Digital Commons Network^™

Libel Per Quod In Florida, Richard C. Ausness

Florida Law Review

No abstract provided.

Social Control Through The Reconstitution Of Man, Leroy L. Lamborn

Florida Law Review

No abstract provided.

The Ultimate Congressional Workaround: Why Businesses Should Advocate The Return Of A Robust And Originalist Nondelegation Doctrine After Nfib V. Osha And Biden V. Missouri, Tyler A. Dodd

The Business, Entrepreneurship & Tax Law Review

At the height of the COVID-19 pandemic, the Biden administration looked for a way to stop the spread of the virus. To stop the spread, the Biden administration announced a COVID-19 vaccine mandate for all businesses with over 100 employees and for all healthcare facilities receiving funds from the Center for Medicare and Medicaid Services (“CMS”). OSHA and CMS would administer the mandates, respectively. The agencies needed to administer the vaccine mandate because Congress failed to enact a mandate, and the agencies had broad and indefinite regulatory power in enacting public health measures. In NFIB v. OSHA the United States …

Osha And Public Health In An Emergency And A Culture War, Richard R. Carlson

Missouri Law Review

The approval of COVID-19 vaccinations for working age Americans in early 2021 offered a welcome release from oppressive non-vaccination safety measures. Group activities including normal employment operations became possible with a greatly reduced risk of serious illness and death. However, escape from the virus and non-vaccination measures was limited by widespread resistance to vaccination. OSHA became one of a handful of federal government offices that adopted rules to motivate more people to accept vaccination as the best way to protect themselves, protect their families, and escape the oppression of non-vaccination measures. OSHA, which regulates private sector “occupational” health, issued an …

Rediscovery Of The Living Law In Natural Disaster Mitigation In Majene Regency, West Sulawesi Province, Indonesia, Rahmat Bakri, Sulbadana Sulbadana, Saharuddin Saharuddin3, Asria Wayuni Ahmad

Indonesia Law Review

The living law and state law are two schools of law that are always dialectical in the development of law in a country. If the two can be synergized properly, then the legal function will run effectively and the legal objectives will be achieved. In the context of natural disaster mitigation in Indonesia, the synergy between the living law and state law can be proposed as a solution to streamline the various existing laws. This study aims to reidentify natural disaster mitigation models a previous result of the collective creativity of the people of Totolisi Sendana Village, Majene Regency, West …

**Risk-Taking Or Risk-Negotiating Model Of Vaccine Liability? Legal And Policy Considerations For Pandemic Vaccines**, Yu-Wei Chen

Lincoln Memorial University Law Review Archive

Vaccine liability determines vaccine availability. The allocation of vaccine liability is a determinant in reaching a procurement contract. Particularly during a pandemic, vaccine accelerated production poses new challenges to vaccine safety, quality, and efficacy. Solving the issue of vaccine liability is as equally important as vaccine equity in ensuring access to vaccines. For COVID-19 vaccine procurements, there are two discernible models of liability allocation around the globe: the United States risk-taking model and the European Union risk-negotiating model. The United States' risk-taking model shows that vaccine liability is borne by the government; in contrast, the European Union's risk-negotiating model shows …

**Towards Action And In Pursuit Of Scofflaws: Shifting The Framework Of Pandemic Public Health Punishment From Theory To Pragmatism**, Michael L. Cederblom

Lincoln Memorial University Law Review Archive

The COVID-19 pandemic sparked a debate over whether the government should implement public health interventions like mask mandates and whether public health scofflaws should be punished. The result was a split largely across political lines; “permissive” jurisdictions promoted ideas of individual freedom and condemnation of government-imposed punishment, while “restrictive” jurisdictions implemented a range of punishments attached to mask mandates. This political battle became one of stagnant theories and essentially fused considerations of public health and legal punishment. Bracketing political concerns, what philosophical theories fueled this divide? While public health generally employs a utilitarian framework limited by deontic constraints, permissive jurisdictions …

The Prep Act And The Countermeasures Injury Compensation Program: Past, Present, And Future, Allison M. Whelan

DePaul Law Review

No abstract provided.

