Law Commons^™

The Online Criminal Trial As A Public Trial, Stephen Smith

Faculty Publications

There are two ways of favorably conceiving online trials in Sixth Amendment terms. One is that an online trial is a public trial, by its terms. The other is that an online trial may not be public, for Sixth Amendment purposes, but may nonetheless satisfy applicable constitutional demands for trials considered “closed.” This Essay proposes both: that an online trial is fundamentally “public” for Sixth Amendment purposes and, if it is not, it may still be a constitutional accommodation of the Sixth Amendment’s public trial guarantee, in appropriate circumstances.

The constitutionality of an online trial may be largely an idle …

“Pandemic Brain,” Burnout, And 2022, Olivia R. Smith Schlinck

Library Staff Online Publications

In my first post, I wrote about the big feelings our students might be grappling with and how to approach the semester carefully, with kindness and grace. Lately I’ve been asking myself: how do we do the same for ourselves? Something about this moment – this month, this semester, this year, you pick – feels. . . off. People are stressed, depressed, or entirely burnt out. People are quitting their jobs at higher-than-average rates and having trouble focusing on their work, feeling overwhelmed and distracted. It’s almost 2022 and people are still struggling with processing 2020.

Obligations In A Global Health Emergency - Authors' Reply, Ezekiel J. Emanuel

Sturm College of Law: Faculty Scholarship

No abstract provided.

Supreme Court Institute Annual Report, 2020-2021, Georgetown University Law Center, Supreme Court Institute

SCI Papers & Reports

During the U.S. Supreme Court’s October Term (OT) 2020—corresponding to the 2020-2021 academic year— the Supreme Court Institute (SCI) provided moot courts for advocates in 57 of the 58 cases argued at the Supreme Court, offered our annual press and student term preview programs, and continued to integrate the moot court program into the Law Center curriculum. As in past Terms, the varied affiliations of advocates mooted reflect SCI’s commitment to assist advocates without regard to the party represented or the position advanced.

Responding to the COVID-19 pandemic, the Supreme Court took the unprecedented step of hosting all OT 2020 …

Law School News: 'You Have To Adapt To Survive' 11-11-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan

Articles by Maurer Faculty

There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student.

Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled …

Chosen Family, Care, And The Workplace, Deborah Widiss

Articles by Maurer Faculty

Employees often request time off work to care for the medical needs of loved ones who are part of their extended or chosen family. Until recently, most workers would not have had any legal right to take such leave. A rapidly growing number of state laws, however, not only guarantee paid time off for family health needs, but also adopt innovative and expansive definitions of eligible family.

Several provide leave to care for intimate partners without requiring legal formalization of the relationship. Some go further to include any individual who has a relationship with the employee that is “like” or …

Reflections On Legal Education In The Aftermath Of A Pandemic, Timothy Casey

Faculty Scholarship

This essay considers two significant changes to legal education in the aftermath of the COVID-19 pandemic. First, on-line programs will expand, based on the largely successful experiment in delivering legal education on-line during the pandemic. But this expansion must be thoughtful and deliberate. The legal education curriculum could include more on-line courses, but only if the learning outcomes and the pedagogy are aligned with on-line education. Experiential courses may not be the best fit for on-line given the specific learning outcomes and the benefits of in-person instruction in those courses. Second, student well-being will receive more attention in legal education. …

Setting The Health Justice Agenda: Addressing Health Inequity And Injustice In The Post-Pandemic Clinic, Emily Benfer, James Bhandary-Alexander, Yael Cannon, Medha D. Makhlouf, Tomar Pierson-Brown

Faculty Scholarly Works

The COVID-19 pandemic surfaced and deepened entrenched preexisting health injustice in the United States. Racialized, marginalized, poor, and hyper-exploited populations suffered disproportionately negative outcomes due to the pandemic. The structures that generate and sustain health inequity in the United States—including in access to justice, housing, health care, employment, and education—have produced predictably disparate results. The authors, law school clinicians and professors involved with medical-legal partnerships, discuss the lessons learned by employing a health justice framework in teaching students to address issues of health inequity during the pandemic. The goal of health justice is to eliminate health disparities that are linked …

Law Students, Covid-19, And Big Feelings, Olivia R. Smith Schlinck

Library Staff Online Publications

It’s Fall 2021 and well . . . we’re back. Or rather – some of us are. Along with a patchwork of universities requiring vaccinations and/or masks for students comes a patchwork of modes of instruction: fully online, hybrid, fully in-person (and subject to change). Some employees have shifted to occasional work-from-home models while others are required to be in-person every day. It’s all very complicated. Honestly, right now everything is complicated. With big, complicated situations come big, complicated feelings, and our students’ feelings are certainly that: big.

