Administrative and Environmental Law Practice Seminar
LSU Law Center – Professor Richards 2020

Seminar Topics

Return to Class Blog

#1: What are the various legal implications of Governor’s Executive Orders as an effort to control the pandemic? (mask mandates, stay at home orders, closing businesses)

Resources:

-         Georgia:

o   The Governor of Georgia, Brian Kemp, seeking to block Atlanta’s mask mandate in court. Complaint for Declaratory and Injunctive Relief.

o   Bluestein, Greg, Redmon, Jeremy, Kemp’s ban of mask mandates puts Georgia on collision course with its cities (July 16, 2020). Atlanta News Now.

o   Governor Brian P. Kemp Office of the Governor, 2020 Executive Orders.

-         Louisiana:

o   Attorney General Jeff Landry comes out against Governor John Bel Edward’s latest Executive Order imposing state-wide mask mandates and restrictions on certain businesses. Landry claims the order is unconstitutional and unenforceable. He says this despite commentary from many trusted legal analysts saying this order is perfectly constitutional.

§  Baptiste, Tiffany, Gremillion, Nick, and Duhe, Lester, AG Landry calls statewide mask mandate, bar restrictions unconstitutional; Gov. Edwards says ‘put politics aside” (July 15, 2020). WAFB.

§  Sentell, Will, Jeff Landry’s opinion on face masks might be dangerous for businesses, John Bel Edwards says (July 17, 2020). The Advocate.

-         Michigan:

o   Governor Whitmer mandates that gyms remain closed even though other businesses are allowed to begin reopening.

§  Reindl, JC, Defiant gym owners staying open, refuse to obey Whitmer’s order (July 1, 2020). Detroit Free Press.

-         Wisconsin:

o   The Wisconsin Supreme Court struck down the “Safer at Home” emergency order (requiring all nonessential businesses remain close and classifying all nonessential travel as unlawful) because it did not comply with Wisconsin administrative procedure.

§  Wisconsin Legislature v. Secretary-Designee Andrea Palm (Wisconsin Supreme Court, May 13, 2020.)

#2: What are the legal implications of the conflict between Governor’s Executive Orders and the wishes of local municipalities in controlling the pandemic?

Resources:

-         Mississippi:

o   Governor Reeves’ Order with confusing directives to local municipalities surrounding their ability to enact local pandemic-controlling actions.

§  Woodall, Hunter, Mississippi Governor Creating ‘Mass Confusion and Panic’ Amid Pandemic (March 27, 2020). The Daily Beast.

-         Texas: Governor Greg Abbott is refusing to allow local officials to implement mandatory mask orders.

o   Woodall, Hunter, Texas Governor Is ‘Putting Loves at Risk,’ Local Official Say (July 7, 2020). The Daily Beast.

-         Georgia: Governor Kemp is suing Atlanta over their attempt to pass a mandatory mask order. Complaint for Declaratory and Injunctive Relief.

-         Nebraska:

o   Silverstein, Jason, Nebraska governor threatens to withhold coronavirus relief funds from counties that require masks (June 19, 2020). CBS News.

-         California: Elon Musk sues Alamada County for violating the 14th Amendment and overstepping the bounds of the state-wide order.

o   Novet, Jordan, Tesla files complaint in federal court claiming ‘no rational basis’ for factory shutdown (May 9, 2020). CNBC.

#3: What are the implications of shutting down churches during a pandemic? How does this violate 1st Amendment freedom of religion, if at all?

Resources:

-         Supreme Court decision not to reopen churches during the pandemic. Split 5-4. South Bay United Pentecostal Church v. Newsom held that states have some power to regulate how many people are allowed to gather in churches during a pandemic.

o   Millhiser, Ian, Why 4 justices on the Supreme Court voted to reopen churches in the pandemic (May 30, 2020). Vox.

Also see: Calvary Chapel Dayton Valley v Sisolak, with strong dissents to upholding the order.

-         Legacy Church Inc. v. Kunkel: District court held a church failed to demonstrate that the 1st Amendment’s free exercise clause and right to freedom of assembly were violated by the New Mexico Department of Health’s emergency order limiting mass gatherings.

