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Washington Cannabusiness: Washington’S Durational Residency Requirement Should Be Eliminated On Economic, Social, And Constitutional Grounds, Alejandro Monarrez

Seattle University Law Review Online

No abstract provided.

Never Letting A Good Crisis Go To Waste: Canadian Interdiction Of Asylum Seekers, Sean Rehaag, Janet Song, Alexander Toope

Articles & Book Chapters

This article examines two moments of crisis at Canada’s border with the United States: the aftermath of September 11th, 2001 (“9/11”) and the COVID-19 pandemic. The Canadian government leveraged both crises to offshore responsibilities for asylum seekers onto the United States. In the first case, Canada took advantage of U.S. preoccupations with border security shortly after 9/11 to persuade the United States to sign the Canada-U.S. Safe Third Country Agreement (“STCA”)—an agreement that allows Canada to direct back asylum seekers who present themselves at land ports of entry on the Canada-U.S. border. In the second case, Canada used heightened anxieties …

Is It Lawful And Ethical To Prioritize Racial Minorities For Covid-19 Vaccines?, Harald Schmidt, Lawrence O. Gostin, Michelle A. Williams

Georgetown Law Faculty Publications and Other Works

Coronavirus disease 2019 (COVID-19) has disproportionately affected racial minorities in the United States resulting in higher rates of infection, hospitalization, and death. With a limited supply after the initial approval of a safe and effective vaccine, difficult legal and ethical choices will have to be made on priority access for individuals. The National Academies of Sciences, Engineering, and Medicine (NASEM) has recommended prioritization of racial minorities who are “worse off” socioeconomically and epidemiologically. TheWorld Health Organization (WHO) similarly cautioned that “colorblind” allocation frameworks could perpetuate or exacerbate existing injustices. Both NASEM and WHO urge policy makers to allocate vaccines in …

Institutionalizing The Centers For Disease Control And Prevention's Independence, Dorit Rubinstein Reiss

ConLawNOW

The United States’ response to the COVID-19 pandemic was sub-optimal. One problem in it was the politicization of the public health response. One aspect of that politicization was aggressive political intervention in the Centers for Disease Control and Prevention (CDC) efforts to provide guidance and help pandemic response. The concern was strong enough that four previous CDC Directors, in an unusual step, published an op-ed calling out political intervention in the CDC. This article proposes two changes to strengthen the CDC’s institutional independence: codifying the CDC’s role in preventing diseases and reducing harms in a statute, and restructuring the agency …

Proposition 23: Protect The Lives Of Dialysis Patients Act (2020), Steven Weiss, Alex Cabaluna, Quentin Barbosa

California Initiative Review (CIR)

No abstract provided.

Santa Clara Magazine, Volume 61 Number 3, Fall 2020 [Print Issue V.61:2], Santa Clara University

Santa Clara Magazine

16 - THE GIFT Is sacrifice, given willingly and with love, what makes us human? Leslie Griffy.

20 - NOT A MOMENT, BUT A MOVEMENT From protests in Benson in 1969 to a multi-decade movement called Unity, students of color have consistently pushed SCU to progress. Matt Morgan.

28 - ON BEING BETTER Discover the ways we can better support each other, particularly as white people seek to become allies to people of color. Lauren Loftus.

32 - THE SACRIFICIAL TWEET Social media missteps are costly, perhaps now more than ever. Just what are we willing to give up to …

Katz And Covid-19 How A Pandemic Changed The Reasonable Expectation Of Privacy, Wayne Unger

UC Law Science and Technology Journal

COVID-19 spread to 189 countries and infected tens of millions of people in the matter of months. Organizations, including governments and employers, turned to health surveillance technologies to slow the spread and combat the disease. Protected health information and personal information are required for the proper and effective functioning of the health surveillance technologies. The collection, use, and dissemination of protected health and personal information raised data privacy and security concerns. But under the current data privacy and security regime—based on the reasonable expectation of privacy standard—protected health and personal information is not protected to the extent that it needs …

Health Priorities For Sustainable Development, Lisa E. Sachs, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

