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Author : Susan Sterett
Publisher :
ISBN 13 : 9781512824834
Total Pages : 0 pages
Book Rating : 4.8/5 (248 download)
Download or read book Litigating the Pandemic written by Susan Sterett and published by . This book was released on 2023-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Creighton Meland
Publisher :
ISBN 13 :
Total Pages : 106 pages
Book Rating : 4.5/5 (22 download)
Download or read book COVID-19 Pandemic Litigation written by Creighton Meland and published by . This book was released on 2021-06-17 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Susan Sterett
Publisher : University of Pennsylvania Press
ISBN 13 : 1512824828
Total Pages : 225 pages
Book Rating : 4.5/5 (128 download)
Download or read book Litigating the Pandemic written by Susan Sterett and published by University of Pennsylvania Press. This book was released on 2023-10-10 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Samuel L. Tarry
Publisher :
ISBN 13 : 9781641058018
Total Pages : pages
Book Rating : 4.0/5 (58 download)
Download or read book Infectious Disease Litigation written by Samuel L. Tarry and published by . This book was released on 2021-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
ISBN 13 : 9781936360499
Total Pages : pages
Book Rating : 4.3/5 (64 download)
Download or read book Helicopter Crash Litigation, Second Edition written by Gary C. Robb and published by Lawyers & Judges Publishing. This book was released on 2015-07-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Emile Aarts
Publisher : Springer Nature
ISBN 13 : 3030653552
Total Pages : 229 pages
Book Rating : 4.0/5 (36 download)
Download or read book The New Common written by Emile Aarts and published by Springer Nature. This book was released on 2021-03-19 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : César Rodríguez-Garavito
Publisher : Cambridge University Press
ISBN 13 : 1009116177
Total Pages : 431 pages
Book Rating : 4.0/5 (91 download)
Download or read book Litigating the Climate Emergency written by César Rodríguez-Garavito and published by Cambridge University Press. This book was released on 2022-11-03 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.0/5 (7 download)
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Ivano Alogna
Publisher : BRILL
ISBN 13 : 900444761X
Total Pages : 567 pages
Book Rating : 4.0/5 (44 download)
Download or read book Climate Change Litigation: Global Perspectives written by Ivano Alogna and published by BRILL. This book was released on 2021-04-26 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.
Author : Dahlia Lithwick
Publisher : Penguin
ISBN 13 : 0525561404
Total Pages : 369 pages
Book Rating : 4.5/5 (255 download)
Download or read book Lady Justice written by Dahlia Lithwick and published by Penguin. This book was released on 2023-09-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring…Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.”—New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.”—Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won After the sudden shock of Donald Trump’s victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. It was clear he and his administration were going to pursue a series of retrograde, devastating policies. What could be done? Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren’t going to stand by in the face of injustice, while Trump, Mitch McConnell, and the Republican party did everything in their power to remake the judiciary in their own conservative image. Over the next four years, the women worked tirelessly to hold the line against the most chaotic and malign presidency in living memory. There was Sally Yates, the acting attorney general of the United States, who refused to sign off on the Muslim travel ban. And Becca Heller, the founder of a refugee assistance program who brought the fight over the travel ban to the airports. And Roberta Kaplan, the famed commercial litigator, who sued the neo-Nazis in Charlottesville. And, of course, Stacey Abrams, whose efforts to protect the voting rights of millions of Georgians may well have been what won the Senate for the Democrats in 2020. These are just a handful of the stories Lithwick dramatizes in thrilling detail to tell a brand-new and deeply inspiring account of the Trump years. With unparalleled access to her subjects, she has written a luminous book, not about the villains of the Trump years, but about the heroes. And as the country confronts the news that the Supreme Court, which includes three Trump-appointed justices, will soon overturn Roe v. Wade, Lithwick shines a light on not only the major consequences of such a decision, but issues a clarion call to all who might, like the women in this book, feel the urgency to join the fight. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come, not just among lawyers and law students, but among all optimistic and hopeful Americans.
Author : Ebenezer Durojaye
Publisher : Routledge
ISBN 13 : 1317104269
Total Pages : 302 pages
Book Rating : 4.3/5 (171 download)
Download or read book Litigating the Right to Health in Africa written by Ebenezer Durojaye and published by Routledge. This book was released on 2016-03-09 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Peter J. Hotez
Publisher : JHU Press
ISBN 13 : 1421440393
Total Pages : 208 pages
Book Rating : 4.4/5 (214 download)
Download or read book Preventing the Next Pandemic written by Peter J. Hotez and published by JHU Press. This book was released on 2021-03-02 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Touching on a range of disease, from leishmaniasis, schistosomiasis, and Middle East Respiratory Syndrome (MERS) to COVID-19, Preventing the Next Pandemic has always been a timely goal, but it will be even more important in a COVID and post-COVID world.
Author : Amrita Bahri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951709
Total Pages : 270 pages
Book Rating : 4.5/5 (99 download)
Download or read book Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era written by Amrita Bahri and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Author : Catherine Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1316514137
Total Pages : 259 pages
Book Rating : 4.3/5 (165 download)
Download or read book Vanishing Contract Law written by Catherine Mitchell and published by Cambridge University Press. This book was released on 2022-09 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how, despite its past significance and influence, English contract law now faces functional and moral redundancy.
Author : Yulia Levashova
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403533714
Total Pages : 356 pages
Book Rating : 4.4/5 (35 download)
Download or read book Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World written by Yulia Levashova and published by Kluwer Law International B.V.. This book was released on 2022-05-11 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.
Author : LORI L. DESAUTELS
Publisher :
ISBN 13 : 9781948018890
Total Pages : 312 pages
Book Rating : 4.0/5 (188 download)
Download or read book Connections Over Compliance written by LORI L. DESAUTELS and published by . This book was released on 2021-01-05 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The developing brains of our children need to "feel" safe. Children who carry chronic behavioral challenges are often met with reactive and punitive practices that can potentially reactivate the developing stress response systems. This book deeply addresses the need for co-regulatory and relational touch point practices, shifting student-focused behavior management protocols to adult regulated brain and body states which are brain aligned, preventive, and relational discipline protocols. This new lens for discipline benefits all students by reaching for sustainable behavioral changes through brain state awareness rather than compliance and obedience.