-         Soos v. Cuomo: District court granted a preliminary injunction prohibiting the state from limiting the plaintiff’s indoor worship beyond the limitations imposed on businesses in Phase Two of New York’s reopening plan.

-         A good background case on regulating churches: Employment Division v. Smith

-         Freedom of Religion vs. Emergency Government Powers

o   Dahl, Richard, What Are the Legal Ramifications for Churches That Ignore Social Distancing Orders? (April 13, 2020). FindLaw.

o   Bean, Tanner, Smith, Brian, and Wilson, Robin, Defiant Congregations in a Pandemic: Public Safety Precedes Religious Rights (March 2020). Canopy Forum.

-         Why places of worship are more susceptible to COVID-19 spread:

o   Breen, Kerry, Why are places of worship so susceptible to COVID-19 outbreaks? (July 30, 2020). Today.

-         State powers vs. fundamental rights – good discussion of 1st Amendment issues and gives examples of current cases

o   Jenkins, Sarah, State Powers Vs. Fundamental Rights During COVID-19 (June 15, 2020). Law360.

#4: What is the accuracy of individual, private businesses’ claims that they do not have to ask their customers why they are not wearing a mask?

Resources:

-         Legal issues surrounding whether medical exemptions can get you out of wearing a mask

o   Buchanan Pitrelli, Monica, Don’t want to wear a mask on your next flight? That just got a lot harder (July 23, 2020). CNBC.

-         The legality of the popular sign going viral on Facebook about individual business owners not being allowed to inquire as to why a customer is not wearing a mask because it violates the 4th Amendment, 5th Amendment, and HIPAA.

o   Caldera, Camille, Fact check: No mask? You can ask why – it isn’t against HIPAA or Fourth or Fifth Amendments (July 19, 2020). USA Today.

-         US Department of Health and Human Services – General information about HIPAA

-         Americans with Disabilities Act & masks

o   The ADA is clear that an accommodation cannot post a risk of injury to others. How should businesses and others deal with claims that the ADA allows people to opt out of masks and prevents asking why?

§  General info on the ADA (from the US Department of Justice Civil Rights Division).

§  “The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.”

·        Department of Justice, The Department of Justice Warns of Inaccurate Flyers and Postings Regarding the Use of Face Masks and the Americans with Disabilities Act (June 30, 2020).

·        Switzer, Ellice, Strobel Gower, Wendy, Disabilities, Face Masks, and the ADA (July 2, 2020). Cornell University.

§  Guidance from the EEOC which clarifies how businesses can follow public health measures while still accommodating disabled employees.

·        US EEOC, Coronavirus and COVID-19.

o   Section 504 of the Rehabilitation Act of 1973 + ADA -- 504 is a predecessor of the ADA that applies to schools. How do the two determine mask usage and other issues with COVID for schools?

§  National Association of the Deaf, Section 504 and ADA Obligations and Public Schools (2020).

§  US EEOC, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (Updated June 17, 2020).

§  North Carolina Division of Medicaid Health Benefits, Special Bulletin COVID-19 #83: Title II Americans with Disabilities Act (ADA) and Section 504 Rehabilitation Act (RA) Protections during the COVID-19 Pandemic (May 6, 2020).

-         Pletcher v. Giant Eagle – PA law suit involving 30 consolidated claims that a grocery store’s mask requirement, regardless of a shopper’s underlying condition, is unlawful. Also available on Westlaw.

#5: What are the legal implications of mandatory vaccinations?

Resources:

-         Employers have a duty to provide a safe workplace for employees. This could lend itself to COVID-19 vaccination requirements for employees to return to work. However, many Americans have health-related or religious-related objections to vaccines. What is the legality of requiring vaccination?

o   Donovan, Joan, Vaccines stop diseases safely – why all the suspicion? (July 22, 2020). Nature.

-         California has a messy history with trying to mandate vaccinations.

o   Chen. Elaine, Anti-vaccine protesters disrupt California Assembly committee hearing with loud chants (August 30, 2019). The Sacramento Bee.

-         Protest in Sacramento, California about vaccines.

o   Bogel-Burroughs, Nicholas, Antivaccination Activists Are Growing Force at Virus Protests (May 4, 2020). The New York Times.

