Litigating The Pandemic

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Litigating the Pandemic

Author : Susan Sterett
Publisher : Unknown
Page : 0 pages
File Size : 46,6 Mb
Release : 2023-10-10
Category : Electronic
ISBN : 1512824836

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Litigating the Pandemic by Susan Sterett Pdf

Litigating the Pandemic

Author : Susan Sterett
Publisher : University of Pennsylvania Press
Page : 225 pages
File Size : 41,6 Mb
Release : 2023-10-10
Category : Law
ISBN : 9781512824827

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Litigating the Pandemic by Susan Sterett Pdf

As officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too. Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic. Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.

Infectious Disease Litigation

Author : Samuel L. Tarry,Davis M. Walsh
Publisher : Unknown
Page : 128 pages
File Size : 52,8 Mb
Release : 2021-03
Category : Electronic
ISBN : 1641058013

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Infectious Disease Litigation by Samuel L. Tarry,Davis M. Walsh Pdf

"Lawyers learning to think like scientists by providing guidance for the practitioner handling any type of outbreak litigation with disputes regarding COVID-19"--

Litigating Climate Change in the Global South

Author : Jolene Lin,Jacqueline Peel
Publisher : Oxford University Press
Page : 273 pages
File Size : 41,8 Mb
Release : 2024-06-08
Category : Law
ISBN : 9780192657671

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Litigating Climate Change in the Global South by Jolene Lin,Jacqueline Peel Pdf

While climate change litigation in developed countries of the 'Global North' is a well-studied phenomenon (from its distinctive characteristics and the contribution it is making, to the implementation of international climate laws like the Paris Agreement), relatively few studies focus on climate case law emerging elsewhere. Litigating Climate Change in the Global South sheds light on emerging and accelerating climate litigation in developing countries across the three regions of Africa, Latin America and the Caribbean, and Asia and the Pacific. It is the first monograph-length work to provide a comprehensive assessment of this jurisprudence. Amid growing scholarly and policy interest in climate change litigation and its impact on international climate governance, the book examines which Global South countries are seeing climate cases, what is driving these trends, the coalitions of actors involved, and the early impacts this litigation is having on global goals of climate mitigation and adaptation.

The New Common

Author : Emile Aarts,Hein Fleuren,Margriet Sitskoorn,Ton Wilthagen
Publisher : Springer Nature
Page : 229 pages
File Size : 52,9 Mb
Release : 2021-03-19
Category : Business & Economics
ISBN : 9783030653552

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The New Common by Emile Aarts,Hein Fleuren,Margriet Sitskoorn,Ton Wilthagen Pdf

This open access book presents the scientific views of some fifty experts on how they believe the COVID-19 pandemic is currently affecting society, and how it will continue to do so in the years to come. Using the concept of a “common” (in the sense of common values, common places, common goods, and common sense), they elaborate on the transition from an Old Common to a New Common. In carefully crafted chapters, the authors address expected shifts in major fields like health, education, finance, business, work, and citizenship, applying concepts from law, psychology, economics, sociology, religious studies, and computer science to do so. Many of the authors anticipate an acceleration of the digital transformation in the forthcoming years, but at the same time, they argue that a successful shift to a new common can only be achieved by re-evaluating life on our planet, strengthening resilience at an individual level, and assuming more responsibility at a societal level.

Litigating the Right to Health in Africa

Author : Ebenezer Durojaye
Publisher : Routledge
Page : 302 pages
File Size : 51,9 Mb
Release : 2016-03-09
Category : Medical
ISBN : 9781317104261

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Litigating the Right to Health in Africa by Ebenezer Durojaye Pdf

Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right. With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies. This book will be valuable reading to scholars, researchers, policymakers, activists and students interested in the right to health.

Litigating the Climate Emergency

Author : César Rodríguez-Garavito
Publisher : Cambridge University Press
Page : 431 pages
File Size : 43,9 Mb
Release : 2022-11-03
Category : Political Science
ISBN : 9781009116176

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Litigating the Climate Emergency by César Rodríguez-Garavito Pdf

As the climate emergency intensifies, rights-based climate cases – litigation that is based on human rights law – are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.

Helicopter Crash Litigation, Second Edition

Author : Gary C. Robb
Publisher : Lawyers & Judges Publishing
Page : 128 pages
File Size : 51,6 Mb
Release : 2015-07-28
Category : Law
ISBN : 1936360497

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Helicopter Crash Litigation, Second Edition by Gary C. Robb Pdf

Helicopter Crash Litigation, Second Edition is, simply put, an essential volume for any lawyer litigating a helicopter crash case. No other book is devoted exclusively to the representation of plaintiffs in helicopter crash cases. These unique cases require a different approach and techniques, which you will learn from accomplished trial lawyer Gary Robb, who has used these same techniques in a brilliant career as a trial lawyer. This indispensable text travels through the different knowledge and skill sets critical in the successful handling of these cases, ranging from the basic elements of helicopter structure and flight, through the preliminary factual investigation, filing the case, discovery, common defenses, damages and trial. Real helicopter case examples are utilized throughout so as to give context to the suggestions and techniques discussed. The author also recommends safety improvements within the helicopter industry for preventing these accidents in the future.

