Law and Legal
Angelos, Claudia; Berman, Sara; Lu Bilek, Mary; Chomsky, Carol M.; Curcio, Andrea Anne; Griggs, Marsha; Howarth, Joan W.; Kaufman, Eileen R.; Jones Merritt, Deborah; Salkin, Patricia; and Wegner, Judith W., “The Bar Exam and the COVID-19 Pandemic: The Need for Immediate Action” (2020). Scholarly Works. 1284. https://scholars.law.unlv.edu/facpub/1284
“The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high. In this brief policy paper, we outline six licensing options for jurisdictions to consider for the Class of 2020. Circumstances will vary from jurisdiction to jurisdiction, but we hope that these options will help courts and regulators make this complex decision. These are unprecedented times: We must work together to ensure we do not leave the talented members of Class of 2020 on the sidelines when we need every qualified professional on the field to keep our justice system moving.”
CRS Report – National Emergency Powers, Elaine Halchin, Specialist in American National Government, Updated March 23, 2020: “The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority.
The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President’s declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report. On three occasions, Presidents have activated Title 10, Section 2808, of the United States Code (10 U.S.C. §2808)—one of the standby authorities available to a President when he declares a national emergency or subsequently issues a related executive order or proclamation. Upon being activated, Section 2808 is notable for permitting, under certain conditions, the use of military construction (MILCON) funds for a declared national emergency. Most recently, President Donald J. Trump invoked Section 2808 upon declaring an emergency involving the southern border of the United States. Congressional efforts to terminate the emergency were unsuccessful.”
EveryCRSReport.com – Congressional Staff: Duties, Qualifications, and Skills Identified by Members of Congress for Selected Positions, R. Eric Petersen, Specialist in American National Government, March 10, 2020: “The roles, duties, and activities of congressional staff are matters of ongoing interest to Members of Congress, congressional staff, and observers of Congress. Members of the House and Senate establish their own employment policies and practices for their personal offices. It is arguably the case that within Member offices, a common group of activities is executed for which staff are necessary. Accordingly, a group of job advertisements for those positions from a number of different offices can shed light on the expectations Members have for position duties, as well as staff skills, characteristics, experience, and other expectations. This report provides a set of 39 widely expected job duties, applicant skills, characteristics, prior experiences, and other expectations based on a sample of ads placed by Members of Congress between approximately December 2014 and September 2019 seeking staff in their offices for 33 position titles…”
Via LLRX – Pete Recommends Weekly highlights on cyber security issues March 22, 2020 – Privacy and security issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and security, often without our situational awareness. Four highlights from this week: Critics see Trump health data rules as boon for big tech; Scammers use robocalls to falsely offer free coronavirus test kits and low-priced health insurance; Letter Carriers Say the Postal Service Pressured Them to Deliver Mail Despite Coronavirus Symptoms; The Coronavirus Crisis Is Showing Us How to Live Online; and How coronavirus COVID-19 is accelerating the future of work.
Politico: “The Justice Department has quietly asked Congress for the ability to ask chief judges to detain people indefinitely without trial during emergencies — part of a push for new powers that comes as the novel coronavirus spreads throughout the United States. Documents reviewed by POLITICO detail the department’s requests to lawmakers on a host of topics, including the statute of limitations, asylum and the way court hearings are conducted. POLITICO also reviewed and previously reported on documents seeking the authority to extend deadlines on merger reviews and prosecutions. A Justice Department spokesperson declined to comment on the documents. The move has tapped into a broader fear among civil liberties advocates and Donald Trump’s critics — that the president will use a moment of crisis to push for controversial policy changes. Already, he has cited the pandemic as a reason for heightening border restrictions and restricting asylum claims. He has also pushed for further tax cuts as the economy withers, arguing it would soften the financial blow to Americans. And even without policy changes, Trump has vast emergency powers that he could deploy right now to try to slow the coronavirus outbreak…”
What the Next 18 Months Can Look Like, if Leaders Buy Us Time, Tomas Pueyo, Medium: “Strong coronavirus measures today should only last a few weeks, there shouldn’t be a big peak of infections afterwards, and it can all be done for a reasonable cost to society, saving millions of lives along the way. If we don’t take these measures, tens of millions will be infected, many will die, along with anybody else that requires intensive care, because the healthcare system will have collapsed.
Within a week, countries around the world have gone from: “This coronavirus thing is not a big deal” to declaring the state of emergency. Yet many countries are still not doing much. Why? Every country is asking the same question: How should we respond? The answer is not obvious to them. Some countries, like France, Spain or Philippines, have since ordered heavy lockdowns. Others, like the US, UK, or Switzerland, have dragged their feet, hesitantly venturing into social distancing measures. Here’s what we’re going to cover today, again with lots of charts, data and models with plenty of sources…”