The Pathology (and Politics) of Liability Shields
The COVID liability landscape has presented less of a narrative about the development of substantive torts doctrine and more a study in politics.
COVID-19
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Read more: Tort Liability is a Potentially Powerful Tool for Pandemic Response Tort Liability is a Potentially Powerful Tool for Pandemic Response
Liability exposure encourages precautions through economic incentives rather than administrative agency directives.
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Read more: California Supreme Court to Decide If Employers May Be Liable for ‘Take-Home’ COVID-19 California Supreme Court to Decide If Employers May Be Liable for ‘Take-Home’ COVID-19
Should an employer be held liable if an employee contracts COVID in the workplace and subsequently “takes it home” and infects a family member?
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Read more: COVID-19 and the Problem of Multiple Sufficient Causes COVID-19 and the Problem of Multiple Sufficient Causes
Thanks to the COVID-19 pandemic, what seemed like an antiquated doctrine to be relegated to the age of sparking trains may be steaming back into relevance.
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Read more: The Impossibility of Legal Accountability for COVID-19 Torts The Impossibility of Legal Accountability for COVID-19 Torts
Torts scholars reflect on questions surrounding whether and how entities might be held liable for the harms associated with SARS-CoV-2 infection.
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Read more: The Struggle to Survive in the Pandemic Prison The Struggle to Survive in the Pandemic Prison
The mental health strain of increased isolation, only sporadic access to showers, and a lack of programming pushed many over the edge.
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Read more: Federal Failures to Protect Incarcerated People During Public Health Crises Federal Failures to Protect Incarcerated People During Public Health Crises
For over a year prisoners were denied our most fundamental support systems.
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Read more: COVID-19 as Disability Interest Convergence? COVID-19 as Disability Interest Convergence?
During the pandemic, disability rights have been negotiable and vulnerable to sacrifice in service of the needs of able-bodied, neurotypical people.
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Read more: A Different Future Was Possible: Reflections on the US Pandemic Response A Different Future Was Possible: Reflections on the US Pandemic Response
Elements of the early U.S. pandemic response can help us remember that the limits of what is possible are perhaps wider than we think.
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Read more: Do No Harm: A Call for Decarceration in Hospitals Do No Harm: A Call for Decarceration in Hospitals
Incarcerated patients’ suffering is sanctioned by hospitals and medical professionals, despite their pledge to do no harm.