Litigating Health Rights

Author : Alicia Ely Yamin
Publisher : Harvard University Press
Page : 128 pages
File Size : 47,5 Mb
Release : 2011-09-12
Category : Law
ISBN : 9780986106200

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Litigating Health Rights by Alicia Ely Yamin Pdf

This book examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It asks who benefits both directly and indirectly—and what the overall impacts on health equity are. Included are case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia.

Litigating Judicial Selection

Author : Herbert M. Kritzer
Publisher : Cambridge University Press
Page : 303 pages
File Size : 43,9 Mb
Release : 2024-03-31
Category : Law
ISBN : 9781009425445

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Litigating Judicial Selection by Herbert M. Kritzer Pdf

The first examination of judicial selection litigation in the United States and beyond. Analyzes over 2,000 cases and presents patterns of litigation over time and across states. A unique study of the interaction of litigation and politics in the US throughout the entire history of the country.

Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era

Author : Amrita Bahri,Weihuan Zhou,Daria Boklan
Publisher : Bloomsbury Publishing
Page : 270 pages
File Size : 54,9 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509951703

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Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era by Amrita Bahri,Weihuan Zhou,Daria Boklan Pdf

This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.

Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World

Author : Yulia Levashova,Pascale Accaoui Lorfing
Publisher : Kluwer Law International B.V.
Page : 356 pages
File Size : 40,9 Mb
Release : 2022-05-11
Category : Law
ISBN : 9789403533711

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Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World by Yulia Levashova,Pascale Accaoui Lorfing Pdf

The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor protection mechanisms tackles such aspects of the debate as the following as affected by the pandemic: treatment of investors in times of pandemic and in the post-pandemic world; sufficient contribution to the economic development of the host State; disparities in bargaining power; and use of ‘pandemic power’ to accord preferential treatment. The final part of the book is dedicated to analysing case studies from around the world in the context of the pandemic and investor-State disputes. Understanding the way public health emergencies can shape international investment law is key to building a sustainable, stable investment environment. As the first detailed study of the post-pandemic development of investment law, this matchless collection takes a giant step toward reconciling the interests of foreign investors and sovereign States at various stages of economic development. With practical recommendations for both States and investors, it will be of immeasurable assistance to practitioners, policymakers, and academics in anticipating and dealing not only with COVID-related measures but also with similar future contingencies.

International Law and Domestic Human Rights Litigation in Africa

Author : Magnus Killander
Publisher : PULP
Page : 261 pages
File Size : 42,7 Mb
Release : 2010
Category : Human rights
ISBN : 9780986985720

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International Law and Domestic Human Rights Litigation in Africa by Magnus Killander Pdf

"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.

Frontline Workers and Women as Warriors in the Covid-19 Pandemic

Author : R. C. Sobti,Vipin Sobti
Publisher : Taylor & Francis
Page : 341 pages
File Size : 50,8 Mb
Release : 2022-09-29
Category : Health & Fitness
ISBN : 9781000687026

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Frontline Workers and Women as Warriors in the Covid-19 Pandemic by R. C. Sobti,Vipin Sobti Pdf

The Covid-19 Pandemic disrupted lives across borders and created unprecedented pressures on the health and medical infrastructure. Frontline workers were at the forefront in handling efforts to curb its devastating effects on people’s lives. This volume looks at various challenges frontline workers and women, working tirelessly both in the privacy of homes as well as professionals in public spaces faced and their immense contribution to managing the pandemic. It examines the psychosocial and health implications the pandemic and its fallout has had on the professions and personal lives of healthcare workers, sanitary workers, police, teachers, household helps, sex workers, volunteers among others. Analysing the vulnerabilities and the adaptability of nursing personnel, doctors and administrators, it also offers suggestions for rebooting healthcare systems and for putting in place support-systems to mitigate the adverse gendered impacts of the lockdowns and the spread of the disease. Comprehensive and insightful, with essays from experts in different fields, this book will be of interest to students and researchers of public health, healthcare management, gender studies, public policy making, sociology, economics.

Can rights cure? The impact of human rights litigation on South Africa's health system

Author : Marius Pieterse
Publisher : PULP
Page : 198 pages
File Size : 51,6 Mb
Release : 2014-08-01
Category : Civil rights
ISBN : 9781920538279

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Can rights cure? The impact of human rights litigation on South Africa's health system by Marius Pieterse Pdf

Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.