-         State powers vs. fundamental rights during COVID-19 (good intro about Jacobson vs. Massachusetts and mandatory vaccinations, in addition to a broader discussion.)

o   Jenkins, Sarah, State Powers vs. Fundamental Rights During COVID-19 (June 15, 2020). Law360.

-         History mandatory vaccines: Jacobson v. Massachusetts, 197 U.S. 11 (1905) – court mandated compulsory small pox vaccination. Also available on Westlaw.

-         General information about vaccines – COVID vaccine tracker and information about the vaccine approval process.

o   Corum, Jonathan, Grady, Denise, Wee, Sui-Lee, and Simmer, Carl, Coronavirus Vaccine Tracker (Updated Daily). The New York Times.

#6: What are the potential liability issues surrounding reopening schools?

Resources:

-         K-12 liability

o   Trump is encouraging all schools to open, while the Director of the CDC is saying some hot spots should get exceptions from reopening school.

§  Meckler, Laura and Weiner, Rachel, CDC director concedes schools in ‘hot spots’ face tougher call on reopening (July 24, 2020). The Washington Post.

o   Comparing opening schools during the 1918 flu pandemic vs. a century later

§  Torres, Ella, 3 cities kept schools open during the 1918 pandemic. Experts say 2020 is different (July 26, 2020). ABC News.

-         A coalition of organizations representing public schools penned a letter to Congress asking them to pass a bill granting public schools temporary relief from liability related to COVID-19.

o   AASA, The School Superintendents Association, Association of Educational Service Agencies, and National School Boards Association, Targeted Liability Coverage During COVID-19 Pandemic (July 8, 2020).

-         Tennessee passes state level version of this:

o   Stockyard, Sam, Senate passes COVID liability protection for businesses, schools (June 17, 2020). Daily Memphian.

-         CDC guidelines on reopening schools:

o   CDC, Operating Schools During COVID-19 (May 19, 2020).

o   CDC, Preparing for a Safe Return to School (August 1, 2020).

-         Florida’s Education Commissioner ordered all K-12 schools to open 5 days a week.

o   State of Florida Department of Education, Emergency Order in re: Waiving Strict Adherence to the Florida Education Code, as specified herein, Pursuant to Executive Order Number 20-52, Made Necessary by the COVID-18 Public Health Emergency (July 6, 2020).

-         Waivers as a possible way for schools to avoid liability:

o   Modan, Naaz, COVID-19 language in waivers for extracurriculars heighten reopening safety concerns (July 16, 2020). Education Dive.

o   Anderson, Greta, Colleges Seek Waivers From Risk-Taking Students (August 3, 2020). Inside Higher Ed.

-         Discussion about reopening private schools

o   Romero, Simon, McDonnell Nieto del Rio, Guilia, and Mazzei, Patricia, If Public Schools Are Closed, Should Private Schools Have to Follow? (August 5, 2020). The New York Times.

#7: What is the criteria for defining a business as an “essential business?” How do certain constitutional rights, like the 2nd Amendment, play a role in this analysis?

Resources:

-         What is the legal basis for “essential” vs. “non-essential”?

o   Dahl, Richard, What Legally Qualifies as an Essential Business? (April 13, 2020). FindLaw.

-         State by state break down of what is an essential business

o   Hutzler, Alexandra, What is an Essential Business? A State-by-State Roundup of What’s Staying Open (April 1, 2020). Newsweek.

-         Trump’s Executive Order to keep meat packing plants open under the Defense Production Act

o   Telford, Taylor, Kindy, Kimberly, and Bogage, Jacob, Trump orders meat plants to stay open in pandemic (April 29, 2020). The Washington Post.

-         Trump states that gun retailers are essential

o   Srakocic, Keith, Official Debate Whether Gun Stores Are ‘Essential” During Coronavirus Outbreak (March 27, 2020). NPR.

o   Pane, Lisa Marie, Trump administration rules gun shops ‘essential’ amid virus (March 30, 2020). ABC News.

-         Florida Governor Ron DeSantis includes theme parks and sporting events – such as WWE – essential businesses.

o   State of Florida, Division of Emergency Management, Re: Additions of Essential Sevices to the list under E-20-91 (April 9, 2020).

