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Book Review Essay: Jewish and American Law: A Comparative Study. (Vols. 1 and 2) by Samuel J. Levine
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Hands-off Religion in the Early Months of COVID-19
Get PDFFor decades, scholars have documented the United States Supreme Court’s “hands-off approach” to questions of religious practice and belief, pursuant to which the Court has repeatedly declared that judges are precluded from making decisions that require evaluating and determining the substance of religious doctrine. At the same time, many scholars have criticized this approach, for a variety of reasons. The early months of the COVID-19 outbreak brought these issues to the forefront, both directly, in disputes over limitations on religious gatherings due to the virus, and indirectly, as the Supreme Court decided important cases turning on religious doctrine. Taken together, judicial rulings and rhetoric in these cases illustrate ways in which the hand-off approach remains, at once, both vibrant and vulnerable to critique
Should I Stay or Should I Go: Student Housing, Remote Instruction, Campus Policies and COVID-19
Get PDFIn March 2020, as the world scrambled to understand and address myriad public health and economic challenges unfolding from the novel coronavirus labeled COVID-19, higher education was forced into a tailspin. This article examines the legal and policy challenges that result from, among other issues, the congregate housing situations existing for on- and off-campus housing at colleges and universities. The legal issues demonstrate federalism at work and include; at the federal level, regulations and guidance from the White House, the Center for Disease Control (CDC) and the U.S. Department of Education; at the State level from gubernatorial executive orders, state departments of education and state health departments; and at the local government level from mayoral executive orders and local public health offices. Part II discusses the shift to remote instruction in higher education beginning in March 2020. Section A sets forth the regulatory landscape leading to remote instruction, and Section B discusses housing challenges from the Spring 2020 semester that included closing campus housing and sending students home as well as issues related to the departure of students for spring break who received emails once off-campus stating that they could not return to campus to retrieve their belongings for an unknown period of time. The legal issues surrounding the return of fees such as those pre-paid for housing and food services is addressed, and the rise of class action lawsuits is discussed. Part III examines some approaches campuses took for re-opening in the Fall 2020 semester, analyzing COVID-19 testing generally, enforcement of campus policies, student violations, and COVID-19 transmission related to congregate housing. These approaches were influenced by CDC guidance for higher education, state specific re-opening guidance and other business, health, and education regulations applying to higher education. This section also looks at strategies being created and implemented to allow institutions to open/re-open in the Spring of 2021. Part IV concludes with thoughts about the future of higher education as campuses continue to navigate through a COVID and post-COVID landscape
Subways and COVID-19: A Literature Review
Get PDFDiscusses a variety of articles and blog posts which address the impact (or lack thereof) of the New York subway system upon the COVID-19 pandemic
