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Articles 31 - 33 of 33

Full-Text Articles in Public Interest

Nonessential Businesses And Liability Waivers In The Time Of Covid-19, Zahra Takhshid Jan 2020

Nonessential Businesses And Liability Waivers In The Time Of Covid-19, Zahra Takhshid

Sturm College of Law: Faculty Scholarship

States are gradually reopening after months of lockdown. However, the risk of exposure to the deadly COVID-19 virus still remains. While states would like to have the economy up and running, the price that small businesses may be forced to pay following possible coronavirus personal injury lawsuits may drive them out of business. Nonessential businesses, such as dine-in restaurants, will turn to waivers of liability to insulate themselves from COVID-19 related liability: an area known as assumption of risk. This essay argues that in this climate of crisis, and due to the invisible nature of the virus, waivers are an …


Constitutional Cohesion And The Right To Public Health, James G. Hodge, Daniel G. Aaron, Haley R. Auger, Ashley Cheff, Joseph Daval Jan 2019

Constitutional Cohesion And The Right To Public Health, James G. Hodge, Daniel G. Aaron, Haley R. Auger, Ashley Cheff, Joseph Daval

Utah Law Faculty Scholarship

Despite years of significant legal improvements stemming from a renaissance in public health law, Americans still face major challenges and barriers in assuring their communal health. Reversals of legal reforms coupled with maligned policies and chronic underfunding contribute to diminished public health outcomes. Underlying preventable morbidity and mortality nationally are realities of our existing constitutional infrastructure. In essence, there is no general obligation of government to protect or promote the public’s health. Under principles of “constitutional cohesion,” structural facets and rights-based principles interwoven within the Constitution protect individuals and groups from governmental vices (i.e., oppression, overreaching, tyranny, and malfeasance). Structural …


Sponsorship Of National Health Organizations By Two Major Soda Companies, Daniel G. Aaron, Michael B. Siegel Jan 2017

Sponsorship Of National Health Organizations By Two Major Soda Companies, Daniel G. Aaron, Michael B. Siegel

Utah Law Faculty Scholarship

This is the first study to systematically catalog sponsorship of national health organizations by soda companies. Because health organizations have strong voices in lawmaking and politics, it is important to understand the extent and nature of sponsorships by soda companies. This study found that the Coca-Cola Company sponsored 94 and PepsiCo sponsored 13 national health organizations. Although it seems the Coca-Cola Company may invest more than PepsiCo in sponsorships, this result is likely due to bias from increased availability of Coca-Cola sponsorship records. These records were released as part of the transparency initiative, which the Coca-Cola company started after it …