The right to health has been repeatedly recognized as one of the core human rights, essential for human functioning, human dignity, economic well-being and development. But the right to health continues to elude hundreds of millions and with Covid-19, perhaps billions of people. Poverty remains the most critical obstacle to the realization of the right to health in developing countries. Achieving universal health coverage, before the additional costs of Covid-19, would require roughly $50 billion per year, approximately 0.1 percent of the GDP of the high-income OECD countries. Yet despite this broad understanding of the vicious cycle of poverty and …

Japanese Government Actions Against Covid-19 Under The Directives Of Constitutional And Administrative Law, Yuichiro Tsuji

Cardozo International & Comparative Law Review

This paper presents law on the State ofEmergency held jointly on June 16, 2020, by the Asian Law Center of Melbourne University and School of Law, and Vietnam National University, Hanoi.

This paper further elucidates the actions of the Japanese government against COVID-19 during the first five months of 2020. On May 25, 2020, the government fied the emergency declaration passed under the amended Art. 49(2) of the amended Influenza Special Measures Act (ISMA).

This paper argues that the effects of the Japanese government action is not unique, but is instead similar to those of other countries. In 2012, the …

Remarks, Jon Soderstrom

Fordham Law Review

No abstract provided.

Fostering States As Laboratories, Myrisha S. Lewis

Popular Media

No abstract provided.

The Value Proposition Of The Global Health Security Index, Sanjana J. Ravi, Kelsey Lane Warmbrod, Lucia Mullen, Diane Meyer, Elizabeth Cameron, Jessica Bell, Priya Bapat, Michael Paterra, Catherine Machalaba, Indira Nath, Lawrence O. Gostin, Wilmot James, Dylan George, Simo Nikkari, Ernesto Gozzer, Oyewale Tomori, Issa Makumbi, Jennifer B. Nuzzo

Georgetown Law Faculty Publications and Other Works

Infectious disease outbreaks pose major threats to human health and security. Countries with robust capacities for preventing, detecting and responding to outbreaks can avert many of the social, political, economic and health system costs of such crises. The Global Health Security Index (GHS Index)—the first comprehensive assessment and benchmarking of health security and related capabilities across 195 countries—recently found that no country is sufficiently prepared for epidemics or pandemics. The GHS Index can help health security stakeholders identify areas of weakness, as well as opportunities to collaborate across sectors, collectively strengthen health systems and achieve shared public health goals. Some …

Breaking State-Centric Shackles In The Who: Taiwan As A Catalyst For A New Global Health Order, Ching-Fu Lin, Han-Wei Liu, Chien-Huei Wu

Research Collection Yong Pung How School Of Law

After World War II, states established World Health Organization (WHO), recognizing that “the health of all peoples is fundamental to the attainment of peace and security.” This aspiration, embedded in GlobalHealth governance, introduces a paradox vis-à-vis the WHO’s state-centric institutional design. Though Taiwan alerted the WHO to potential human-to-human transmission in the early stage of the pandemic, its participation in the WHO remains limited, contrasting the WHO’s goal of health for all peoples sharply against its outdated emphasis on statehood and power politics.This Essay critically assesses how and why state-centric international health governance neither delivers its goal to “promote and …

The Pandemic Juror, Melanie D. Wilson

Washington and Lee Law Review Online

While the deadly and highly contagious COVID-19 virus lingers and spreads across the country, courts are resuming criminal jury trials. In moving forward, judges reference case backlogs, speedy trial rights, and other concerns for the rights of the accused. Overlooked in this calculus is the importance of jurors and their safety. The Sixth Amendment guarantees “the right to a speedy and public trial, by an impartial jury.” Without jurors, there is no justice.

Even before the COVID-19 pandemic, the justice system sometimes took advantage of juror vulnerability, treating jurors callously, if not rudely, during voir dire by asking them intensely …

Science, Leadership, And Public Trust In The Covid-19 Pandemic, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Adherence to science in health messaging and public policies helped determine which countries have performed well in containing COVID-19. In the United States, President Trump has interfered with and undermined the work of scientific agencies such as the Centers for Disease Control and Prevention and the Food and Drug Administration, generating public distrust in science and amplifying fears about a future vaccine’s safety and effectiveness. He has also announced that the United States will not join a global partnership that aims to support the development of a vaccine and share access to it.

