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Articles 601 - 630 of 1241

Full-Text Articles in Constitutional Law

Governmental Public Health Powers During The Covid-19 Pandemic: Stay-At-Home Orders, Business Closures, And Travel Restrictions, Lawrence O. Gostin, Lindsay F. Wiley Apr 2020

Governmental Public Health Powers During The Covid-19 Pandemic: Stay-At-Home Orders, Business Closures, And Travel Restrictions, Lawrence O. Gostin, Lindsay F. Wiley

Georgetown Law Faculty Publications and Other Works

The president and all 50 governors have declared health emergencies to combat the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes coronavirus disease 2019 (COVID-19). While researchers race for vaccines, officials are implementing physical distancing, including orders to stay at home, restrict travel, and close non-essential businesses. To limit cross-border spread, a few states have issued mandatory quarantines for interstate travelers. Models suggest physical distancing would have to persist for 3 months to mitigate peak impacts on health systems and could continue on an intermittent basis for 12-18 months. What legal powers do governments have? What is …


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs Apr 2020

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …


Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence Apr 2020

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review (2017-Present)

No abstract provided.


Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi Apr 2020

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.


State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah Apr 2020

State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah

Dickinson Law Review (2017-Present)

In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …


The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey Apr 2020

The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey

Dickinson Law Review (2017-Present)

It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …


Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens Apr 2020

Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens

Dickinson Law Review (2017-Present)

In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …


May Hospitals Withhold Ventilators From Covid-19 Patients With Pre-Existing Disabilities? Notes On The Law And Ethics Of Disability-Based Medical Rationing, Samuel R. Bagenstos Mar 2020

May Hospitals Withhold Ventilators From Covid-19 Patients With Pre-Existing Disabilities? Notes On The Law And Ethics Of Disability-Based Medical Rationing, Samuel R. Bagenstos

Law & Economics Working Papers

Thanks to the coronavirus pandemic, the threat of medical rationing is now clear and present. Hospitals faced with a crush of patients must now seriously confront questions of how to allocate scarce resources—notably life-saving ventilators—at a time of severe shortage. In their protocols for addressing this situation, hospitals and state agencies often employ explicitly disability-based distinctions. For example, Alabama’s crisis standards of care provide that “people with severe or profound intellectual disability ‘are unlikely candidates for ventilator support.’” This essay, written as this crisis unfolds, argues that disability-based distinctions like these violate the law. The Americans with Disabilities Act, the …


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King Mar 2020

State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King

Sustainable Development Law & Policy

No abstract provided.


The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess Mar 2020

The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess

Sustainable Development Law & Policy

No abstract provided.


An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret Mar 2020

An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret

Sustainable Development Law & Policy

No abstract provided.


Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman Mar 2020

Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman

Sustainable Development Law & Policy

No abstract provided.


The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer Mar 2020

The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Brianna Delduca, Hannah Gardenswartz Mar 2020

Editor's Note, Brianna Delduca, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri Mar 2020

How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri

Sustainable Development Law & Policy

No abstract provided.


Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez Mar 2020

Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez

Sustainable Development Law & Policy

No abstract provided.


Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie Mar 2020

Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie

Sustainable Development Law & Policy

No abstract provided.


Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen Mar 2020

Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen

Sustainable Development Law & Policy

No abstract provided.


Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson Mar 2020

Jam V. Ifc: One Step Forward, Two Steps Back?, Nicholas Johnson

Sustainable Development Law & Policy

No abstract provided.


Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret Mar 2020

Can The Expansion Of 45q Effectively Spur Investment In Carbon Capture?, Shannon Zaret

Sustainable Development Law & Policy

No abstract provided.


No Take Backs: Presidential Authority And Public Land Withdrawls, Christian Termyn Mar 2020

No Take Backs: Presidential Authority And Public Land Withdrawls, Christian Termyn

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Nicole Waxman, Elizabeth Platt Mar 2020

Editor's Note, Nicole Waxman, Elizabeth Platt

Sustainable Development Law & Policy

No abstract provided.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska Mar 2020

Ban On Plastic Microbeads: Too Narrow, Or Just Narrow Enough?, Liz Michalowska

Sustainable Development Law & Policy

No abstract provided.


Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom Mar 2020

Real Property Sublessors Escape Cercla Owner Liability In The Second Circuit, Alison Shlom

Sustainable Development Law & Policy

No abstract provided.


Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley Mar 2020

Using Artificial Intelligence To Improve Data Accuracy Of Air Pollutants Under The Clean Air Act, Lauren Palley

Sustainable Development Law & Policy

No abstract provided.


Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz Mar 2020

Can Courts Stop Citizens From Prosecuting Criminal Cases Under The Clean Water Act?, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.


A Pattern Of Ruling Against Mother Nature: Wildlife Species Cases Decided By Justice Kavanaugh, William J. Snape Iii Mar 2020

A Pattern Of Ruling Against Mother Nature: Wildlife Species Cases Decided By Justice Kavanaugh, William J. Snape Iii

Sustainable Development Law & Policy

No abstract provided.