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Episode 39: The Ayn Rand Nightmare - Publication Date |
- Oct 31, 2014
- Episode Duration |
- 01:39:29
It’s our ebola episode. You know, I think that’s description enough.
This show’s links:
- Fazal Khan’s profile and his writing
- Our U.S. News rankings episode, Heart of Darkness
- More on the debate about state courts’ following federal circuit courts (relevant to the gay marriage rulings) that arose during our episodes with Michael Dorf and with Steve Vladeck: (1) a state-courts-gratuitously-give.html">post by Michael Dorf, (2) a courts-choosing-to-follow-federal-precedents.html">post by Steve Vladeck, and (3) a post by Christian Turner
- About Ebola virus diseased and about Ebola in the United States
- The CDC’s information page on Ebola transmission and transmission.html">Review of Human-to-Human Transmission of Ebola Virus
- Michael Dorf, there-any-risk-of-ebola-transmission.html">Is There Any Risk of Ebola Transmission from an Asymptomatic Person?
- EM Leroy et al., Human Asymptomatic Ebola Infection and Strong Inflammatory Response
- Gostin, Hodge, and Burris, Is the United States Prepared for Ebola
- Tavernise, Shear, and Cooper (for the NY Times), us.html?smid=fb-share&_r=2">Seeking Unity, U.S. Revises Ebola Monitoring Rules
- Laura Donohue, Biodefense and Constitutional Constraints (an excellent history of US and UK quarantine law)
- Josh Hicks, A Brief History of Quarantines in the United States (a very short timeline in the Washington Post) and Peter Tyson, history-of-quarantine.html">A Short History of Quarantine (a more detailed and global timeline)
-
Jacobson v. Massachusetts; see also James Colgrove and Ronald Bayer, Manifold Restraints: Liberty, Public Health, and the Legacy of Jacobson v Massachusetts
- Tara Ragone, blogger-research-fellow-and-lecturer-in-law-tara-a-ragone-state-quarantines-balancing-public-h.html">State Quarantines: Balancing Public Health with Liberty Interests (a very helpful blog post discussing issues and authorities relevant to the Kaci Hickox case)
- Jared Cole (for the Congressional Research Service), Federal and State Quarantine and Isolation Authority
- Gostin, Burris, and Lazzarini, The Law and the Public's Health: A Study of Infectious Disease Law in the United States
- About Philadelphia’s Yellow Fever epidemic of 1793
- The text of the Public Health Service Act (containing the authority for federal quarantine and isolation)
- Jew Ho v. Williamson
- Norimitsu Onishi (for the NY Times), for-ebola-lifted-in-liberia-slum.html">Quarantine for Ebola Lifted in Liberia Slum
- Michael Dorf, Containing Ebola: Quarantine and the Constitution
- Arjun Jaikumar, Arjun.pdf">Red Flags in Quarantine: The Questionable Constitutionality of Federal Quarantine After NFIB v. Sebelius
- Mark Rothstein, From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine
-
Morgan’s Steamship Co. v. Louisiana Board of Health (upholding the constitutionality of state quarantine)
- CDC, and-movement-of-persons-with-exposure.html">Interim U.S. Guidance for Monitoring and Movement of Persons with Potential Ebola Virus Exposure
- See section 604 of the The Model State Emergency Health Powers Act
- Fazal Khan, Ensuring Government Accountability During Public Health Emergencies
-
City of Newark v. J.S. (analyzing the Due Process and statutory rights of a “non-compliant,” TB-infected, homeless man)
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Greene v. Edwards (awarding a state writ of habeas corpus in a TB isolation case)
- About the 2007 tuberculosis scare caused by the travel of Andrew Speaker
- Fidler, Gostin, and Markel, Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics (also discussing the Andrew Speaker incident)
- Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of Health
- Wendy Parmet, AIDS and Quarantine: The Revival of an Archaic Doctrine (interesting, among other reasons, for the fact it was written in 1985 in the midst of the relative early days of the AIDS crisis)
- City of New York v. New Saint Mark’s Baths
- Randy Shilts, And the Band Played On
- About the John Warner National Defense Authorization Act of 2007, the Posse Comitatus Act, and the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013
-
Mathews v. Eldridge (and, yes, there are only three factors)
- Daniel Markovits, Quarantines and Distributive Justice
- Helene Cooper and Michael Shear, defends-cdcs-ebola-rules-as-sensible-based-in-science.html">Joint Chiefs Chairman Urges 21-Day Quarantine for Troops Working in Ebola Zone
Special Guest: Fazal Khan.
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