Digital Commons Network^™

Crises, Creep, And The Surveillance State, Michal Lavi

Seton Hall Law Review

No abstract provided.

Worker Participation In A Time Of Covid: A Case Study Of Occupational Health And Safety Regulation In Ontario, Alan Hall, Eric Tucker

Articles & Book Chapters

This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited – and in some cases no – efforts by employers to meaningfully involve workers, worker representatives (reps), or union officials in assessing covid-19 risks and planning protection and prevention measures. The political and legal efforts of workers and unions …

Law In The Service Of Misinformation: How Anti-Vaccine Groups Use The Law To Help Spin A False Narrative, Dorit R. Reiss, Viridiana Ordonez

Northwestern Journal of Law & Social Policy

Social movements use legal tools to create narratives. Those narratives support social agendas which certain movements leverage to mislead their followers and potential followers. In this Article, we examine one influential anti-vaccine organization, the Informed Consent Action Network (ICAN), that uses its far-reaching platform to create false narratives around legal action. Again and again, this anti-vaccine group misrepresented both the legal and the factual meanings of court decisions, settlements, and other legal actions to create a narrative to galvanize its followers and influence newcomers. ICAN filed lawsuits that make anti-vaccine arguments—even when the legal framework did not fit doing so—and …

Fighting A Foreseeable Fauci “Fourth”: A Fourth Amendment Take On Hypothetical “Lock-Down” Orders, Justin R. Marks

Ohio Northern University Law Review

No abstract provided.

Community In The Colorado River Basin, Jason Robison, Matthew Mckinney, Daryl Vigil

Idaho Law Review

No abstract provided.

Why Do The Police Reject Counseling? An Examination Of Necessary Changes To Police Subculture., Noel Otu, Ntiense E. Otu

Journal of Health Ethics

Abstract

This paper reviews the concept of police subculture and examines its role in the management and acceptance of treatment for stress-related injury. In particular, we examine the impact of stigma that attaches to treatment within this subculture. The persistence of the dominant police subculture remains a significant obstacle to officers seeking treatment for stress-related illnesses. The subculture has historically resisted acknowledging the need for treatment in response to the occupational and/or organizational stress-related injury that results from frequent exposure to work-related trauma. Many police administrators are still embedded within and resist changes to the subculture, which results in an …

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 …

Sunshine Laws Behind The Clouds: Limited Transparency In A Time Of National Emergency, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

The COVID-19 pandemic dramatically changed the way citizens lived their lives, businesses operated, and governments functioned. With most people forced to stay home, the pandemic also disrupted how people received their news and other essential information. Public records and public meetings had to adapt to face the growing challenges in a locked-down world. While some governmental bodies were able to keep up with the threat that COVID-19 posed against transparency, others either failed to acclimate to the new normal or actively took advantage of the circumstances to limit how much the public knew not only about the crisis, but about …

Roadmap To Zero-Carbon Electrification Of Africa By 2050: The Green Energy Transition And The Role Of The Natural Resource Sector (Minerals, Fossil Fuels, And Land), Jeffrey D. Sachs, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Efosa Uwaifo, Bryan Michael Sherrill

Columbia Center on Sustainable Investment Staff Publications

All Africans — whether living in urban or rural areas — need access to affordable, clean, efficient, reliable, climate-proof, and renewable energy for both residential and productive uses to achieve sustainable development objectives. At the same time, the world is moving to decarbonization by 2050, and Africa will be part of this global trend. Prospective oil and gas projects in Africa will no longer be pursued as overseas markets, and financing will shrink. At the same time, Africa’s vast renewable energy potential, in the solar and hydropower sectors especially, will engage increasingly bankable and highly attractive investments. In net terms, …

التأمین من المسؤولیة المدنیة الناجمة عن انتقال الأمراض المعدية (فایروس كورونا كمثال), موزة عبدالله النعیمي

Theses

No abstract provided.

Paid Sick Leave's Payoff, Jennifer B. Shinall

Vanderbilt Law Review

Perhaps paid sick days have never been more valuable than during the COVID-19 pandemic. Yet even before COVID-19, seventeen states and the District of Columbia began passing legislative mandates that employers provide employees with paid sick leave (“PSL”) days. Most of this legislation requires employers to provide up to one week of PSL for both full- and part-time employees, which they can utilize with few notice or documentation requirements. Using the 2017–2018 American Time Use Survey Leave and Job Flexibilities Module, I first demonstrate that workers in PSL states are less likely to go to work sick, which may, in …

Why Aren't Mountain State Folks Getting The Shot?: Health Literacy, Covid-19, And Vaccination Rates In West Virginia Counties, Elizabeth Van Nostrand, Taylor J. Robinson, Aimee J. Palumbo

West Virginia Law Review

No abstract provided.

