Health

California’s Spiking Coronavirus Cases

Clearly, it’s not just increased testing. We have a real problem.

The number of reported COVID-19 cases in California has risen dramatically.  What’s going on, and what should be done about it? The situation has changed so rapidly that I’ve had to rewrite this story repeatedly since I began work on it last week. Early Last Week When I started work on the story a week …

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The “American family” in crisis: Colonialism, COVID-19 risk, and climate vulnerability

The fight for racial justice must include a reckoning with US imperialism.

The recent spotlight on anti-Black violence has awoken many white Americans to an uncomfortable truth: that underneath its rhetoric of equality, the United States is a fundamentally racist country. The disproportionate impact of COVID-19 on U.S. communities of color underscores this fact. The pandemic also reveals a lesser known but equally uncomfortable truth: that underneath …

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The Scourge of ERRD-16

Evident-Resistant Reasoning DIsorder can strike without warning.

A stubborn disagreement. A misguided tweet or facebook post. A lame remark. Those things can be normal behaviors. But they could be signs of something much more serious: a syndrome called Evidence-Resistant Reasoning Disorder or ERRD-16. This disorder has expanded explosively since a mutated form was introduced by a super-spreader in 2016. This super-spreader is …

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No, It’s Not Over

The threat of COVID-19 continues to loom over us.

We’re all sick of being locked down, and the economic downturn has been brutal.  There’s a palpable sense that it’s time to put the coronavirus behind us and move on.  Unfortunately, the coronavirus does not agree. People now seem used to the idea of hundreds of new coronavirus deaths a day. Yet, even 500 deaths …

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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 …

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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 …

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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, …

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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 …

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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 …

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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 …

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