Disaster Law
Too Many Americans Think the Worst is Over
Alas, that light at the end of the tunnel is still very far away from us.
World War I lasted four years, with millions of deaths. At the start, however, many people thought the war would be quick and easy. “Home by Christmas,” was what they said about their troops. A frightening number of Americans now have similar illusions about the coronavirus pandemic. According to a CNN poll a released Tuesday, …
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CONTINUE READINGFree to Be Negligent?
Proposed Tort Liability Protection for Businesses
Sen. Mitch McConnell is demanding that any future coronavirus relief law provide a litigation shield for businesses, and other conservative/business interests have made similar proposals. So far, the supporters of these proposals have engaged in some dramatic handwaving but haven’t begun to make a reasoned argument in support of a litigation shield. In this post, …
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CONTINUE READINGDo Epidemic-Based Business Closures by Government Trigger an Unconstitutional “Taking”?
Longstanding U.S. Supreme Court Precedents Indicate the Answer is an Unequivocal “No”
Lately, an increasing number of public and private voices have been raised in opposition to business closures ordered by state and local governments in response to the COVID-19 epidemic. In many such cases, that opposition has taken the form of lawsuits filed by business owners, claiming a violation of their constitutional rights. Gun shops across …
CONTINUE READINGCoastal Beaches, Public Access & the Pandemic
Important Legal & Policy Considerations in Closing Beaches to Protect Public Health
As part of America’s steadily growing restiveness over state and local shelter-in-place directives, the issue of government-mandated public beach closures has recently emerged as a particularly contentious issue. It’s especially prominent now, given that many coastal states are experiencing their first heat waves of 2020. Many Americans are increasingly weary of and angry over public …
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CONTINUE READINGThe World Leader Who is Far Worse Than Trump
Take everything Trump did wrong about the virus. Then square it. That’s Bolsonaro.
Yes, Trump made huge mistakes in the coronavirus outbreak. But no, he’s not the worst world leader in this respect. That prize currently goes to Brazil’s Jair Bolsonaro. Like Trump, he’s a rightwing populist leader. He’s even been called “the Trump of the Tropics.” But he’s far more unmoored. When asked about Brazil’s record number …
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CONTINUE READINGConservatives versus Lockdowns
Conservatives versus Lockdowns
Spurred on by conservative groups, protesters are demanding that their states go back to business as usual. This sentiment isn’t limited to the kinds of hotheads who insist on congregating in public during an epidemic, or even to conservatives like Betsy DeVos who help to fund these groups and promote their protests. It also includes …
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CONTINUE READINGIn Support of Public Health Federalism
Reactionary State Responses to COVID-19 (and Other Threats to Public Health) Don’t Mean Federalism Is For Suckers
For decades, “states’ rights” has been a rallying cry of the right wing. Most Americans are familiar with the dynamics that required the federalization of civil rights law, both in the 1860s and again in the 1960s, the protection of much of our nation’s federal lands, and the national crises that necessitated the federal government …
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CONTINUE READINGWe’re Spending Trillions to Support Businesses. What About Coronavirus Victims?
Discussion of this issue is just beginning, but there’s a strong case for compensation.
The deaths of coronavirus victims are an ominous statistic that people watch anxiously. Many of those victims have left behind spouses, children, or grandchildren who were dependent on them. While we are spending trillions to help businesses impacted by the coronavirus, so far we are doing nothing for surviving families. We need to start seriously …
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CONTINUE READINGInslee v. De Blasio: Coronavirus Responses, Good and Bad
As it turns out, telling New Yorkers not to worry about the virus was a really bad idea.
The state of Washington seems to be a model of success in dealing with the coronavirus. What can we learn from that experience? And how did Washington’s approach differ from that of another hotspot with about the same population, New York City? Let’s begin by taking a look at how the situation developed in Washington. …
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CONTINUE READINGResponses to COVID-19 : An International Comparison.
What can we learn from other countries’ efforts to control the virus?
Countries around the world have taken different pathways in responding to coronavirus. We can learn from their experiences– sometimes what to avoid, sometimes what we might do in the next phase of disease response. We should be starting to get a sense of what works, although a lot of rigorous study will be necessary to …
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