Animal Rights Activism And The Constitution: Are Ag-Gag Laws Justifiable Limits?, Jodi Lazare

Osgoode Hall Law Journal

It is a troubling time to be an animal rights activist in Canada. Recently, Alberta adopted legislation to create harsh penalties for trespassing onto private property, for obtaining permission to enter private property based on false pretences, and for interfering with vehicles on public highways. These laws relate to agricultural lands, to private property generally, and, where roads are concerned, to public property. Ontario has adopted similar legislation aimed specifically at agricultural property. The legislation in both provinces purports to protect the security of farmers, their families, and rural property owners generally, as well as the safety of the food …

التحليل المكاني لمرض انفلونزا الطيور في محافظة ديالى وآثاره الاقتصادية, أ م.د ضياء الدين حسين عسكر

Midad AL-Adab Refereed Quarterly Journal

مرض انفلونزا الطيور مرض ساري يصيب جميع أنواع الطيور ، سبب المرض هو حُمّة (Orthomyxo virus) وهي حٌمّة تحتوي على حامض نووي رايبي (Ribonucleic acid-RNA). ويعد من الأمراض المشتركة بن الإنسان والحيوان، إذ يصيب اعمار مختلفة في الإنسان مؤدياً إلى مضاعفات مرضية شديدة الخطورة خاصة بين الأطفال وكبار السن لا سيما الذين يعانون من أمراض قلبية أو رئوية مزمنة أو مرض نقص المناعة وأمراض السكري.

إن الثورة الوبائية للمرض حدثت في عام 1997 وهي مستمرة لحد الآن ، ومنطقة الدراسة تعرضت بشكل مباشر أو غير مباشر لهذهِ الموجات الفايروسية ، وقد أدت إلى حدوث هلاكات بأعداد كبيرة من الطيور ، …

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal (1991 - )

No abstract provided.

United States V. Allen And Judicial Review Of Early Pandemic Courtroom Closures, Stephen E. Smith

Faculty Publications

Trial court judges in 2020 were faced with a remarkable new problem. They were asked to accommodate both public health concerns (preventing trial participants, jurors, and spectators from contracting COVID-19) and criminal defendants’ Sixth Amendment right to a public trial. As courts of appeal begin their review of cases alleging violations of the Sixth Amendment’s right to a public trial arising during the early pandemic, they should be careful to consider conditions as they were at the time. We have learned much about COVID-19 and its management since then. But reviewing courts should not demand that trial courts possess public …

Silent Spring Revisited – Is It Time To Ban Lead? An Argument For A Federal Ban Of The Use Of Lead Ammunition For Hunting Game Pursuant To The Endangered Species Act, Jaclyn Mcbain Cohen

Pace Environmental Law Review

This note will explore EPA’s authority under the Endangered Species Act (“ESA”) to promulgate regulations banning the use of lead ammunition for any purpose. Section II discusses the impact of lead on the environment and wildlife and demonstrates how even small amounts of lead discharged into the environment through hunting practices can have lethal effects on wildlife, especially scavengers, such as the California condor and the grizzly bear. Section III discusses the current regulations that exist to control the discharge of lead into the environment from the use of other common substances, such as paint and gasoline, demonstrating that the …

Newsletter, Fall 2022

Newsletter

No abstract provided.

The Environmental, Social, Governance (Esg) Debate Emerges From The Soil Of Climate Denial, Lawrence J. Trautman, Neal Newman

Faculty Scholarship

It has been almost six decades since Rachel Carson’s ominous warning of pending environmental disaster. During 2019 the United Nations requested urgent action from world leaders, given that “just over a decade is all that remains to stop irreversible damage from climate change.” With every passing year, damage resulting from destructive climate change causes increased pain, suffering, death and massive property loss. During 2020 and 2021 alone, severe weather events have included: destructive fires in California; record breaking freeze, power outage, and threat to the electrical grid in Texas; continuation of disruptive drought in U.S. Western states; and record-breaking high …

Index-Based Policy To Guide Mask Wearing For Sars-Cov-2 And Other Pandemics, Sandeep Puri, Eli N. Perencevich, Michael Weiner

University of Dayton Law Review

No abstract provided.