Shifting Standards Of Judicial Review During The Coronavirus Pandemic In The United States, Wendy K. Mariner

Faculty Scholarship

Emergencies are exceptions to the rule. Laws that respond to emergencies can create exceptions to rules that protect human rights. In long lasting emergencies, these exceptions can become the rule, diluting human rights and eroding the rule of law. In the United States, the COVID-19 pandemic prompted states to change rules governing commercial and personal activities to prevent the spread of the coronavirus. Many governors’ executive orders were challenged as violations of the constitutionally protected rights of those affected. Judges are deciding whether emergencies can justify more restrictions than would be permitted in normal circumstances and whether some rights deserve …

Effects Of Political Versus Expert Messaging On Vaccination Intentions Of Trump Voters, Christopher Robertson, Keith Bentele, Beth Meyerson, Alexander Wood, Jacqueline Salwa

Faculty Scholarship

To increase COVID-19 vaccine uptake in resistant populations, such as Republicans, focus groups suggest that it is best to de-politicize the issue by sharing five facts from a public health expert. Yet polls suggest that Trump voters trust former President Donald Trump for medical advice more than they trust experts. We conducted an online, randomized, national experiment among 387 non-vaccinated Trump voters, using two brief audiovisual artifacts from Spring 2021, either facts delivered by an expert versus political claims delivered by President Trump. Relative to the control group, Trump voters who viewed the video of Trump endorsing the vaccine were …

Uga School Of Law Covid-19 Student Flow Chart, Fall 2021, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

Two flow charts were revised for Fall 2021 and distributed to faculty, staff and students in August 2021 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspects of this resource.

A generic template of this flow chart was also created so that other departments, schools and colleges across the University of Georgia could adapt and use this resource for their communities. That template is attached below as an additional file.

Uga School Of Law Covid-19 Employee Flow Chart, Fall 2021, University Of Georgia School Of Law, Rachel S. Evans

COVID-19 Pandemic Archive

Two flow charts were revised for Fall 2021 and distributed to faculty, staff and students in August 2021 under advisement from Dean Peter B. Rutledge in consultation with members of UGA's College of Veterinary Medicine, Department of Population Health and the AU/UGA Medical Partnership. UGA Law Librarian Rachel Evans assisted with the graphic design aspects of this resource.

A generic template of this flow chart was also created so that other departments, schools and colleges across the University of Georgia could adapt and use this resource for their communities. That template is attached below as an additional file.

Good-Better-Best Practices, Thomas E. Kadri, Jean Mangan

COVID-19 Pandemic Archive

"At our last faculty meeting, Dean Rutledge suggested developing a set of “best practices” to handle some of the challenges posed by the current public-health crisis. In discussing this idea, Jean Mangan and I felt that it might be worthwhile thinking of them as “good-better-best practices,” recognizing that varying approaches will inevitably make sense for different instructional styles and priorities. We offer the ideas in the attached document not to suggest that they’re the best practices, but rather in the hope that they’ll be useful as we all adapt to this new and challenging pedagogical environment." - Thomas …

Law, Criminalisation And Hiv In The World: Have Countries That Criminalise Achieved More Or Less Successful Pandemic Response?, Matthew M. Kavanagh, Schadrac C. Agbla, Marissa Joy, Kashish Aneja, Mara Pillinger, Alaina Case, Ngozi A. Erondu, Taavi Erkkola, Ellie Graeden

O'Neill Institute Papers

How do choices in criminal law and rights protections affect disease-fighting efforts? This long-standing question facing governments around the world is acute in the context of pandemics like HIV and COVID-19. The Global AIDS Strategy of the last 5 years sought to prevent mortality and HIV transmission in part through ensuring people living with HIV (PLHIV) knew their HIV status and could suppress the HIV virus through antiretroviral treatment. This article presents a cross-national ecological analysis of the relative success of national AIDS responses under this strategy, where laws were characterised by more or less criminalisation and with varying rights …

Tokyo 2020: A Tale Of Two Cities, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan, who was a team manager at the 2002 Busan Asian Games and 2004 Athens Olympics, discussed the Olympics Tokyo 2020 and how it showed indomitable human spirit amid the pandemic. Assoc Prof Tan also discussed and explored how Singapore can develop sustainable pathways that would enable our athletes to continue having competitive sporting careers into their late 20s and 30s.

Newsletter, Summer 2021

Newsletter

No abstract provided.