-         Hartman v. Acton – owner of a bridal shop in Ohio sought relief in the form of a temporary stay of the governor’s order closing all non-essential businesses. Took issue with her bridal shop not being an essential business. Also available on Westlaw.

#8: What are the legal implications of the conflict between Governor’s Executive Orders and the wishes of the federal government in controlling the pandemic?

Resources:

-         Bill Barr’s statement “Balancing Public Safety with the Preservation of Civil Rights.”

o   Attorney General William P. Barr’s memo: Balancing Public Safety with the Preservation of Civil Rights (April 27, 2020). The Washington Post.

-         Conflict between state and local governments in a rush to reopen during the COVID-19 pandemic (including a good federalism discussion)

o   Hodge, James, Federal vs. State Powers in Rush to Reopen Amid Coronavirus Pandemic (April 27, 2020). Just Security.

-         Federalism meets the COVID-19 pandemic

o   Duff-Bornw, Beth, Federalism Meets the COVID-19 Pandemic: Thinking Globally, Acting Locally (April 6, 2020). Stanford Law School Blog.

o   Cockerham, Alexandra, and Crew, Robert, The COVID-19 pandemic shows the power and limits of American federalism (April 3, 2020). United States Politics and Policy.

#9: How has the nature of the governor’s emergency powers in Louisiana has changed and evolved over time? How does this perspective affect the powers we see in effect today?

This is an important topic. If you choose to write on this topic, we will work with the library and others with expertise to help you research the history behind this question.

Resources:

-         Old cases:

o   Morgan’s Steamship Co. v. Louisiana Board of Health (1886) – holding that the state can charge quarantine and inspection fees at ports.

o   Compagnie Francaise de Navigation a Vapeur v. Board of Health of State of Louisiana (1902) – holding that states can exclude persons from a locale to prevent the spread of disease.

#10: What are the legal issues at the intersection of voting rights and the pandemic?

Resources:

-         In In re Texas, the Supreme Court of Texas held COVID-19 immunity did not qualify as a “physical condition” that would entitle a voter to qualify to vote-by-mail under the “disability” category of the state’s election code.

-         Overview of Trump’s potential ability to influence or postpone the 2020 election

o   https://www.justsecurity.org/69996/the-looming-crisis-of-emergency-powers-and-holding-the-2020-presidential-election/

-         Trump suggests delaying the election

o   Medish, Mark and McClery, Joel, The Looming Crisis of Emergency Powers and Holding the 2020 Presidential Election (May 4, 2020). Just Security.

o   Jackson, David, Garrison, Joey, and Fritze, John, Trump floats delaying election over mail-in voting, legal experts say the power rests with Congress (July 30, 2020). USA Today.

-         Trump’s various claims about mail-in ballots

o   Parks, Miles, FACT CHECK: Trump Spreads Unfounded Claims About Voting by Mail (June 22, 2020). NPR.

-         President Trump suing Nevada over mail-in ballots

o   Scanlan, Quinn, Trump campaign, RNC sue Nevada over plan to mail ballots to registers voters for November election (August 5, 2020). ABC News.

-         Information on voting by mail and whether it leads to more voter fraud

o   West, Darrell, How does vote-by-mail work and does it increase election fraud? (June 22, 2020). Brookings Institute.

-         What could go wrong on election day?

o   Voting By Mail Will Increase Dramatically This Year – And It Could Get Messy (July 22, 2020). NPR.

o   Slow Mail, Misinformation, And The Pandemic: What Could Go Wrong On Election Day 2020, (July 31, 2020). NPR.

#11: What are the legal issues surrounding the right to travel during the pandemic?

Resources:

-         CDC guidelines about travelling during the pandemic

o   CDC, Quarantine and Isolation, Legal Authorities.

o   CDC, Travel During COVID-19.

-         Bailey’s Campground Incorporated v. Mills case involving right to travel into Maine during the COVID-19 pandemic.

-         Article discussing whether Governors can close their borders as a response to the pandemic

o   Thaler, Jeff, Can Governors Close Their Borders to Pandemic Risks? (April 20, 2020). Just Security.

-         NYC set up quarantine check points for travelers from COVID-19 hot spots

o   Altaffer, Mary, NYC Setting Up Quarantine Checkpoints For Travelers From COVID-19 Hot Spots (August 5, 2020). NPR.

