July 1, 2020
In the thick of the COVID-19 pandemic, demand for vital resources has surpassed supply. Already, COVID-19 tests, protective gear, ICU beds, ventilators, experimental interventions, and healthcare personnel are scarce, and experts are anticipating limited access to any therapeutics or vaccines developed for COVID-19 in the near future. As some experts have put it, “rationing is…
June 9, 2020
The latest antitrust suit brought by college basketball and football players ended (for now) with a partial victory for the athletes. In a unanimous decision last month in Alston v. NCAA, the Ninth Circuit affirmed Judge Claudia Wilken’s finding of liability against the NCAA and upheld her remedy striking down NCAA rules prohibiting player compensation…
May 19, 2020
The current epicenters of COVID-19 in the United States are our jails and prisons, which has come as no surprise to public health experts and criminal law scholars who have predicted this entirely predictable tragedy for months now. Until recently, Cook County Jail, in Chicago, had the largest number of cases in a single location….
May 14, 2020
The fight for civil rights in the United States has historically focused on equal access to physical spaces: schools, workplaces, lunch counters, hotels, voting booths. This emphasis is understandable, because these were the places where people learned, worked, socialized, and voted. Civil rights activists made clear that people who are excluded from, or exploited in,…
April 20, 2020
Introduction In our earlier post, we described how the legal bases for countries’ coronavirus responses typically fall into three broad categories. First, some countries have declared a state of emergency under their constitutions, which allow them to take special measures, including restrictions of civil liberties, for the duration of the emergency. Second, some countries have…
April 17, 2020
Introduction The fight against COVID-19 has led many countries, including liberal democracies, to take extraordinary measures that would undoubtedly be constitutionally problematic in normal times. Around the world, we have witnessed entire countries being locked-down, with mass surveillance of cellphones, suspended religious services, restricted travel, and military-enforced curfews. While these measures are widely supported by…
Anthony Michael Kreis is a visiting assistant professor at Chicago-Kent College of Law and will join the law faculty at Georgia State College of Law Fall 2020. Professor Kreis joined the…
Danielle C. Jefferis is the Clinical Teaching Fellow in the Civil Rights Clinic at the University of Denver College of Law. Her scholarship, teaching, and practice focus on prison and…
James Salzman is the Donald Bren Distinguished Professor of Environmental Law with joint appointments at the UCLA School of Law and at the School of the Environment at UC Santa…