Tort Law’S New Quarantinism: Race And Coercion In The Age Of A Novel Coronavirus, Sierra Stubbs, John Fabian Witt

DePaul Law Review

No abstract provided.

Responsive Analysis: Public Health Federalism And Tort Reform In The U.S. Response To Covid-19, Timothy D. Lytton

DePaul Law Review

No abstract provided.

Regulating Health Care: Perspectives From Government Failure During The Covid-19 Pandemic, David A. Hyman, Charles Silver

DePaul Law Review

No abstract provided.

Illegal Homeless Encampments In California: Using The Com-B Framework To Transform A Public Health Nuisance Into A New Housing Development Model, Desiree E. Orozco

Master's Projects and Capstones

California has the highest homeless population, with over 161,000 people experiencing homelessness. Despite approving a billion dollars in grants for the 2018-2019 budget, The 2021 Annual Homeless Assessment Report (AHAR) to Congress revealed California had an increase of over 3,500 individuals staying in shelters between 2020-2021. The multi-faceted and multi-dimensional issues of homelessness and policies make it difficult to prevent individuals experiencing homelessness from living in illegal encampments. Therefore, the author proposes a multi-prong approach to homelessness in California grounded in theories of the Socio-Ecological Model (SEM) and COM-B model and informed by housing first and permanent supportive housing practices. …

Product Liability: A Public Policy Approach To Contaminated Factor Viii Blood Products, Christina Bohannan

Florida Law Review

No abstract provided.

Physicians With Aids And Their Duty To Patients, Diane A. Tomlinson

Florida Law Review

No abstract provided.

The Current Federal Regulatory Framework For Release Of Genetically Altered Organisms Into The Environment, William Allen

Florida Law Review

No abstract provided.

Flattening The Curve While Protecting Our Right To Privacy: How The United States Can Implement The Digital Contract Tracing Efforts Used In East Asia, Evan Morris

Global Business Law Review

This paper looks at the digital contact tracing efforts implemented by other nations and assesses how similar measures could operate under enacted and proposed United States laws. Part I overviews the history of contact tracing and its effectiveness in prior disease outbreaks. Part II delves into the digital contact tracing efforts implemented by South Korea and Singapore. These summaries include: the digital contact tracing efforts taken, the laws that authorize these efforts, the public’s reception, and the overall effectiveness of the efforts. Part III overviews the digital contact tracing efforts in the United States, including proposed legislation aimed at user …

A Multicenter Weighted Lottery To Equitably Allocate Scarce Covid-19 Therapeutics, Douglas B. White, Erin K. Mccreary, Chung-Chou H. Chang, Mark Schmidhoffer, J. Ryan Bariola, Naudia N. Jonassaint, Govind C. Persad, Robert D. Truog, Parag A. Pathak, Tayfun Sönmez, M. Utku Unver

Sturm College of Law: Faculty Scholarship

Shortages of new therapeutics to treat coronavirus disease (COVID-19) have forced clinicians, public health officials, and health systems to grapple with difficult questions about how to fairly allocate potentially life-saving treatments when there are not enough for all patients in need. Shortages have occurred with remdesivir, tocilizumab, monoclonal antibodies, and the oralantiviral Paxlovid.

Ensuring equitable allocation is especially important in light of the disproportionate burden experienced during the COVID-19 pandemic by disadvantaged groups, including Black, Hispanic/Latino and Indigenous communities, individuals with certain disabilities, and low-income persons. However, many health systems have resorted to first-come, first-served approaches to allocation, which tend …

Does One Size Fit All? Why Our Genes Show The Need For Tailor-Made Solutions, Jack Haisman

UC Law Journal

Since the human genome was first sequenced in 2003, millions of consumers and medical professionals have swarmed the field of medical genetics, seeking to peer into the crystal ball and see what their own, or their patients’, futures may hold. Also rushing in are direct-to-consumer genetic testing companies like 23andMe and AncestryDNA, which can circumvent medical privacy laws by offering genetic testing without a medical provider.