-         List of travel restrictions by state with linked sources

o   Marples, Megan, COVID-19 travel restrictions state by state (August 12, 2020). CNN.

-         COVID-19 and travel bans – who is blocked from entering the US?

o   https://www.nolo.com/legal-encyclopedia/coronavirus-travel-ban-who-is-blocked-from-entering-the-u-s.html

-         McGehee v. City of Flagstaff – man sues for his right to “wander about without any specific purpose”. Also available on Westlaw.

#12: What are the legal issues surrounding immigration and the pandemic?

Resources:

-         US Citizenship and Immigration Services official response to COVID-19

o   U.S. Citizenship and Immigration Services, USCIS Response to COVID-19.

-         Official ICE guidance on COVID-19 (includes the number of confirmed cases and deaths in detention due to COVID-19.)

o   U.S. Citizenship and Immigration Services, ICE Guidance on COVID-19.

-         A lot of information about immigration procedures branching off from this page

o   Navigating the U.S. Immigration System During Coronavirus Outbreak. NOLO.

-         Insight into the Trump administration’s family detention policy during COVID-19 and before.

o   Narea, Nicole, The Trump administration’s choice for immigrant families in detention: Separate or risk COVID-19 (July 29, 2020). Vox.

-         Numerous sources on the intersection of immigration policy and COVID-19

o   Immigration and COVID-19 (Originally published March 26, updates August 6.) New American Economy Research Fund.

-         A list of effects COVID-19 has had on immigration courts

o   Immigration Courts and COVID-19 (May 12, 2020). Pacific Council on International Policy.

-         Trump signs an Executive Order limiting certain kinds of work visas.

o   Samuels, Brett, Trump signs executive order suspending certain work visas through 2020 (June 22, 2020). The Hill.

-         Trump administration policy on international student visas.

o   Jordan, Miriam and Hartocollis, Anemona, U.S. Rescinds Plan to Strip Visas from International Students in Online Classes (July 14, 2020). The New York Times.

-         Trump administration suspending entry of certain immigrants during the COVID-19 pandemic.

o   Proclamation – Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (March 11, 2020). White House.

#13: What are the legal issues related to court closures?

Resources:

-         50 State Tracker COVID-19 response:

o   How Every State’s Legal System is Responding to COVID-19 (Updated August 7, 2020). NOLO.

-         DOJ seeks a new emergency power to detain people regardless of their access to the courts during an emergency

o   Woodruff Swan, Betsy, DOJ seeks new emergency powers amid coronavirus pandemic (March 21, 2020). Politico.

-         US Courts homepage addressing court procedure during the pandemic

o   Judiciary Preparedness for Coronavirus (COVID-19) (March 12, 2020). United States Courts.

-         Courts suspend jury trial in response to COVID-19

o   Courts Suspend Jury Trials in Response to Coronavirus (March 26, 2020). United States Courts.

-         Judiciary authorizes video/audio access during COVID-19 pandemic

o   Judiciary Authorizes Video/Audio Access During COVID-19 Pandemic (March 31, 2020). United States Courts.

-         How COVID-19 impacts criminal cases (good discussion of rights and procedure)

o   Pirius, Rebecca, How Is the Coronavirus (COVID-19) Impacting Criminal Cases? NOLO.

#14: What are the legal issues surrounding prisons/jails and the pandemic?

Resources:

-         Official number of inmates and prison employees testing positive for COVID-19

o   Federal Bureau of Prisons, COVID-19.

-         Bureau of Prisons’ “action plan” for COVID-19

o   Federal Bureau of Prisons, Federal Bureau of Prisons COVID-19 Action Plan (March 13, 2020).

-         Impact of COVID-19 outbreak on jails:

o   Pirius, Rebecca, Impact of Coronavirus Outbreak on Jails. NOLO.

-         Impact of COVID-19 outbreak on prisons:

o   Pirius, Rebecca, Impact of Coronavirus on Prisons. NOLO.

-         Recommendations from the CDC on prisons/jails during COVID-19

o   CDC, Guidance for Correctional & Detention Facilities (Updated July 22, 2020).

