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Oral Argument
Episode 39: The Ayn Rand Nightmare
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Description
It’s our ebola episode. You know, I think that’s description enough.
This show’s links:
Fazal Khan’s
profile
and his
writing
Our U.S. News rankings episode,
Heart of Darkness
More on the debate about state courts’ following federal circuit courts (relevant to the gay marriage rulings) that arose during our episodes
with Michael Dorf
and
with Steve Vladeck
: (1) a
post by Michael Dorf
, (2) a
post by Steve Vladeck
, and (3) a
post by Christian Turner
About
Ebola virus diseased
and about
Ebola in the United States
The CDC’s
information page on Ebola transmission
and
Review of Human-to-Human Transmission of Ebola Virus
Michael Dorf,
Is There Any Risk of Ebola Transmission from an Asymptomatic Person?
EM Leroy et al.,
Human Asymptomatic Ebola Infection and Strong Inflammatory Response
Gostin, Hodge, and Burris,
Is the United States Prepared for Ebola
Tavernise, Shear, and Cooper (for the NY Times),
Seeking Unity, U.S. Revises Ebola Monitoring Rules
Laura Donohue,
Biodefense and Constitutional Constraints
(an excellent history of US and UK quarantine law)
Josh Hicks,
A Brief History of Quarantines in the United States
(a very short timeline in the Washington Post) and Peter Tyson,
A Short History of Quarantine
(a more detailed and global timeline)
Jacobson v. Massachusetts
; see also James Colgrove and Ronald Bayer,
Manifold Restraints: Liberty, Public Health, and the Legacy of
Jacobson v Massachusetts
Tara Ragone,
State Quarantines: Balancing Public Health with Liberty Interests
(a very helpful blog post discussing issues and authorities relevant to the Kaci Hickox case)
Jared Cole (for the Congressional Research Service),
Federal and State Quarantine and Isolation Authority
Gostin, Burris, and Lazzarini,
The Law and the Public's Health: A Study of Infectious Disease Law in the United States
About
Philadelphia’s Yellow Fever epidemic of 1793
The text of the
Public Health Service Act
(containing the authority for federal quarantine and isolation)
Jew Ho v. Williamson
Norimitsu Onishi (for the NY Times),
Quarantine for Ebola Lifted in Liberia Slum
Michael Dorf,
Containing Ebola: Quarantine and the Constitution
Arjun Jaikumar,
Red Flags in Quarantine: The Questionable Constitutionality of Federal Quarantine After
NFIB v. Sebelius
Mark Rothstein,
From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine
Morgan’s Steamship Co. v. Louisiana Board of Health
(upholding the constitutionality of state quarantine)
CDC,
Interim U.S. Guidance for Monitoring and Movement of Persons with Potential Ebola Virus Exposure
See section 604 of the
The Model State Emergency Health Powers Act
Fazal Khan,
Ensuring Government Accountability During Public Health Emergencies
City of Newark v. J.S.
(analyzing the Due Process and statutory rights of a “non-compliant,” TB-infected, homeless man)
Greene v. Edwards
(awarding a state writ of habeas corpus in a TB isolation case)
About
the 2007 tuberculosis scare
caused by the travel of Andrew Speaker
Fidler, Gostin, and Markel,
Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics
(also discussing the Andrew Speaker incident)
Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of Health
Wendy Parmet,
AIDS and Quarantine: The Revival of an Archaic Doctrine
(interesting, among other reasons, for the fact it was written in 1985 in the midst of the relative early days of the AIDS crisis)
City of New York v. New Saint Mark’s Baths
Randy Shilts,
And the Band Played On
About the
John Warner National Defense Authorization Act
of 2007, the
Posse Comitatus Act
, and the
Pandemic and All-Hazards Preparedness Reauthorization Act of 2013
Mathews v. Eldridge
(and, yes, there are only three factors)
Daniel Markovits,
Quarantines and Distributive Justice
Helene Cooper and Michael Shear,
Joint Chiefs Chairman Urges 21-Day Quarantine for Troops Working in Ebola Zone
Special Guest: Fazal Khan.
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