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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 : Jolene Lin
Publisher : Oxford University Press
ISBN 13 : 0192657674
Total Pages : 273 pages
Book Rating : 4.1/5 (926 download)
Download or read book Litigating Climate Change in the Global South written by Jolene Lin and published by Oxford University Press. This book was released on 2024-06-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : 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 : 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 : 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 : Peter J. Hotez
Publisher : er
ISBN 13 : 1421440385
Total Pages : 209 pages
Book Rating : 4.4/5 (214 download)
Download or read book Preventing the Next Pandemic written by Peter J. Hotez and published by er. This book was released on 2021-03-02 with total page 209 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 : Alisdair Gillespie
Publisher : Oxford University Press
ISBN 13 : 0198868995
Total Pages : 780 pages
Book Rating : 4.1/5 (988 download)
Download or read book The English Legal System written by Alisdair Gillespie and published by Oxford University Press. This book was released on 2021 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition offers an engaging guide to the English legal system which helps students new to law develop a critical legal mind. Presenting and critiquing the law in a lively style, this text invites students to question, analyse, and evaluate.
Author : C. Raj Kumar
Publisher : Springer Nature
ISBN 13 : 9811925682
Total Pages : 325 pages
Book Rating : 4.8/5 (119 download)
Download or read book Legal Education and Legal Profession During and After COVID-19 written by C. Raj Kumar and published by Springer Nature. This book was released on 2022-07-13 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume records the amazing transformations brought about by leaders in legal education and legal profession. It captures experiences and experiments in the governance of law schools and legal profession during the COVID-19 pandemic as case studies; ideas which helped in resilience and which could show the way forward; the psychological, philosophical, and sociological aspects of the transformation; and the spiritual and material sources of motivation of the leadership. The contributions are along the following themes --- The shifting idea of law school: systems and processes; The “new normal” in legal profession; Psychological, philosophical, and sociological aspects of transformation; Experiences from global regions and countries; Legal education and legal profession in a post-COVID world. Through these five themes, and the eighteen contributions, the volume seeks to answer questions like --- how the educational and professional leaders adapted to the circumstances by building a “new normal”? How and to what extent their own legal education and professional experiences informed their actions during the Pandemic? How they re-imagined ambitions and reordered systems and processes? What type of guidance and support they received from the state and regulatory bodies? How they guaranteed the well-being of students, faculty, and staff during the Pandemic and the transition? How they upheld professional values and ethics when contexts of their application collapsed?
Author : Alicia Ely Yamin
Publisher : Harvard University Press
ISBN 13 : 0986106208
Total Pages : pages
Book Rating : 4.9/5 (861 download)
Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2011-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.