-         Anecdotal article from advocates and inmates on impact of COVID-19

o   Reznick, Alisa, Advocates plead with Arizona to release vulnerable inmates amid COVID-19 (April 29, 2020). Arizona Public Media.

-         Explanation of why prisons and jails are susceptible to community spread

o   Wetsman, Nicole, Prisons and jails are vulnerable to COVID-19 outbreaks (March 7, 2020). The Verge.

o   Lockwood, Beatrix, Experts discuss how COVID-19 spreads through prisons to nearby communities (July 29, 2020). Reuters.

#15: What are the legal implications of Medicaid and due process during the pandemic?

Resources:

-         Medicaid and Due Process During the COVID-19 Pandemic

o   Somers, Sarah, Medicaid and Due Process During the COVID-19 Pandemic (April 10, 2020). National Health Law Program.

-         Various resources about the Medicaid during the pandemic

o   Coronavirus Disease 2019 (COVID-19), Medicaid.

-         Medicaid and COVID-19: At the Center of Both Health and Economic Crises

o   Allen, Heidi and Sommers, Benjamin, Medicaid and COVID-19, At the Center of Both Health and Economic Crises (June 11, 2020). JAMA Network.

#16: What is the legality of abortion bans (as “non-essential medical procedures”) during the pandemic?

Resources:

-         Robinson v. Marshall – deals with an Alabama ban on abortion during the pandemic. Also available on Westlaw.

-         Pre-term Cleveland v. Attorney General of Ohio – deals with Ohio ban on abortion during the pandemic. Also available on Westlaw.

-         Adams & Boyle v. Slattery – deals with Tennessee ban on abortion during the pandemic. Also available on Westlaw.

-         In re Abbott – deals with a Texas ban on abortion during the pandemic. Available on Westlaw.

-         State powers vs. fundamental rights – good discussion on abortion bans during the pandemic

o   Jenkins, Sarah, State Powers vs. Fundamental Rights During COVID-19 (June 15, 2020). Law360.

-         Abortion access during COVID-19: state by state

o   Carter, Dennis, Abortion Access During COVID-19, State by State (April 14, 2020). Rewire News.

-         Some perspective and information about abortion access during the pandemic and states banning abortion

o   1A Across America: Abortion Bans During the Pandemic (April 23, 2020). NPR.

#17: What are the legal issues related to the workplace and the pandemic from the worker’s perspective?

Resources:

-         Employers have to provide a safe workplace with policies that protect all employers equally

o   United States Department of Labor, COVID-19 Standards.

-         Employee paid leave/COVID-19 fact sheet

o   United States Department of Labor, Families First Coronavirus Response Act: Employee Paid Leave Rights.

-         CDC’s guide for businesses and employers responding to COVID-19

o   CDC, Guidance for Businesses & Employers (May 6, 2020).

-         FAQ about employee’s rights during the pandemic on Law360

o   LaGarde, Matthew and Wheeler, Carolyn, Addressing COVID-19 Employee Rights Questions (March 23, 2020). Law360.

-         Whether forcing employees to sign an affidavit daily stating that they do not have any COVID-19 symptoms is legal?

o   Appiah, Kwame Anthony, Can My Boss Make Me Promise I Don’t Have COVID-19 Symptoms? (July 28, 2020). The New York Times.

-         Interview about the intersection of workers rights and the pandemic

o   Mineo, Liz, How COVID turned a spotlight on weak worker rights (June 23, 2020). The Harvard Gazette.

-         Note: some of the sources from topic 18 and 19 could be relevant.

#18: What are the legal issues related to the workplace and the application of the ADA and federal employment law?

Resources:

-         EEOC’s guidance on COVID-19 for employers:

o   US EEOC, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (June 17, 2020).

-         The ADA at Work – Considerations for COVID-19 (a webinar)

o   The ADA at Work: Considerations for COVID-19 (April 3, 2020). Employer Assistance and Resource Network on Disability Inclusion (EARN).

-         American Diabetes Association – information about worker’s rights under the ADA

o   American Diabetes Association, Know Your Rights: COVID-19.

-         Information on COVID-19 and the ADA

o   Switzer, Ellice and Strobel Gower, Wendy, COVID-19 and the ADA (April 8, 2020). Cornell Law Blog.