Bell’S Palsy: My Journey With A Mysterious Nerve Disorder, Sneha Shah Bds

The Journal of the Michigan Dental Association

This article chronicles the personal journey of a dentist facing Bell's Palsy while pursuing licensure in the United States. Bell's Palsy, an idiopathic unilateral facial paralysis, is explored in detail, including its clinical presentation and differential diagnosis. The author shares their experiences, challenges, and treatments, shedding light on the impact of this mysterious nerve disorder on their daily life, work, and mental well-being. The article highlights the importance of early diagnosis, comprehensive evaluation, and treatment strategies for Bell's Palsy. The author's story serves as a poignant reminder for healthcare professionals to approach patients with empathy and compassion and recognize the …

Exponential Growth Bias And The Law: Why Do We Save Too Little, Borrow Too Much, And Fail To React On Time To Deadly Pandemics And Climate Change?, Doron Teichman,, Eyal Zamir, Professor Of Commercial Law

Vanderbilt Law Review

Many human decisions, ranging from the taking of loans with compound interest to fighting deadly pandemics, involve phenomena that entail exponential growth. Yet a wide and robust body of empirical studies demonstrates that people systematically underestimate exponential growth.

This phenomenon, dubbed the exponential growth bias (“EGB”), has been documented in numerous contexts and across different populations, using both experimental and observational methods.

Despite its centrality to human decisionmaking, legal scholarship has thus far failed to account for the EGB. This Article presents the first comprehensive study of the EGB and the law. Incorporating the EGB into legal analysis sheds a …

Giving Heroes Their Shields: Providing More Immunity To The Healthcare Industry During The Covid-19 Pandemic, Gabriella Levine

Journal of Civil Rights and Economic Development

(Excerpt)

The year is 2022. We are experiencing a global pandemic and economic uncertainty. And while traffic might have improved, as many work remotely and socially distance, everything else is unknown as people are face-to-face with death. The future has never looked bleaker.

As of September 12, 2022, there were 1,044,461 Coronavirus (“COVID-19”) related deaths and 94,973,074 reported COVID-19 cases in the United States (“U.S.”). The effects of COVID-19 impacted people who contracted the disease, family members who lost someone, and people at risk who have been in isolation for over one year.

Another group that has been heavily affected …

Small Business Relief In The Time Of Covid-19: Deservingness Judgments Lead The Ppp To Failure, Blair Hendricks

Journal of Civil Rights and Economic Development

(Excerpt)

In 2020, going to the grocery store or getting a bite to eat looked a little different than usual: normal outings in 2020 required masks and temperature checks, among other safety precautions. As if patronizing businesses was not difficult enough, operating a business in 2020 could have been downright tragic. In December 2020, Steven Klein, the owner of Vision Lanes Bowling Alley, posted a tribute on his Facebook page to his beloved business. The following is an excerpt from that post:

This is NOT a political post. My sources are telling me an extension is going to be announced. …

Keping Puzzle Yang Hilang: Menelaah Hak Yang Sirna Terhadap Narapidana, Muhammad Abdul Azis, Riski Ananda Kusuma Putri, Nur Rahman

Jurnal Hukum & Pembangunan

Prisons have a reputation for being cages of deprivation of freedom and atonement for wrongdoing. Prisoners lose their independence because prisons restrict their movement, including their sexual needs, which is like the "missing piece of the puzzle." The discussion in this article tries to explore the missing piece of prisoners' rights, examine, and analyze the impact of the Conjugal Visit program for prisoners in Indonesia, to bring new light to the realization of human rights in the prison system aimed at legal protection and fulfillment of human rights. This article uses normative legal methods. Systematic legal comparison is used to …

Thou Shalt Not Take Thy Lord’S Name In Vein: Vaccine Mandates & Religious Objectors, Stephen Moran

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Data Exclusivity With Regard To Clinical Data, Animesh Sharma

Indian Journal of Law and Technology

Intellectual property rights have evolved over the years with the intention of protecting novelty and innovation of ideas while creating a competitive market, at both a local and global level. The strongest tools to achieve this end have arguably been patents – protecting inventions that are novel, non-obvious and demonstrate utility. Most countries give a protection term of twenty years from the date of filing a valid submission. In the field of pharmaceuticals, foods and agrochemicals, marketing of products requires statutory clearances from the appropriate national regulatory bodies, in order to ensure that the products satisfy certain minimum criteria of …

Occupational Diseases, Donald L. Smith

Florida Law Review

No abstract provided.

An Innkeeper's "Right" To Discriminate, Frederick W. Peirsol

Florida Law Review

No abstract provided.

Human Organ Transplantation: Some Medico-Legal Pitfalls For Transplant Surgeons, Walter C. Ward

Florida Law Review

No abstract provided.