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Rationing In The Time Of Covid And The Perils Of Anti-Subordination Rhetoric, Mark Kelman
Rationing In The Time Of Covid And The Perils Of Anti-Subordination Rhetoric, Mark Kelman
Washington and Lee Law Review Online
With surges in COVID-19 cases threatening to overload some hospital facilities, we must face the possibility that therapeutic treatments will need to be rationed, at least in some places. I do not propose any particular ideal rationing scheme but caution strongly against adopting a position that Professor Bagenstos advocated this past spring, rejecting rationing on the basis of patient life expectancy simply because life expectancy based rationing might threaten the factual interests of those with disabilities and might conceivably be implemented by those making judgments that were not simply inaccurate but grounded in biased, unacceptably discriminatory intuitions that some decision …
Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra
Covid-19 And The Conundrum Of Mask Requirements, Robert Gatter, Seema Mohapatra
Washington and Lee Law Review Online
As states begin to loosen their COVID-19 restrictions, public debate is underway about what public health measures are appropriate. Many states have some form of mask-wearing orders to prevent the spread of COVID-19 infection. Public health guidance from the Centers for Disease Control and Prevention and the World Health Organization has conflicted. From a public health point of view, it is not clear what the right answer is. In the absence of directives, individuals are also making their own choices about mask use. At a time when public health measures, like shelter-in-place orders and social distancing, are being used to …