-         Note: some of the sources from topic 17 and 19 could be relevant

#19: What are is the potential liability (i.e. workers comp and tort issues) related to the workplace and the pandemic for employers?

Resources:

-         Potential bill in front of the Senate that would indemnify employers from liability related to COVID-19

o   Epps, Daniel and Glover, Maria, McConnell’s “Liability Shield” Is a Weapon Aimed at COVID-19 Victims (August 6, 2020). Washington Monthly.

-         Can employers make employees sign a liability waiver before coming back to work?

o   Morra, Michael, Can My Employer Ask Me to Sign a COVID-19 Waiver? NOLO.

-         Template liability waiver form: COVID-19 Liability Waiver.

-         Discussion of the effectiveness of COVID-19 liability waivers

o   Mamaysky, Issac and Papadopoulos, Mark, Role for COVID-19 Liability Waivers in Employment is Limited (May 19, 2020). Law360.

-         Returning to Work: COVID-19, Worker’s Compensation, and Employee/Consultants’ Waivers

o   Marnin, Tal, Moore, Charles, Stewart, DeVoia, and Shelburne, Peter, Returning to Work: COVID-19, Workers’ Compensation, and Employee/Consultant Waivers (August 10, 2020).

-         Note: some of the sources from topic 18 and 19 could be relevant

#20: What is the legal authority of state and local health officers? How does this legal authority compare to the authority given to health officials in other countries?

Resources:

-         Fact Sheet on public health legal authorities to collect, use, share, and protect information

o   Public Health and Information Sharing Toolkit, Association of State and Territorial Health Officials.

-         Legal and Ethical Consideration for a Modern Quarantine

o   Rothstein, Mark, From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine (June 2015). – see under Section IV: Legal Authority

-         Attacks on public health officials during the COVID-19 pandemic

o   Mello, Michelle, Greene, Jeremy, and Sharfstein, Joshua, Attacks on Public Health Officials During COVID-19 (August 5, 2020). JAMA Network.

#21: What is the effect of COVID-19 on contracts and other business obligations? (Ex: failure to perform, etc.)

Resources:

-         Does COVID-19 make contracts unenforceable? It depends.

o   Valori, Peter and Levine, Morgan, Does COVID-19 Make Contracts Unenforceable? It Depends (April 8, 2020).

o   Deutsch, Jeremy, COVID-19 and Contracts Under Pressure (March 23, 2020).

-         Can you cancel a contract due to COVID-19?

o   Kealy, Dwight, Can You Cancel a Contract Due to Coronavirus (COVID-19)? (March 31, 2020). Concord Law School.

-         Breaking contracts due to coronavirus: can you argue it’s an act of god?

o   Schwartz, Andrew, Breaking contracts over coronavirus: Can you argue it’s an ‘act of God’? (March 31, 2020). The Conversation.

-         Companies are asking EPA for extensions due to virus

o   Lee, Stephen and Saiyid, Amena, Companies Asking EPA for ‘Act of God’ Extension Due to Virus (March 20, 2020). Bloomberg Law.

#22: Are COVID costs for businesses and other commercial enterprises such as colleges and schools covered under existing business interruption insurance? What are pandemic exclusions? Is this an act of God?

Resources:

-         Background on Act of God   

o   Lazarus, David, Column: How did God make it into millions of consumer contracts? (December 24, 2019). Los Angeles Times.

-         Breaking contracts due to coronavirus: can you argue it’s an act of god?

o   Schwartz, Andrew, Breaking contracts over coronavirus: Can you argue it’s an ‘act of God’? (March 31, 2020). The Conversation.

-         Businesses thought they were covered for the pandemic but insurers are denying coverage.

o   Williams Walsh, Mary, Businesses Thought They Were Covered for the Pandemic. Insurers Say No.  (August 5, 2020). The New York Times.

-         Coronavirus will cost businesses billions. Insurance may not help.

o   Williams Walsh, Mary, Coronavirus Will Cost Businesses Billions. Insurance May Not Help. (March 5, 2020). The New York Times.

-         Oceana Grill – a restaurant in the French Quarter in New Orleans – suing for business interruption insurance.

o   Oceana Grill v. Louisiana

-         How COVID-19 is changing insurance for schools

o   Wells, Andrea, How COVID-19 is Changing Insurance for Schools (June 1, 2020). Insurance Journal.

