Virtual Bookshelf: January 2022- COVID Careers in the Law

From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history's answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?

For attorneys looking to work on high-profile court cases, this Vault career guide shows the way. Read online.

Modern technology offers new tools to better understand, track, and explain viral and bacterial spread in humans. In 2020, as COVID-19 overwhelmed governments and significant segments of the population and paralyzed many courts, we became painfully aware of the magnitude of risk carried around in tiny bacteria and viruses. COVID-19 has shown us that developing standards of care, treatments, and vaccines for emerging viruses and bacteria can take substantial time and resources. The rise in superbugs and drug-resistant bacteria, and the difficulty of treating these infections, have raised new questions about the balance between public health and global commerce. More than ever, practitioners need to think like scientists--following the facts and science to build a case. Like science, the law has not remained stagnant. Products, premises, and food outbreak liability law--all applicable to this type of litigation--have evolved through legislative acts, regulatory rulemaking, and the common law. This evolution has occurred parallel to the advances of science, purposeful or not.

In this classic volume, the author of the best-selling Trial Notebook, shows you how to anticipate and avoid the snares, traps, and pitfalls that litter every trial and await veteran and novice alike. Bringing together 80 of James W. McElhaney's Litigation columns from the ABA Journal, the book covers virtually every aspect of trial practice. McElhaney identifies the problems that await you and gives you clear, concrete techniques, tactics, and strategies you can start using immediately to prevent (or recover from!) them. McElhaney shows you, simply, how to conduct the best trial you are capable of conducting. In the spare, lively, memorable prose that has become a McElhaney hallmark, you get techniques and strategies grounded in actual courtroom experience, with numerous examples and anecdotes that illuminate, clarify, reveal.

This book for the law student presents an overview of different types of labor law practice from both management and union representation. An inside look at the practice of a variety of labor lawyers is provided in the work.

Bognanno and Coleman offer the most comprehensive, current, and valuable work on arbitrators and their professional practice. The contributors to this volume describe paths of career entry, compensation, demographics, market conditions facing arbitrators, and caseloads. The empirically based findings are drawn from a representative sampling of all the nation's arbitrators and afford a previously unavailable picture. The reader gains important insights into these decision makers' backgrounds, career development, arbital experiences, and aspirations.

This treatise on labor law explains the analytical structure that governs how employees form workplace organizations and bargain over the terms and conditions of employment. It covers new forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers. It is designed to complement leading labor law casebooks with analysis of the principal decisions, context, and social justice policy. It reflects decisional and other developments through August 2019.

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.

Why does the United States assign responsibility for different aspects of labor and employment law (e.g., wages and hours, safety and health, collective bargaining, discrimination, etc.) to different agencies, when France, Spain, and their former colonies assign all aspects of labor and employment law to a single agency? Does the US approach, which essentially reduces to "one inspector per law," perform better or worse than the "Latin" model, which implies "one inspector per firm?" And what are the implications for the division of labor in the public sector more generally? Root-Cause Regulation addresses these questions by comparing the evolution of labor market regulation in developed and developing countries over the course of the past century. The results speak not only to the protection of work and workers in the twenty-first century but to the organization of the public sector more generally.

This work delves into the nature of data security and privacy legal initiatives, including discussions of underlying technology. Subjects include cyberterrorism, countermeasures and risk reduction. Written by the authors and other contributing attorneys and technical professionals from across the country, Data Security and Privacy Law provides a thorough foundation for understanding data security and cyberthreat issues. Logically organized, so that you are first taught the technology of security and privacy, followed by general laws that have application to all industries, and then industry-specific legislation. Discusses federal and state security and privacy statutes, security and privacy litigation, corporate duties, and EU laws. E-treatise available through Westlaw.

We live more and more of our lives online; we rely on the internet as we work, correspond with friends and loved ones, and go through a multitude of mundane activities like paying bills, streaming videos, reading the news, and listening to music. Without thinking twice, we operate with the understanding that the data that traces these activities will not be abused now or in the future. There is an abstract idea of privacy that we invoke, and, concrete rules about our privacy that we can point to if we are pressed. Nonetheless, too often we are uneasily reminded that our privacy is not invulnerable-the data tracks we leave through our health information, the internet and social media, financial and credit information, personal relationships, and public lives make us continuously prey to identity theft, hacking, and even government surveillance. A great deal is at stake for individuals, groups, and societies if privacy is misunderstood, misdirected, or misused. Popular understanding of privacy doesn't match the heat the concept generates. With a host of cultural differences as to how privacy is understood globally and in different religions, and with ceaseless technological advancements, it is an increasingly complex topic.

Health law is constantly changing. As the industry changes, so do the issues impacting the practice. There is no health lawyer today doing the same thing that they were doing one year ago, or even six months ago. The field is exceptionally dynamic, with clients constantly bringing new issues requiring legal advice to the fore. This environment of constant change can work to the advantage of attorneys, because it is possible to develop expertise on a certain area of health law fairly quickly since it is new to everyone.

An Introduction to tort-based health care litigation in collaboration with Health Law Committee of the American Bar Association's Section of Litigation.

Can an employer refuse to hire someone who tests positive for nicotine or alcohol? Can an airline or movie theatre require overweight customers to purchase two seats? Can a health insurance company refuse to sell policies to those most in need of medical care? Can the government condition public assistance on wellness program participation or work activity? In this illuminating book, Jessica L. Roberts and Elizabeth Weeks consider these and similar questions, offering readers a nuanced analysis of when and why discrimination based on health status - or 'healthism' - should be allowed, and when it should not. They provide a methodology to distinguish desirable health-based classifications from the undesirable, and propose law and policy solutions to encourage the former and limit the latter. This work should be read by anyone concerned with how government does - and does not - regulate based on health.