American Punishment And Pandemic, Danielle C. Jefferis

Faculty Scholarship

Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America’s prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on perpetual lockdowns since the onset of the pandemic, with family visits suspended and some facilities resorting to solitary confinement to mitigate the virus’s spread, thereby exacerbating the punitiveness and harmfulness of incarceration. With the majority of the 2.3 million people incarcerated …

Data Privacy Issues In West Virginia And Beyond: A Comprehensive Overview, Jena Martin

Consumer Law Scholarship

This white paper was commissioned by the Center for Consumer Law and Education, a joint initiative launched by West Virginia University and Marshall University to “coordinate the development of consumer law, policy, and education research to support and serve consumers.”

As such, this paper has a dual purpose. First, it provides a comprehensive overview of the many different legal issues that affect data privacy concerns (both nationally and in West Virginia). Second, it documents and discusses the result of a survey and specific focus groups that were undertaken throughout the fall of 2019 into January 2020 where individuals within the …

Environmental Law Disrupted By Covid-19, Katrina Fischer Kuh, Lissa Griffin, Rebecca Bratspies, Vanessa Casado Perez, Robin Kundis Craig, Keith Hirokawa, Sarah Krakoff, Jessica Owley, Melissa Powers, Shannon Roesler, Jonathan Rosenbloom, J.B. Ruhl, Erin Ryan, David Takacs

Elisabeth Haub School of Law Faculty Publications

For over a year, the COVID-19 pandemic and concerns about systemic racial injustice have highlighted the conflicts and opportunities currently faced by environmental law. Scientists uniformly predict that environmental degradation, notably climate change, will cause a rise in diseases, disproportionate suffering among communities already facing discrimination, and significant economic losses. In this Article, members of the Environmental Law Collaborative examine the legal system’s responses to these crises, with the goal of framing opportunities to reimagine environmental law. The Article is excerpted from their book Environmental Law, Disrupted, to be published by ELI Press later this year.

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Uga School Of Law Covid-19 Faq Webpage, May 2021, University Of Georgia School Of Law

COVID-19 Pandemic Archive

Established before classes began in the Fall of 2020, throughout the pandemic this web-based resource served as a central public location for questions and answers related to UGA School of Law's reopening, classes, visiting campus, quarantine and other health-based decisions and procedures. It was maintained and updated often by the Office of Student Affairs until it was unpublished after classes concluded in Spring 2021.

Law School News: 'Nothing Short Of Extraordinary' 05/21/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Law Library Continuing Services Webpage, May 2021, University Of Georgia Law Library

COVID-19 Pandemic Archive

This screenshot was the final version of the Law Library's COVID-19 Continuing Services webpage. First published on Friday March 13, 2020 as we prepared for our first week of building closure at the onset of the pandemic, it was the primary location of our library's facility hours, pandemic services, and closure information through Spring 2021. This version shows the way the webpage looked on the date it was unpublished May 17, 2021.

School Of Law Grad Walk & Virtual Ceremony 05/21/2021, Roger Williams University School Of Law, Michael M. Bowden, Jill Rodrigues

School of Law Commencement (1996- )

No abstract provided.

6 Ft. Together Portal, University Of Georgia School Of Law

COVID-19 Pandemic Archive

Originally launched in the Spring of 2020 as the University of Georgia School of Law pivoted to virtual instruction to close out the semester with the pandemic still ramping up, this password protected section of the My Georgia Law portal was used for internal law school faculty, staff and student communications to share resources related to COVID-19, mental wellbeing, and other general information. It included a tab of weekly announcements from Dean Peter B. Rutledge, a tab for official messages and UGA COVID related links like Dawg Check and UGA Surveillance testing, and a community hub of daily haikus, student …

Law Library Blog (May 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

On The Cusp Of The Next Medical Malpractice Insurance Crisis, Philip G. Peters Jr.

Faculty Publications

Medical malpractice claims are dwindling. Total payouts are far lower than during the 2002 crisis. Yet, insurance industry profits have been sinking for a decade and are nearly in the red. After a dozen years with a “soft” insurance market, we are now on the cusp of yet another malpractice insurance crisis.

How can profits be in peril if claims have dwindled and payouts are historically low?
Answering that question requires an understanding of the insurance cycle. The cycle periodically transforms gradual increases in costs and gradual decreases in revenue into explosive increases in premiums.

The industry’s financial statistics today …

Dean's Desk: Graduation, Student Excellence And Trailblazing Alumni, Austen L. Parrish

Austen Parrish (2014-2022)

On Saturday, May 8, the Maurer School of Law will celebrate the Class of 2021 in its annual graduation ceremony. The day before, students will have walked across the stage in their regalia and participated in a hooding ceremony as part of a formal, in-person university commencement. The pandemic is forcing us to hold the school’s individual celebration on Zoom, but many of our traditions continue. Family and friends will attend, we’ll hear from student and faculty speakers, each graduate will be honored individually, and we’ve even chosen a talented student to sing the Alma Mater.

Looking back on a …