-         COVID-19: Insurance Policy Considerations for Higher Education Institutions

o   Sampson Bishop, Lindsay, Blessington, John, Branthoover, Carolyn, Creta, Michael, and Wright, Steven, COVID-19: Insurance Policy Considerations for Higher Education Institutions (March 26, 2020). JD Supra.

Court finds that government ordered COVID closing satisfies “direct physical injury” trigger for business interruption insurance.

#23: What is the effect of COVID-19 on liability protection?  What are the pros and cons of protecting businesses and others against liability? Are waivers of liability effective? What about statutory protections? What have states done, including LA? What are the proposals before Congress? Are there existing liability protections that might be useful?

Resources:

-         How insurers can return to physical workplaces and reimagine the future

o   Majknowski, Ed and Steadman, Tony, How insurers can return to physical workplaces and reimagine the future (August 7, 2020).

-         The Safe to Work Act – Currently in front of the US Senate as a federal waiver of liability.

o   Safe to Work Act

o   Millhiser, Ian, The GOP’s radical plan to shield business from COVID-19 lawsuits, explained (July 29, 2020). Vox.

-         State versions of liability protection laws.

o   Gleason, Patrick, Covid Liability Protection Enacted In Nine States, With Tennessee Set To Be Number 10 (August 13, 2020). Forbes.

o   Blei, Nicholas, What State Laws On COVID-19 Liability Protection Look Like (June 8, 2020). Law360.

-         Waivers as a possible way for schools to avoid liability:

o   Modan, Naaz, COVID-19 language in waivers for extracurriculars heighten reopening safety concerns (July 16, 2020). Education Dive.

o   Anderson, Greta, Colleges Seek Waivers From Risk-Taking Students (August 3, 2020). Inside Higher Ed.

-         Can employers make employees sign a liability waiver before coming back to work?

o   Morra, Michael, Can My Employer Ask Me to Sign a COVID-19 Waiver? NOLO.

-         Template liability waiver form: COVID-19 Liability Waiver.

-         Discussion of the effectiveness of COVID-19 liability waivers

o   Mamaysky, Issac and Papadopoulos, Mark, Role for COVID-19 Liability Waivers in Employment is Limited (May 19, 2020). Law360.

-         Returning to Work: COVID-19, Worker’s Compensation, and Employee/Consultants’ Waivers

o   Marnin, Tal, Moore, Charles, Stewart, DeVoia, and Shelburne, Peter, Returning to Work: COVID-19, Workers’ Compensation, and Employee/Consultant Waivers (August 10, 2020).

#24: What are the legal issues surrounding COVID-19 and nursing homes?

Resources:

-         CDC official guidance: Preparing for COVID-19 in Nursing Homes

o   CDC, Nursing Homes & Long-Term Care Facilities (Updated June 25, 2020).

-         COVID-19 Nursing Home Data

o   Centers for Medicare and Medicaid Services, COVID-19 Nursing Home Data (Updated Weekly).

o   The New York Times, More Than 40% of U.S. Coronavirus Deaths Are Linked to Nursing Homes (July 30, 2020).

o   Paulin, Emily, How to Track COVID-19 Nursing Home Cases and Deaths in Your State (June 11, 2020). AARP.

o   Louisiana: WAFB, COVID-19 cases at La. Nursing homes (March 23, 2020).  

-         Anticipating COVID-19 Legal Issues Nursing Homes May Face

o   Darrell, Eden, Novacheck, Mary, and Bullard, Jennifer, Anticipating COVID-19 Legal Issues Nursing Homes May Face (May 7, 2020). Law 360.

-         What to do if your loved one’s nursing home has a COVID-19 Case?

o   Paulin, Emily, What to Do if Your Loved One’s Nursing Home Has a COVID-19 Case (June 26, 2020). AARP.

-         Multiple States Take Steps to Shield Nursing Homes from Liability Amid COVID-19

o   Flynn, Maggie, Multiple States Take Steps to Shield Nursing Homes from Liability Amid COVID-19 – But Rules Vary (April 19, 2020). Skilled Nursing News.