Medical privacy regulations, such as the Health Information Portability and Accountability Act of 1996 (HIPAA), the Genetic Information Discrimination Act of 2008 (GINA), and those promulgated by the Federal Trade Commission, do not regulate …

Due Diligence In A Pandemic: State Accountability For Covid-19 Under International Law, Andrea Cocchini, Gonzalo Villalta Puig

Indiana Journal of Global Legal Studies

The coronavirus disease 2019 pandemic has tested the response capacity of the international community. This article analyses the due diligence principle and the various international legal instruments that restate it in an assessment of the possible actions that states could have taken to avoid or, at least, contain the initial outbreak of the pandemic.

Russia's Utilization Of The Covid-19 Pandemic: Lockdowns, Re-Sovereignization, And Disengagement From The West, Alexandra Orlova

Indiana Journal of Global Legal Studies

This article discusses the challenges that the COVID-19 pandemic poses to the current concepts of globalization, universality of human rights, and the rules-based international order. This article discusses how Russia has used the COVID-19 pandemic to accelerate its move away from Western ideas and institutions so as to solidify the power of its executive branch. In particular, this article examines the Russian Constitutional Court in its dealings with both the 2020 Russian constitutional amendments and the government's lockdown measures. This article concludes that the Russian Constitutional Court which is supposed to serve as a key guarantor of fundamental rights of …

The Case For A Global Excess Profits Tax: A Response To Dr. Tarcísio Diniz Magalhães & Professor Allison Christians, Paige Powers

Indiana Journal of Global Legal Studies

In striving to slow the spread of the COVID-19 pandemic, governments across the globe acted quickly to implement various "stayat- home" orders and bans on all "non-essential activities." While these actions were likely effective in slowing the spread of the virus, the economic impacts were felt almost immediately. The US deficit rose to $3.1 trillion following massive spending to aid individuals and small businesses. Internationally, governments have been increasing their debt loads to combat both the health and financial impacts of the pandemic. Indeed, by the end of 2020, the international debt load increased to a record-breaking $281 trillion. Almost …

Data Privacy In The Time Of Plague, Cason Schmit, Brian N. Larson, Hye-Chung Kum

Faculty Scholarship

Data privacy is a life-or-death matter for public health. Beginning in late fall 2019, two series of events unfolded, one everyone talked about and one hardly anyone noticed: The greatest world-health crisis in at least 100 years, the COVID-19 pandemic; and the development of the Personal Data Protection Act Committee by the Uniform Law Commissioners (ULC) in the United States. By July 2021, each of these stories had reached a turning point. In the developed, Western world, most people who wanted to receive the vaccine against COVID- 19 could do so. Meanwhile, the ULC adopted the Uniform Personal Data Protection …

Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee

Washington Journal of Law, Technology & Arts

Through enormous public support and private initiative, biopharmaceutical firms developed safe and effective COVID-19 vaccines in record time. These remarkable vaccines represent humanity’s best chance to end the devastating pandemic. However, difficult questions about ownership and access have arisen alongside the development and deployment of these vaccines. Biopharmaceutical companies have patented many of the technologies underlying these vaccines, thus seeming to pit intellectual property rights against the objective of wide and rapid dissemination of these critical resources. While prevailing debates have been framed in the language of intellectual property, this Article suggests that contract principles can help break the impasse …

Pushing Evolutionary Analysis Of Law Or Evolving Law: Design Without A Designer, Jeffrey Evans Stake

Florida Law Review

No abstract provided.

On Authority And Justification In Public Health, Bruce Jennings

Florida Law Review

No abstract provided.

Liberalism, Communitarianism, And Public Health: Comments On Lawrence O. Gostin's Lecture, Wendy E. Parmet

Florida Law Review

No abstract provided.

Beyond The Liberal And Communitarian Impasse: A Framework And Vision For Public Health, James F. Childress, Ruth Gaare Bernheim

Florida Law Review

No abstract provided.

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Florida Law Review

No abstract provided.

When Terrorism Threatens Health: How Far Are Limitations On Personal And Economic Liberties Justified?, Lawrence O. Gostin

Florida Law Review

No abstract provided.

Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román

Florida Law Review

No abstract provided.