Classification doctrine (1)
- Domestic military operations (1)
- Emergency law (1)
- Essential labor (1)
- Federalism (1)
- Fiscal fragmentation (1)
- Health and welfare law (1)
- Health justice (1)
- Martial law (1)
- Means-tested (1)
- Morality-tested (1)
- Opioids (1)
- Poverty-prevention (1)
- Regulatory failure (1)
- Safety net (1)
- Subsistence programs (1)
- Substance Use Disorder (1)
- Vulnerability theory (1)
- Worker-centric analysis (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Essentializing Labor Before, During, And After The Coronavirus Pandemic, Deepa Das Acevedo
Faculty Articles
In the era of COVID-19, the term essential labor has become part of our daily lexicon. Between March and May 2020, essential labor was not just the only kind of paid labor occurring across most of the United States; it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers’ advocates, and politicians have scrambled to articulate exactly what makes essential labor “essential.” Some commentators have also argued that the rise of essential labor as a conceptual category disrupts—or should disrupt—longstanding patterns in the way the nation …
Against The "Safety Net", Matthew B. Lawrence
Against The "Safety Net", Matthew B. Lawrence
Faculty Articles
Then-Representative Jack Kemp and President Ronald Reagan originated the “safety net” conception of U.S. health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Article deconstructs the safety net metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the safety net …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Faculty Articles
One thing we have seen today that we talk about in health law all the time is how the policy, the laws and institutions up at the 10,000 foot level, can so dramatically influence the personal, people’s lived experiences. Our speakers today have done a really great job of drawing out abstract institutional questions and also showing us how those questions have influenced the lives of real people in often tragic ways. Another thing we have seen that we talk about in administrative law all the time is the importance of expertise, especially given how hard it is to trace …
Domestic Military Operations And The Coronavirus Pandemic, Mark P. Nevitt
Domestic Military Operations And The Coronavirus Pandemic, Mark P. Nevitt
Faculty Articles
In response to the novel coronavirus crisis, we are witnessing one of the largest domestic military operations in American history. This article proceeds in three parts. Part I considers the emergency authorities invoked to address the coronavirus, including the Public Health Service Act (PHSA), National Emergencies Act (NEA), and Stafford Act. Part II deals with the laws, regulations, and policies governing the military’s role as a law enforcer— including restrictions on the military’s role to quell civilian disturbances. I also briefly discuss martial law, a rarely invoked but powerful authority held at the federal, state, and local levels. Part III …