Litigating the Pandemic
Author | : Susan Sterett |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-10-10 |
Genre | : |
ISBN | : 9781512824834 |
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Author | : Susan Sterett |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-10-10 |
Genre | : |
ISBN | : 9781512824834 |
Author | : Susan Sterett |
Publisher | : University of Pennsylvania Press |
Total Pages | : 225 |
Release | : 2023-10-10 |
Genre | : Law |
ISBN | : 1512824828 |
As officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too. Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic. Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.
Author | : Creighton Meland |
Publisher | : |
Total Pages | : 106 |
Release | : 2021-06-17 |
Genre | : |
ISBN | : |
This discourse addresses legal issues arising from the COVID-19 pandemic and will describe how pandemic litigation has affected the nondelegation doctrine, constitutional rights and statutory interpretation. Unprecedented government measures have led to many cases of first impression and this work will discuss how courts have responded. This study reaches three major conclusions: First, pandemic emergency orders should enjoy no special exemption from nondelegation scrutiny. When the judiciary fails to curb unduly broad, unintelligible delegations, this has real consequences for abuse of executive discretion now on display. Second, in constitutional rights challenges to overreaching pandemic orders, courts have scant modern-day precedent to follow. This study argues that courts should apply rational basis scrutiny to pandemic-related constitutional challenges (not otherwise entitled to strict scrutiny), but only up to a point. In these matters, courts should abandon rational basis scrutiny, and apply intermediate scrutiny, when three conditions exist: 1) data are available to evaluate pandemic emergency measures, 2) there is no identifiable and justifiable end point to the pandemic-related emergency and 3) the pandemic orders affect freedoms commonly recognized as deeply rooted in American history and traditions. Intermediate scrutiny will require the government to affirmatively produce support for pandemic orders that harm or affect large segments of society. The third conclusion finds that some courts have disregarded statutory limits to pandemic emergency powers and will argue against a default setting in favor of the government when more rigorous discernment of statutory meaning is required.
Author | : Bart Krans |
Publisher | : |
Total Pages | : 226 |
Release | : 2021-04-16 |
Genre | : |
ISBN | : 9789462362048 |
This book will become available digitally here as an Open Access resource at publication. The unforeseen Covid-19 pandemic has propelled, and continues to propel, unprecedented transformations to civil proceedings and the landscape in which they operate. Courts have proven to be creative and innovative in their responses to the pandemic, and in their ability to implement digitisation of paperwork and remote hearings. This book contains a comparative study of how courts in 23 countries have coped with the pandemic, addressing selected innovations and adaptations to court proceedings, factors facilitating and impeding the digital leap, and new concerns that new technology and the pandemic engenders. The authors discuss the implications of digitisation, such as ensuring equal access to courts, novel issues concerning fair trial rights in remote proceedings, the role of alternative dispute resolution during the pandemic, and the roots of resistance to digitisation. Several contributions also address whether and how innovations during the pandemic may transform civil litigation in the future.
Author | : I. Glenn Cohen |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2023-10-31 |
Genre | : Law |
ISBN | : 9781009265720 |
The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies the right questions to ask as we take stock of pandemic realities and provides guidance for the many stakeholders of COVID-19's legal legacy. This book is also available as Open Access on Cambridge Core.
Author | : Belinda Bennett |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : LAW |
ISBN | : 9780192650481 |
Author | : Samuel L. Tarry |
Publisher | : |
Total Pages | : |
Release | : 2021-03 |
Genre | : |
ISBN | : 9781641058018 |
"Lawyers learning to think like scientists by providing guidance for the practitioner handling any type of outbreak litigation with disputes regarding COVID-19"--
Author | : Gary C. Robb |
Publisher | : Lawyers & Judges Publishing |
Total Pages | : |
Release | : 2015-07-28 |
Genre | : Law |
ISBN | : 9781936360499 |
Helicopter Crash Litigation, Second Edition is, simply put, an essential volume for any lawyer litigating a helicopter crash case. No other book is devoted exclusively to the representation of plaintiffs in helicopter crash cases. These unique cases require a different approach and techniques, which you will learn from accomplished trial lawyer Gary Robb, who has used these same techniques in a brilliant career as a trial lawyer. This indispensable text travels through the different knowledge and skill sets critical in the successful handling of these cases, ranging from the basic elements of helicopter structure and flight, through the preliminary factual investigation, filing the case, discovery, common defenses, damages and trial. Real helicopter case examples are utilized throughout so as to give context to the suggestions and techniques discussed. The author also recommends safety improvements within the helicopter industry for preventing these accidents in the future.
Author | : Jolene Lin |
Publisher | : Oxford University Press |
Total Pages | : 273 |
Release | : 2024-06-08 |
Genre | : Law |
ISBN | : 0192657674 |
While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.
Author | : Daniel P. Kessler |
Publisher | : University of Chicago Press |
Total Pages | : 344 |
Release | : 2011-02 |
Genre | : Business & Economics |
ISBN | : 0226432181 |
The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.