Law Commons^™

“Under The Guise Of Public Health:” The Biden Administration And Title 42, Casey Plach

SLU Law Journal Online

In March 2020, the Trump Administration set forth a policy, now known as Title 42, which closed U.S. borders and allows government officials to immediately expel migrants—including asylum seekers—citing public health concerns in light of the COVID-19 pandemic. Still in effect today, Title 42 has faced criticism from legal experts and health experts alike, who claim the policy directly conflicts with asylum laws and has little basis in public health. In this article, Casey Plach explores this criticism and critiques the Biden Administration’s continued use of Title 42.

Homeward Bound: The Current Rise Of Homeschooling And The Need For Regulation, Mary Fletcher

SLU Law Journal Online

With the rise of the COVID-19 pandemic, the number of American homeschoolers has drastically increased. While all fifty states have passed legislation allowing for homeschooling, regulations of homeschooling vary from state-to-state, with some states having virtually no regulation at all. In this essay, Mary Fletcher examines homeschooling laws and discusses the need for consistent federal regulation to ensure that homeschooled students receive an adequate education.

Contract Clauses Under Scrutiny: Covid-19, Mike Zawalski

SLU Law Journal Online

Force majeure clauses have saved many businesses that have been unable to perform their contractual obligations during the COVID-19 pandemic. In this article, Mike Zawalski discusses case law on force majeure provisions in the time of the COVID-19 pandemic.

Fallout Avoided? Zoombombing Litigation Update, Kaitlin Carpenter

SLU Law Journal Online

In this article, Kaitlin Carpenter discusses Zoom’s dark side in a practice called Zoombombing, and also provides an update on the lawsuit addressing this problem.

The Fate Of The Public Charge Rule Following A Covid-19 Era, Jacquelyn Sicilia

SLU Law Journal Online

Within two weeks of the new administration, President Biden sought immediate review of the long existing Public Charge Rule and former President Trump's changes to it. In this article, Jacquelyn Sicilia discusses the recent litigation on the Public Charge Final Rule and where it stands today.

My Body, My Temple: The Constitutional Requirement For Religious Exemptions To A Covid-19 Vaccination Mandate, Ben Davisson

SLU Law Journal Online

While the COVID-19 crisis has caused many to fear the threat that the virus poses to the health and safety of themselves and their loved ones, for others, and particularly for those with certain religious beliefs, the cure is worse than the disease. The possibility of a government mandated vaccine has caused extreme anxiety for many Americans. In this article, Ben Davisson discusses the constitutionality of mandatory vaccination programs and how such programs may come into conflict with the Free Exercise Clause of the First Amendment.

Hipaa-Phobia Hampers Efforts To Track And Contain Covid-19, Lee Hiromoto M.D., J.D.

SLU Law Journal Online

The Health Insurance Portability and Accountability Act (HIPAA), enacted by the US Congress 1996, laudably protects medical privacy in healthcare settings. However, this federal law has created a culture of fear that limits current efforts to address the COVID-19 pandemic. Healthcare providers, who are covered by HIPAA, may be reluctant to disclose information about outbreak clusters for fear of violating the law. Healthcare organizations, who are also covered by the law, still rely on fax machines to avoid violating HIPAA’s data security requirements. And the scrupulous rule-following in healthcare has given independent life to a HIPAA boogeyman. Thus, officials who …

The Cdc’S Moratorium: Will The New Year Bring About An Eviction Crisis?, Matt Donahoe

SLU Law Journal Online

The new relief bill has extended the eviction moratorium another month. In this article, Matt Donahoe discusses whether this will provide tenants the necessary protection to avoid an eviction crisis as well as whether the moratorium is an infringement upon a landlord’s constitutional rights.

The Further Downfalls Of Dcfs During The Covid-19 Pandemic, Josie Finch

SLU Law Journal Online

The COVID-19 pandemic has brought nationwide trials and tribulations but in Illinois, it has brought further complications to an already struggling Department of Children and Family Services. In this article, Josie Finch discusses the consequences of isolation and economic issues on at-risk children in Illinois as a result of the COVID-19 pandemic.

Top Executives Forgoing Their Salaries In The Face Of Covid-19: A Benevolent Act Or Deceitful Trick?, Lauren Sullivan

SLU Law Journal Online

As financial hardship hits us all in the wake of COVID-19, affluent executives of top companies have announced relinquishment of their 2020 salaries. While appearing to be to sharing the financial suffering with their lower employees, Lauren Sullivan dives into the question of how much these executives are really “sacrificing.”

Covid-19 And Public Accommodations Under The Americans With Disabilities Act: Getting Americans Safely Back To Restaurants, Theaters, Gyms, And “Normal”, Frank Griffin M.D., J.D.

SLU Law Journal Online

THIS IS A PRELIMINARY EXPEDITED VERSION OF THE OFFICIAL ARTICLE TO BE ORIGINALLY PUBLISHED IN SAINT LOUIS UNIVERSITY LAW JOURNAL VOLUME 65 NUMBER 2

COVID-19 permanently changed the way places of public accommodation like restaurants, theaters, medical facilities, arenas, gyms, and many other proprietors of mainstream American activities must operate in order to accommodate people with newly-defined, COVID-19-related disabilities under Title III of the Americans with Disabilities Act (ADA). The required modifications will affect all patrons and employees of these establishments. Under the ADA, places of public accommodation are barred from discriminating against people with disabilities in the full and …