Digital Commons Network^™

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 …

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 …

The Federal Law Clerk Hiring Pilot And The Coronavirus Pandemic, Carl Tobias

Law Faculty Publications

Just when law students attained a comfort level with the arcane intricacies of the federal law clerk employment process, as increasingly exacerbated by the second year of an experimental hiring pilot plan, the coronavirus attacked the country and has been ravaging it ever since. To date, the virus has inflicted the most profound harm on the jurisdictions that comprise all of the “coastal elite circuits” that span the District of Columbia north to Maine, as well as the United States Courts of Appeals for the Seventh and Ninth Circuits, which apply the pilot. This piece examines impacts that the coronavirus’ …

Privacy And Pandemics, Clarisa Long

Faculty Scholarship

The beginning of 2020 marked an unexpected turn for the world, the global pandemic of COVID-19 has affected every aspect of life. It has also created an unprecedented opportunity for governments to justify the expansion of their surveillance and collection of data. The foregoing essay, which was first published in Faculty Publications at Scholarship Archive of the Columbia Law School focuses on two types of data collection – governmental mass collection of nonanonymized location data and state-collected nonanonymized data on people's health and immunity status. Several countries have applied one or both practices and it is relevant to look into …

Automatic Detection From Chest X-Rays Using Deep Learning, Evan Lang

Technical Library

Over the past year, COVID-19 has affected countries world-wide. COVID-19 detection tests have allowed us to control the spread of the disease; however, COVID-19 testing kits are highly specialized and difficult to procure in quantity. X-rays, on the other hand, have broad clinical usage and therefore tend to be readily available. As a result, radiologists have begun using chest X-rays to diagnose COVID-19 in patients with respiratory distress. The goal of this research project was to demonstrate that deep learning can be used to automatically detect COVID-19 from chest X-rays. Automated detection with deep learning models could help make X-ray …

The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson

Faculty Scholarship

The Covid-19 crisis has laid bare the fragility of social insurance systems in the United States and the lack of income security and basic benefits for many workers and residents. The United States has long had weaker protections for workers compared to other liberal democracies racial and economic disparities among those most affected by these dislocations (analyses are hampered by a paucity of demographic data). Those who were socially and economically vulnerable before the pandemic (for example due to homelessness, immigration status, or incarceration) are likely to suffer the most harm. Changes in workplace conditions as a result of the …

Emergency Exemptions From Environmental Laws, Michael B. Gerrard

Faculty Scholarship

The national response to the coronavirus crisis may face several impediments but federal and state environmental laws should not be among them. Most of these laws have emergency exemptions that allow the usual (and sometimes lengthy) procedures to be bypassed, and some substantive requirements to be waived, in instances of true urgency. However, there is concern that some agencies and corporations will use this as an excuse to bypass environmental laws that aren’t actually getting in the way of responses to the crisis.

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

Bankruptcy’S Role In The Covid-19 Crisis, Edward R. Morrison, Andrea C. Saavedra

Faculty Scholarship

Policymakers have minimized the role of bankruptcy law in mitigating the financial fallout from COVID-19. Scholars too are unsure about the merits of bankruptcy, especially Chapter 11, in resolving business distress. We argue that Chapter 11 complements current stimulus policies for large corporations, such as the airlines, and that Treasury should consider making it a precondition for receiving government-backed financing. Chapter 11 offers a flexible, speedy, and crisis-tested tool for preserving businesses, financing them with government funds (if necessary), and ensuring that the costs of distress are borne primarily by investors, not taxpayers. Chapter 11 saves businesses and employment, not …

Covid-19 As A Force Majeure In Corporate Transactions, Matthew Jennejohn, Julian Nyarko, Eric L. Talley

Faculty Scholarship

This paper surveys the use of pandemic-related provisions in Material Adverse Effects ("MAE") provisions in a large data set of publicly disclosed M&A transactions spanning the years 2003-2020. We document a trend towards greater use of such provisions, taking off particularly after the H1N1 crisis in 2009, and spiking again in late 2019 and early 2020. These terms are invariably located in the exclusions/carve-outs to the MAE, and they are overwhelmingly accompanied by "disproportionate effects" language that tends to dampen the effect of the carve out. There is little discernible statistical relationship between the inclusion of a pandemic-related carve-out and …

Executive Overreach And Underreach In The Pandemic, Kim Lane Scheppele, David E. Pozen

Faculty Scholarship

The pandemic that convulsed the globe in 2020 was long foretold but still surprising to many. Within a few months of its appearance, COVID-19 became one of the leading causes of death worldwide. Governments struggled at first to comprehend what was happening – and then reacted in very different ways. Most political leaders followed the advice of epidemiologists. Many declared states of emergency. A few pursued autocratic agendas. And some did almost nothing.