Science does not always tell us what …

Setting The Standard: Multidisciplinary Hallmarks For Structural, Equitable And Tracked Antibiotic Policy, Claas Kirchhelle, Paul Atkinson, Alex Broom, Komatra Chuengsatiansup, Jorge Pinto Ferreira, Nicolas Fortané, Isabel Frost, Christoph Gradmann, Stephen Hinchliffe, Steven J. Hoffman, Javier Lezaun, Susan Nayiga, Scott H. Podolsky, Kevin Outterson, Stephanie Raymond, Adam P. Roberts, Andrew C. Singer, Anthony D. So, Luechai Sringernyuang, Elizabeth Tayler, Susan Rogers Van Katwyk, Clare I. R. Chandler

Faculty Scholarship

There is increasing concern globally about the enormity of the threats posed by antimicrobial resistance (AMR) to human, animal, plant and environmental health. A proliferation of international, national and institutional reports on the problems posed by AMR and the need for antibiotic stewardship have galvanised attention on the global stage. However, the AMR community increasingly laments a lack of action, often identified as an ‘implementation gap’. At a policy level, the design of internationally salient solutions that are able to address AMR’s interconnected biological and social (historical, political, economic and cultural) dimensions is not straightforward. This multidisciplinary paper responds by …

Climate Change Action And Adaptation In Tokyo, Yuichiro Tsuji Prof.

Washington Journal of Environmental Law & Policy

This paper reviews an adaptation plan for the Tokyo Metropolitan Area. The Japanese Government decided to remain in the Paris Agreement and began trying to reduce CO2 with technology after the Great East Japan Earthquake of 2011. Nuclear power plants were closed, and some are still under safety review. Newly built thermal power plants will increase CO2 emissions, and the battle among the ministries hinders effective adaptation planning.

In 2012, the central government announced three basic approaches: risk management, comprehensive and general planning, and cooperating with local governments. However, the central government’s tactics still fall behind other countries’, and local …

Religious Liberty In A Pandemic, Caroline Mala Corbin

Duke Law Journal Online

The coronavirus pandemic caused an unprecedented shutdown of the United States. The stay-at-home orders issued by most states typically banned large gatherings of any kind, including religious services. Churches sued, arguing that these bans violated their religious liberty rights by treating worship services more strictly than analogous activities that were not banned, such as shopping at a liquor store or superstore. This Essay examines these claims, concluding that the constitutionality of the bans turns on the science of how the pathogen spreads, and that the best available scientific evidence supports the mass gathering bans.

Vaccine Hesitancy: Experimentalism As Regulatory Opportunity, Ana Santos Rutschman, Timothy L. Wiemken

The Business, Entrepreneurship & Tax Law Review

This issue on patient innovation has prompted us to explore problems related to departures from official vaccination schedules. Vaccine confidence has been plummeting across the world. In this essay, we argue that a more granular understanding of vaccine hesitancy—and ultimately a more finely tuned regulatory framework—is needed to reflect the current behavioral heterogeneity among indicated patients who choose to forego or delay administration of recommended vaccines. In particular, we focus on a phenomenon we term “vaccine staggering:” a departure from vaccination schedules in the form of delays in receiving one or more vaccines, which is motivated by the desire to …

Volume 104, Number 3 (Fall/Winter 2020-21)

Judicature

No abstract provided.

Thou Shalt Vaccinate Thy Children: New York's Attempt To Curb Abuse Of Religious Exemptions, Ryan Boylan

Hofstra Law Review

No abstract provided.

The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Situations like the COVID-19 pandemic pose a dilemma. One might argue that such a crisis is a time for people to sacrifice their legal rights for the common good and submit to heavy restrictions on one’s liberties, surrendering individual liberties to a benevolent, though powerful, state. On the other hand, for every situation in history where an emergency has required people to accept such restrictions, there are many more situations in which an unscrupulous government has used a pretend emergency, or a real but exaggerated one, as an excuse to arrogate to himself sweeping arbitrary powers and refuse to let …

Facilitating Access To A Covid-19 Vaccine Through Global Health Law, Lawrence O. Gostin, Safura Abdool Karim, Benjamin Mason Meier

