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In General Public Use: An Unnecessary Test in Fourth Amendment Searches Using Advanced Sensing Technology
Get PDFCOVID-19 and Individuals with Developmental Disabilities: Tragic Realities and Cautious Hope
Get PDFThe COVID-19 pandemic has cast the United States, along with the rest of the world, into a time of crisis and uncertainty unlike any other in recent memory. Months into the pandemic, there is scant agreement among scientists, government officials, and large segments of the public, both domestic and abroad, as to determining the causes and workings of the virus, designing appropriate and effective responses to the outbreak, and constructing accurate assessments of the future—or even of the present. Indeed, the availability of concrete information about the virus and its effects is grossly inadequate and often replaced by anecdotal or impressionistic depictions, not infrequently accompanied by rumor and speculation. Perhaps at some point in the future, with the benefit of the passage of time and access to reliable data, we will better understand important elements of the pandemic. Amidst the current state of knowledge, however, any attempt to learn lessons from the events of the past few months remains a tenuous—if not altogether dubious—enterprise.
Nevertheless, despite the overwhelmingly confusing and confounding aspects of the crisis, certain preliminary conclusions appear to have emerged, including a recognition of the disparate impact of the virus on some segments of the American populace. Specifically, it seems fair to say that vulnerable populations have been disproportionally impacted by the COVID-19 national crisis. Among these populations, individuals with developmental disabilities—including, but not limited to, autism—have faced a number of monumental challenges, bringing about numerous adverse effects. Significantly, in addition to exacerbating some of the preexisting systemic conditions that ultimately gave rise to these calamitous results, the crisis has exposed the underlying reality of society’s failure to provide appropriate services and supports to individuals with developmental disabilities, in at least three separate but interrelated areas: special education, mental health, and physical health. Based on an examination of information that has become available, this Essay briefly surveys the tragic effects of the crisis in each of these areas.
Conversely, the Essay concludes with the suggestion that out of these tragedies—somewhat counterintuitively, if not ironically—there may grow a glimmer of hope toward the future. In particular, though to a lesser degree, other segments of society are likewise experiencing challenges in the areas of education, mental health, and physical health—and many individuals and communities are experiencing these challenges for the first time, in ways that were, to them, previously unfamiliar if not largely unknown. Though perhaps overly optimistic, it can be cautiously hoped that this newfound awareness will bring about a measure of sensitivity, empathy, and understanding, and a determination among society-at-large to respond to challenges that, even under the best of circumstances, have long confronted vulnerable populations
Caveat Emptor: Real Property Law’s “Get Out of Jail Free” Card V. the Property Condition Disclosure Act
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The Bar Exam and the COVID-19 Pandemic: The Need for Immediate Action
Get PDFThe novel coronavirus COVID-19 has profoundly disrupted life in the United States. Schools and universities have closed throughout much of the country. Businesses have shuttered, and employees are working from home whenever possible. Cities and states are announcing lockdowns in which citizens may leave their homes only for vital errands or exercise.
Medical experts advise that at least some of these restraints will continue for 18 months or more—until a vaccine is developed, tested, and administered widely. It is possible that localities will be able to lift some of these restrictions (such as lockdowns and school closures) intermittently during those months, but other restraints (social distancing, limits on large gatherings) are likely to continue for a year or more.
Under these conditions, jurisdictions will not be able to administer the July 2020 bar exam in the usual manner. Even if some of the most rigorous restrictions have been lifted by July 28, prohibitions on large gatherings are likely to remain. Attempting to administer the bar exam to hundreds of test takers in a single room would endanger the test takers, staff administering the exam, and the public health. The variation in jurisdictional outbreaks and public health responses may also compromise the ability to set a single test date across the country.
At the same time, it is essential to continue licensing new lawyers. Each year, more than 24,000 graduates of ABA-accredited law schools begin jobs that require bar admission. The legal system depends on this yearly influx to maintain client service. The COVID-19 crisis, moreover, will dramatically increase the need for legal services, especially among those who can least afford those services. We cannot reduce entry to the profession at a time when client demand will be at an all-time high.
In this paper, we explain why it is urgent to maintain the flow of new lawyers into the legal system, and then outline six options for sustaining that supply. As we explain, three of those options are risky and likely to fail. The other three, however, offer significant promise for assuring competent legal services to the public. Just as courts are temporarily adapting their practices to keep the justice system in place during this pandemic, we need to temporarily adapt our licensing system. We cannot afford to close the doors to the profession in these precarious times