During emergencies, constitutional scholars normally worry about executive aggrandizement at the expense of human rights and democratic values. Emergencies often require national executives to act quickly and …

Decarcerating New York City: Lessons From A Pandemic, Nicole Smith Futrell

Faculty Scholarship

Over the last decade, long before the sweeping impact of COVID-19, the criminal legal system in New York City has been on a halting path toward decarceration. Set against the national backdrop of declining crime rates and a reckoning with the economic, social, and racial costs of mass criminalization and incarceration, elected officials in New York City and State have acknowledged that a shift toward reducing the number of people held in New York City jails is long overdue. Particular attention has been focused on Rikers Island, the notoriously violent, sprawling jail complex, which has been regarded as one of …

Executive Underreach, In Pandemics And Otherwise, David E. Pozen, Kim Lane Scheppele

Faculty Scholarship

Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal order; and to suggest a partial remedy.

The Role Of Social Entrepreneurship During Covid Pandemic – A Case Study Analysis On Select Social Entrepreneurial Initiatives From India And Hong Kong, Man Hin, Eve Chan

Department of Design and Architecture

Social entrepreneurship can be explained in simple terms as doing business for a social cause. Social entrepreneurs are perceived as creative innovators, who combine commerce and social issues in a way that improves the life of people connected to the issue. The COVID pandemic is having a very detrimental effect on the communities and the social entrepreneurs from various parts of the world have emerged as a support system for the government and the COVID warriors of their respective countries. The authors have selected different case studies from India and Hong Kong to explore the role of social entrepreneurs during …

Library Experiences Of Technical Services And Special Collections During The Covid-19 Pandemic At Edith Garland Dupré Library, University Of Louisiana At Lafayette, Zachary G. Stein, Sheryl Curry, Janelle Zetty, Michael Mitchell, Scott Jordan

Faculty Scholarship

The COVID-19 pandemic put a major strain on everyday life. Academic institutions were forced to close, leaving many employees to resort to teleworking. Academic libraries were put in an unusual position, as they strove to provide access to library materials and services, despite limited to no access to the actual sites. This proved to be especially tricky for technical services and special collections departments, which heavily rely on being present at libraries. Therefore, these departments needed to develop solutions that would allow them to continue performing their duties while adhering to stay-at-home orders. With careful preparation and frequent communication, the …

When Contact Kills: Indigenous Peoples Living In Voluntary Isolation During Covid, Sital Kalantry, Nicholas Koeppen

Cornell Law Faculty Publications

During the global pandemic, people around the world are at risk of serious illness and death from contact and proximity to other people. But Indigenous peoples, particularly those in voluntary isolation, have always faced that risk. International organizations have relied on the right to self-determination as the primary legal grounds to justify the principle of no-contact for Indigenous peoples living in voluntary isolation. This Essay argues that the right to life and right to health when properly contextualized are stronger bases to push states to prevent outsiders from contacting people living in voluntary isolation.

Covid-19: Lessons Learned In Public Procurement. Time For A New Normal?, Laurence Folliot Lallion, Christopher R. Yukins

GW Law Faculty Publications & Other Works

The COVID-19 crisis upended markets and assumptions in public procurement, and posed an almost existential threat to traditional procurement systems. Seismic changes in economic relationships – governments were no longer monopsonists, government officials failed as economic intermediaries between suppliers and the public, and supplies that were traditionally treated as private (such as medical equipment) suddenly became “public” goods under worldwide demand. Traditional trade rules were rendered irrelevant, as the goal was no longer simply to open individual procurements but rather to open borders to intense global demand. Although the disruption was revolutionary, ironically the solution is to return to first …

