University of St. Thomas, Minnesota
Seattle University School of Law
Emory University School of Law
Columbia Law School
Barry University
University of Washington School of Law
University of Michigan Law School
Villanova University Charles Widger School of Law
Brigham Young University Law School
Climate Security Insights From The Covid-19 Response,
2023
Emory University School of Law
Climate Security Insights From The Covid-19 Response, Mark Nevitt
Indiana Law Journal
The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice,
2023
Villanova University Charles Widger School of Law
What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman
Villanova Environmental Law Journal
No abstract provided.
Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law,
2023
University of Oklahoma College of Law
Necessary Necessity: Courts’ Historical Assessment Of The Condition Precedent For Martial Law, Eric Merriam
Oklahoma Law Review
No abstract provided.
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors,
2023
Emory University School of Law
The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane
Emory Bankruptcy Developments Journal
The Small Business Administration (“SBA”) has been providing disaster relief in the form of Economic Injury Disaster Loans (“EIDLs”) since its inception in 1953. In the context of the COVID-19 pandemic, the CARES Act charged the SBA with issuing forgivable loans through the Paycheck Protection Program (“PPP”) to small businesses which would otherwise face permanent closure. Though the CARES Act did not specifically grant the SBA authority to do so, the SBA interpreted its powers to include the ability to set requirements for loan approval which were not laid out in the Act itself. Specifically, the SBA promulgated a rule …
Climate Change And The Threat To U.S. Jails And Prisons,
2022
Villanova University Charles Widger School of Law
Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson
Villanova Environmental Law Journal
No abstract provided.
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp.,
2022
Villanova University Charles Widger School of Law
Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor
Villanova Environmental Law Journal
No abstract provided.
Newsletter, Fall 2022,
2022
University of Maryland Francis King Carey School of Law
Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs,
2022
University of Arkansas, Fayetteville
Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino
Journal of Food Law & Policy
If justice is to provide each person what they deserve, it seems plantain producers in Puerto Rico did not relish a just compensation for their farm losses after Hurricane Maria in 2017. The main culprit? Stale data. Farm Service Agency’s (FSA) Wildfire and Hurricanes Indemnity Program (WHIP) utilized plantain production data under the National Crop Table (NCT) 2017, which seemingly did not reflect up-to-date yield averages of Puerto Rico’s plantain farmers at the time of Hurricane Maria.
Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe,
2022
Northwestern Pritzker School of Law
Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe, Laura S. Underkuffler
Northwestern University Law Review
One of the bedrock principles of American property law is that all property owners and all property are protected equally. We do not believe—when it comes to compensation for loss—that poor owners are compensated rigidly and rich owners are not, or that property in private homes is protected rigidly and property in commercial or industrial structures is not. When it comes to compensation due to public or private fault, we believe in absolute equality. Equal treatment of property is at the heart of the liberal state and is the promise of American property law.
This Essay challenges that bedrock idea. …
American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures,
2022
University of St. Thomas, Minnesota
American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures, John Fabian Witt
University of St. Thomas Law Journal
No abstract provided.
The Dangers Of Being Disabled In The Time Of Covid,
2022
University of St. Thomas, Minneapolis
The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz
University of St. Thomas Law Journal
No abstract provided.
The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts",
2022
University of St. Thomas, Minnesota
The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts", Robin Fretwell Wilson
University of St. Thomas Law Journal
No abstract provided.
Eviction Courts,
2022
University of St. Thomas, Minnesota
Eviction Courts, Kathryn A. Sabbeth
University of St. Thomas Law Journal
No abstract provided.
Thomas Aquinas On Tyrannicide,
2022
University of St. Thomas School of Law, Minnesota
Thomas Aquinas On Tyrannicide, Dr. Charles J. Reid Jr.
University of St. Thomas Law Journal
No abstract provided.
Covid-19, Churches, And Culture Wars,
2022
University of St. Thomas, Minnesota
Covid-19, Churches, And Culture Wars, John Inazu
University of St. Thomas Law Journal
No abstract provided.
Pandemics In Indian Country: The Making Of The Tribal State,
2022
University of St. Thomas, Minnesota
Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher
University of St. Thomas Law Journal
No abstract provided.
Juvenile Protection Courts And The Pandemic: A View From Inside Out,
2022
University of St. Thomas, Minnesota
Juvenile Protection Courts And The Pandemic: A View From Inside Out, Felice Batlan
University of St. Thomas Law Journal
No abstract provided.
Housing Instability And Covid-19,
2022
University of St. Thomas, Minnesota
Housing Instability And Covid-19, Courtney Lauren Anderson
University of St. Thomas Law Journal
No abstract provided.
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic,
2022
California Western School of Law
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink
Faculty Scholarship
Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …
Pandemic Governance,
2022
University of Pennsylvania Carey Law School
Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull
Boston College Law Review
The COVID-19 pandemic created an unprecedented need for governance by a multiplicity of authorities. The nature of the pandemic—globally communicable, uncontrolled, and initially mysterious—required a coordinated response to a common problem. But the pandemic was superimposed atop our existing decentralized and uncoordinated governance structures, and the result was devastating: the United States led the world in COVID-19 infections and deaths. COVID-19’s effects have been particularly destructive for communities of color, women, and intersectional populations.
This Article makes sense of the early pandemic response by distilling a typology for the predominant intergovernmental relationships that emerged, some conflictual and some collaborative. Governments …
