Health

Another Casualty of US Withdrawal from the WHO: The Environment

Unbeknownst to many, the WHO does important work on pollution problems.

Withdrawing from international cooperation in the midst of global pandemic is an idea that’s just as bad as it sounds.  President Trump’s decision to withdraw from the WOrld Health Organization (WHO) withdrawal will also be harmful in other ways. Notably, a major component of the WHO’s work involves the health impacts of pollution and dangerous …

CONTINUE READING

What’s the Matter With Bill de Blasio?

The Progressive-Leaning Democrat has more in common with Donald Trump than you might think.

Willful bungling of the coronavirus crisis cuts across ideologies and political parties. That’s the lesson that we learn from the story of Bill de Blasio. He is very different, across many different dimensions, than Donald Trump. But it turns out that he shares something important with Trump: a tendency to place personality over expertise. De …

CONTINUE READING

Free 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, …

CONTINUE READING

International Liability for Harm: Epidemics and Pollution

What duties do countries have to avoid causing global harms?

There’s been talk lately of demanding compensation if a country’s negligence allowed a disease to spread globally. There is a long history of discussion regarding similar damage claims in international environmental law.  The same principles seem applicable to disease spread. In theory, damages should be available in both cases. The core principle of international liability …

CONTINUE READING

Do 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 READING

Debate Amid Coronavirus: Are Single-Use Plastic Bags Safer?

Legal Planet Plastic Bags

How Plastics Companies and Environmental Groups Can Help Us Find an Answer

Since the outbreak of COVID-19, concerns have grown over the safety of grocery bags. Many U.S. states—among them New York, California, Maine, Massachusetts, and Oregon—have suspended or delayed their single-use plastic bag bans in the past two months. Some places like Massachusetts, New Hampshire, and San Francisco have gone even further to temporarily ban reusable …

CONTINUE READING

Are the Coronavirus Models Too Pessimistic?

Unfortunately, if anything, reality has often turned out somewhat worse than predicted.

The White House thinks coronavirus models are too pessimistic. If anything, the evidence suggests the models aren’t pessimistic enough. Their projections of future deaths have often been too low.

CONTINUE READING

The Coronavirus and the Commerce Clause

Could Congress mandate CORVID-19 vaccinations? Not if you take some Supreme Court opinions seriously.

If we get a vaccine against a national epidemic, could Congress pass a law requiring everyone to get vaccinated?  That very question was asked during the Supreme Court argument in the 2012 constitutional challenge to Obamacare’s individual mandate.  The lawyer challenging Obamacare said “no, Congress couldn’t do that.” What’s shocking is that this may have …

CONTINUE READING

Coastal 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 …

CONTINUE READING

The 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 …

CONTINUE READING

TRENDING