Organizational Management Of Distance Learning: An Analysis Of Teacher Feedback Throughout Hampton Roads Public High Schools During The Covid-19 Pandemic Response, Cody P. Trudeau

OTS Master's Level Projects & Papers

Public schools throughout the United States experienced closures and transitions to online curriculum in the spring of 2020 due to the COVID-19 pandemic. However, many of the policies and strategies implemented to manage teaching faculty were hastily designed and employed out of necessity. This study sought to examine organizational management policies and strategies throughout public high schools in the Hampton Roads region of Virginia through teaching faculty perspectives. This cross-sectional study examined descriptive and correlational statistics of survey responses to determine and evaluate how schools managed communication, responsibilities and delegation, and training for distance learning in order to provide policy …

Mental Workload Assessment Among Healthcare Workers During Pandemic Covid-19 At Hospital Tunku Azizah, Mohd Basari Mohd 'Aizat

Student Works (2020-2029)

Workload is the amount of work an individual has to do. There is a distinction between the actual amount of work and the individual's perception of the workload. In addition, with current pandemic situation, definitely causes an increased workload among healthcare workers. Somehow, front-liners are doing their best in battling COVID-19 to protect publics from any adverse effects by this aggressive identified Coronavirus. The purpose of this study is to determine level of mental workload and its relationship on mental health status and job satisfaction among healthcare workers. Scope of this study involving medical laboratory workers in Pathology Department Hospital …

Lessons From The Coronavirus Pandemic For Environmental Governance, Erin Ryan

Scholarly Publications

This very short essay distills lessons from the U.S. response to the COVID-19 pandemic for leaders everywhere about how—and how not—to manage complex interjurisdictional challenges, like the environment, which unfold without regard for political boundaries. In a matter of months, COVID-19 has laid bare the interdependence of the world on every front imaginable: global public health, economic growth and development, social and professional networks, transportation and migration, and of course, ecological and environmental systems. No single nation has the coronavirus. No one state is economically disrupted. There is no single ethnic group, occupation, or corner of the world that has …

The Impact Of Covid-19 On Worksite Wellness Programs, Marilyn S. Campbell

Theses and Dissertations--Public Health (M.P.H. & Dr.P.H.)

Introduction: Worksite wellness programs are popular employer offerings as of the last few decades. The COVID-19 pandemic has caused major shifts in behavior since these programs have been implemented. The purpose of this study was to see how the pandemic has affected various offerings within a university worksite wellness program.

Methods: This study is a secondary analysis of a university worksite wellness program, and it compares participation in the various offerings in response to the COVID-19 pandemic by evaluating 2019 participation (pre-pandemic) to 2020 participation (including onset of the pandemic and after). This worksite wellness program, which is available to …

Adoption Of The Health Information Exchange (Hie) System And The Role Of The Healthcare Leadership, Muhammad Faisal Ashfaque

Theses and Dissertations

The advancement in technology calls for improvement in service delivery in healthcare systems, especially in the present health pandemic of the COVID-19. At present, healthcare systems utilize several electronic health techniques. However, there is a need for the creation of interoperability that can assist healthcare organizations in exchanging data more effectively through the global adoption of healthcare information exchange (HIE). The current research examines the adoption of HIEs and healthcare leadership roles to realize a fully functional interoperable patient HIE. This study utilized the systematic document analysis method to review qualitative data on the different aspects of healthcare leadership, implementation …

Financial Consequences Of Covid-19 For U.S. Hospitals, Laura Petty, Trevor Mullins

Theses, Dissertations and Capstones

Introduction: The coronavirus pandemic has caused many financial issues for many businesses including putting a substantial strain on hospitals in the U.S. The impact of COVID-19 on the financial well-being of hospitals has been evaluated and the severity is still being measured as the pandemic is ongoing. The purpose of this research was to assess the financial consequences of the COVID-19 pandemic for hospitals in the United States.

Methodology: A literature review with a semi-structured interview with an expert from a local hospital was used for the methodology of this qualitative study. Five government websites and five databases …

Policy And Practice Brief 2: English Learners Are A Priority During Covid-19, Melissa J. Cuba

MERC Publications

English learners (ELs) are disproportionately impacted by the health and economic repercussions of the COVID-19 pandemic. These students often traverse virtual learning with fewer resources, limited access, additional responsibilities, and increased needs. In addition to this, they represent a significant percentage of the student population in school divisions across the Commonwealth. This policy and practice brief provides additional research and resources on this topic.

