Litigating The Pandemic
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Litigating The Pandemic
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Author : Susan Sterett
language : en
Publisher:
Release Date : 2023-10-10
Litigating The Pandemic written by Susan Sterett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-10 with categories.
Covid 19 Pandemic Litigation
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Author : Creighton Meland
language : en
Publisher:
Release Date : 2021-06-17
Covid 19 Pandemic Litigation written by Creighton Meland and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-17 with categories.
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.
Infectious Disease Litigation
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Author : Samuel L. Tarry
language : en
Publisher:
Release Date : 2021-03
Infectious Disease Litigation written by Samuel L. Tarry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03 with categories.
"Lawyers learning to think like scientists by providing guidance for the practitioner handling any type of outbreak litigation with disputes regarding COVID-19"--
Litigating The Pandemic
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Author : Susan Sterett
language : en
Publisher: University of Pennsylvania Press
Release Date : 2023-10-10
Litigating The Pandemic written by Susan Sterett and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-10 with Law categories.
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.
The New Common
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Author : Emile Aarts
language : en
Publisher: Springer Nature
Release Date : 2021-03-19
The New Common written by Emile Aarts and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-19 with Business & Economics categories.
This open access book presents the scientific views of some fifty experts on how they believe the COVID-19 pandemic is currently affecting society, and how it will continue to do so in the years to come. Using the concept of a “common” (in the sense of common values, common places, common goods, and common sense), they elaborate on the transition from an Old Common to a New Common. In carefully crafted chapters, the authors address expected shifts in major fields like health, education, finance, business, work, and citizenship, applying concepts from law, psychology, economics, sociology, religious studies, and computer science to do so. Many of the authors anticipate an acceleration of the digital transformation in the forthcoming years, but at the same time, they argue that a successful shift to a new common can only be achieved by re-evaluating life on our planet, strengthening resilience at an individual level, and assuming more responsibility at a societal level.
Evidence And The Litigation Process
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Author : Jeffrey Pinsler
language : en
Publisher:
Release Date : 2020
Evidence And The Litigation Process written by Jeffrey Pinsler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Evidence (Law) categories.
Litigating The Right To Health In Africa
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Author : Ebenezer Durojaye
language : en
Publisher: Routledge
Release Date : 2016-03-09
Litigating The Right To Health In Africa written by Ebenezer Durojaye and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Medical categories.
Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.
Litigating The Climate Emergency
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Author : César Rodríguez-Garavito
language : en
Publisher: Cambridge University Press
Release Date : 2022-11-03
Litigating The Climate Emergency written by César Rodríguez-Garavito and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Political Science categories.
As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.
Courts Politics And Constitutional Law
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Author : Martin Belov
language : en
Publisher: Routledge
Release Date : 2019-10-16
Courts Politics And Constitutional Law written by Martin Belov and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-16 with Law categories.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Helicopter Crash Litigation Second Edition
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Author : Gary C. Robb
language : en
Publisher: Lawyers & Judges Publishing
Release Date : 2015-07-28
Helicopter Crash Litigation Second Edition written by Gary C. Robb and has been published by Lawyers & Judges Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-28 with Law categories.
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.