556 research outputs found
Sort by
Floridians\u27 Right to Choose or Refuse Vaccinations
Full text linkEvery state must strike the right balance between an individual\u27s freedom to make medical choices and the state\u27s role in protecting the public health and the welfare of its people. Florida, by and through its Constitution, has afforded heightened protections for individual self-determination over medical treatment decisions and evaluates infringement of these private medical rights with strict scrutiny. This article is about legal rights for adults to obtain or refuse vaccines and for parents to decide the timing or administration of any vaccine or group of vaccines proposed for their school-aged, preschool, newborn, or unborn children.
I argue that States have an obligation to their people to strive for herd immunity from contagious viruses. However, I urge using voluntary measures to encourage vaccination when such measures can be protective of public health. I also argue that the protections of the Florida Constitution regarding individual liberties and privacy could be emulated by other states to elevate state actions involving forced medical procedures from the rational basis test to a heightened level of scrutiny (strict scrutiny).
In short, this article is about freedom to choose what medical treatments are put into your body or your children\u27s bodies. In the face of potential new vaccine mandates, understanding the scope of a person\u27s freedom to choose whether to take one or more COVID-19 vaccines, or any vaccine, is important both as a matter of individual liberty and privacy, and as an important public health concern
COVID-“14-17”: A Case for Florida Teens to Choose the COVID Vaccine Without Requiring Parental Consent
Full text linkThe novel COVID-19 pandemic has created a huge disruption to almost everyone, forcing many individuals to adapt to entirely new ways of life. In the United States, COVID safety protocols and restrictions, such as mask and vaccine mandates, have been met with huge political polarization and resistance.[1] Even as COVID variants have kept infections in a perpetual cycle of rising and falling, Florida has lifted mask mandates for businesses and schools, and its governor has been one of the largest vocal opponents to requiring vaccines for school attendance.[2] Furthermore, with the passing of Florida’s Parental Consent for Health Care Services Law, any minors who wish to make the individual choice to get vaccinated against the virus must obtain the written consent of at least one parent.[3] The statutes create a huge barrier for kids who are eligible and want to get vaccinated against COVID, but whose parents are hesitant or unwilling to provide consent.
This note advocates for teens to choose the vaccine for themselves without requiring parental consent, as teens possess the competency to make their own health care decisions. Additionally, this article provides a statutory solution, which balances a minor’s desire to get vaccinated and a parent’s right to the care, custody, and control of their child. However, considering the unlikelihood of Florida’s current legislature to pass an exception to the Parental Consent for Health Care Services Law, this note also explores a teen’s ability to receive the vaccine through injunctive relief via the state’s parens patriae authority.
[1] See generally Political and Medical Trust Issues: Expert Panel Debates Why Some Americans Doubt the COVID Vaccine, Vanderbilt Univ. (Aug 20, 2021, 9:46 AM), https://news.vanderbilt.edu/2021/08/20/political-and-medical-trust-issues-expert-panel-debates-why-some-americans-doubt-the-covid-vaccine/; see also, e.g.,‘It\u27s Just Freedom of Speech\u27: Hundreds of Maskless Protesters Flood A1A, Discrediting Science Behind Face Coverings, NBC Miami (April 10, 2021, updated April 10, 2021, 10:57 PM), https://www.nbcmiami.com/ news/local/its-just-freedom-of-speech-hundreds-of-maskless-protesters-flood-a1a-discrediting-science-behind-face-coverings/ 2425604/.
[2] See Sharon Bernstein, Florida Bans Strict Vaccine Mandates in Schools and Businesses, Reuters (Nov. 18, 2021, 5:39 PM), https://www.reuters.com/legal/government/florida-bans-strict-vaccine-mandates-schools-businesses-2021-11-18/.
[3] Fla. Stat. Ann. § 1014.06 (West 2021)
Congress Invests in a New Generation: The Future of Commercial Fishing is Supported by the Implementation of the Young Fishermen’s Development Act
Full text linkThis note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of the barriers young fishermen and women face when entering the industry. Finally, two areas of case law, from Alaska and Massachusetts, are included to show how related, positive outcomes could result from the mission set forth by the Act
“PROTECTING THE SUPERFLUOUS…TO PRESERVE THE NECESSARY”: WHOSE IS THE POWER? THE CASE OF THE CURSING CHEERLEADER: MAHANOY AREA SCHOOL DISTRICT V. B.L.
Full text linkThis article explores the free speech rights of students in the public school setting while off-campus in the recently decided Supreme Court of the United States case of Mahanoy Area School District v. B.L. It examines the history of school discipline from the American colonial period to the present, and briefly explores the First Amendment doctrine regarding content regulation. Next, it reviews the line of Supreme Court decisions from Tinker onwards regarding students’ First Amendment rights in the public school setting and then studies decisions from circuit courts. It then considers the various rules proposed by all of the litigants before the Court, including the acting Solicitor General in Mahanoy. It selects the most feasible rule and applies itto the facts of the case
PROVING THE NEGATIVE: FLORIDA\u27S STAND YOUR GROUND LAW AND THE BURDEN OF PROOF
Full text linkSelf-defense and Stand Your Ground laws are controversial subjects in today’s world. On one side, some argue that these laws protect our Second Amendment right to bear arms, protect ourselves, and our loved ones without fear of criminal prosecution. On the other hand, opponents argue that Stand Your Ground laws encourage evermore violent acts and vigilantism. In the center is the controversy of applying the law. From the people who are disproportionately charged and tried to those that avoid prosecution, this country has become a heightened example of the problems with the current state of self-defense. From Zimmerman to the McMichaels, Stand Your Ground cases remain a polarizing issue in this country.
Stand Your Ground laws are instrumental in protecting the justified killer against prosecution, but a 2017 change to the immunity procedure presents a novel dilemma for prosecutors. As Stand Your Ground laws have become the majority view in this country, opponents have proposed alternatives, and activist groups have advocated for the abolition of self-defense immunity in the wake of an increase in gun violence. This article proposes a different solution, one that avoids the necessity of two full trials, better protects the innocent defendant, and brings self-defense claims in line with other defenses in criminal law