The Survival Of Critical Infrastructure: How Do We Stop Ransomware Attacks On Hospitals?, Helena Roland

Catholic University Journal of Law and Technology

Our nation’s infrastructure is under an emerging new threat: ransomware attacks. These attacks can cause anything from individual laptops, to entire cities to shut down for a period of time until the victim pays a ransom to the attacker. Unfortunately, these attacks are on the rise and the attackers have a new target: hospitals. Ransomware attacks on hospitals can temporarily shut down operating room technology and limit physician access to patient files, ultimately threatening the safety of hospital patients and the surrounding community. This paper examines how the threat of ransomware attacks on hospitals is on the rise and what …

Can We Handle The Truth Of What Covid-19 Is Telling Us?, James A. Marcum

Animal Sentience

Wiebers & Feigin (W&F) are right that what COVID-19 is telling us is that to prevent future zoonotic pandemics we need to put an end to our exploitation of wild and farmed animals. To implement W&F’s recommendations we need to overcome at least three obstacles: (1) the way we have responded historically to zoonoses, (2) our insatiable appetite for meat (wild or farmed) and (3) our speciesist attitude toward nonhuman animals.

Mitigating A Covid-19 Outbreak Among Major League Baseball Players - United States, 2020, Meghan T. Murray, Margaret A. Riggs, David M. Engelthaler, Caroline Johnson, Sharon Watkins, Allison Longenberger, David Brett-Major, John Lowe, M. Jana Broadhurst, Chandresh N. Ladva, Julie M. Villanueva, Adam Macneil, Shoukat Qari, Hannah L. Kirking, Michael Cherry, Ali S. Khan

Journal Articles: Epidemiology

Mass gatherings have been implicated in higher rates of transmission of SARS-CoV-2, the virus that causes coronavirus disease 2019 (COVID-19), and many sporting events have been restricted or canceled to limit disease spread (1). Based on current CDC COVID-19 mitigation recommendations related to events and gatherings (2), Major League Baseball (MLB) developed new health and safety protocols before the July 24 start of the 2020 season. In addition, MLB made the decision that games would be played without spectators. Before a three-game series between teams A and B, the Philadelphia Department of Public Health was notified of a team A …

Legal Lessons From A Very Fast Problem: Covid-19, Eric E. Johnson, Theodore Bailey

Faculty Articles

The course of a pandemic is as much a function of social structures as protein structures. Law is among the most important of these social structures, and it is among those most capable of the kind of rapid adaptation that is needed against an exponentially replicating virus. Thus, there is an urgent need to scrutinize the role of the law in impeding or supporting timely and effective measures to combat the great pandemic caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and its associated malady, coronavirus disease 2019, better known as COVID-19. This Essay offers a look back on …

Finetuning Pre-Trained Language Models For Sentiment Classification Of Covid19 Tweets, Arjun Dussa

Dissertations

It is a common practice in today’s world for the public to use different micro-blogging and social networking platforms, predominantly Twitter, to share opinions, ideas, news, and information about many things in life. Twitter is also becoming a popular channel for information sharing during pandemic outbreaks and disaster events. The world has been suffering from economic crises ever since COVID-19 cases started to increase rapidly since January 2020. The virus has killed more than 800 thousand people ever since the discovery as per the statistics from Worldometer [1] which is the authorized tracking website. So many researchers around the globe …

Communication Strategies For Connecting Onevcu, The Grace E. Harris Leadership Institute At Virginia Commonwealth University, Jason Jacobus, Amy Lutero, Mary Peace Mcrae, Shravan Renapurkar, Kristin Richardson, Christian Wernz, Tonka Williams

The Grace E. Harris Leadership Institute Publications

This project analyzes and makes improvement suggestions for communication to VCU faculty and staff. The COVID-19 crisis has brought to light a variety of communication needs. Faculty and staff are feeling overwhelmed by a flood of emails, while at the same time are missing key information. We have assessed the current communication infrastructure, and together with the key VCU communicators have identified improved processes and policies.