Georgetown Law Faculty Publications and Other Works

This column explores the global health law reforms necessary to progressively realize universal access to a future COVID-19 vaccine. We begin by explaining the importance of global health law in the distribution of essential vaccines as a determinant of public health. The column then turns to examine the human rights foundations of global health law, conceptualizing vaccination access as a universal human right. We find that it will be crucial to develop legal commitments to ensure vaccine access prior to a scientific breakthrough, analyzing the legal barriers that impede global access and the global health law reforms necessary to facilitate …

Visions Of The Republic Symposium: Voting With The Virus: Ensuring Democracy Via Bypassing The Excuse Requirements In Absentee Voting, Russell Spivak

Fordham Law Review Online

One of the many difficulties posed by measures undertaken to curb the spread of the COVID-19 pandemic may be an inability to vote. Should this pandemic bleed into the fall, gathering at polling places, for example, would contravene guidelines prohibiting large gatherings particularly in crammed quarters. As such, jurisdictions must act immediately to broaden the use of absentee voting. Unfortunately, seventeen states, either via statute or constitutional provision, presently require an “excuse” to vote absentee. This could theoretically pose a problem insofar as fear of contracting the disease or spreading it to others may or may not qualify. This Article …

Covid-19 And Domestic Travel Restrictions, Katherine Florey

Notre Dame Law Review Reflection

The strict controls that many jurisdictions, including most U.S. states, established to contain the COVID-19 pandemic have proven difficult to sustain over time, and most places are moving to lift them. Internationally, many plans to ease lockdowns have retained some form of travel restrictions, including the “green zone” plans adopted by France and Spain, which limit travel between regions with widespread community transmission of COVID-19 and those without it. By contrast, most U.S. states lifting shelter-in-place orders have opted to remove limits on movement as well. This Essay argues that this situation is unwise: it tends to create travel patterns …

Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman

Joint PIJIP/TLS Research Paper Series

The Covid-19 pandemic has illustrated the importance of accurate, real-time information and empirical data in a rapidly evolving crisis. Yet it has also captured an opposite issue: the spread of misinformation and disinformation during a public health crisis. Numerous governments have used the Covid-19 pandemic as reason to, legitimately or illegitimately, heighten existing state censorship practices or introduce new practices entirely under the justification of stopping false information about the virus. This report analyzes developments in China, India, and Russia as case studies of government censorship amid the public health crisis. It offers five key takeaways from these case studies. …

Pandemic Planning, Dwight Merriam

Journal of Comparative Urban Law and Policy

No abstract provided.

Universal Masking In The United States: The Role Of Mandates, Health Education, And The Cdc, Lawrence O. Gostin, I. Glenn Cohen, Jeffrey P. Koplan

Georgetown Law Faculty Publications and Other Works

The Centers for Disease Control and Prevention (CDC) recommends cloth face coverings in public settings to prevent spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus that causes coronavirus disease 2019 (COVID-19). Face coverings decrease the amount of infectious virus exhaled into the environment, reducing the risk an exposed person will become infected.1 Although many states and localities have ordered mask use, considerable variability and inconsistencies exist. Would a national mandate be an effective COVID-19 prevention strategy, and would it be lawful? Given the patchwork of state pandemic responses, should the CDC have enhanced funding and powers to …

Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason M. Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

While a great deal of research captures the lived experiences of Black men as they navigate through the criminal legal system and onto reentry, very little research is grounded in how those processes are directly connected to their health. Although some research argues that mass incarceration is a determinant of poor health, there is a lack of qualitative analyses from the perspective of Black men. Black men face distinct pathways that lead them into the criminal legal system, and these same pathways await them upon reentry. This study aims to examine the health implications associated with incarceration and reentry of …

Upholding Tribal Sovereignty And Promoting Tribal Public Health Capacity During The Covid-19 Pandemic, Heather Tanana, Aila Hoss

Utah Law Faculty Scholarship

Tribes are sovereign nations with authorities and responsibilities over their land and people. This inherent sovereign authority includes the right to promote and protect the health and welfare of their communities. The COVID-19 pandemic has brought national attention to the health inequities experienced by American Indian and Alaska Native communities. The sovereign legal authority for Tribes to respond to this pandemic has received less attention. This Chapter describes some, but not all, of the urgent legal issues impacting Tribal response to the COVID-19 pandemic. It describes and identifies gaps in federal Indian health policies and highlights how Tribes have exercised …