News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for the ‘National’

Judicature: A Scholarly Journal Focused on the Judiciary

Judicature is a scholarly journal focused on the judiciary, the administration of justice, and the rule of law. The Bolch Judicial Institute of Duke Law School is responsible for the publication of Judicature.

Judicature’s mission is to create a forum for judges, practitioners, and academics to share ideas, best practices, perspectives, and opinions—and in doing so, provide insight into the issues and ideas that are shaping the judiciary and the administration of justice.

Can the President Do Anything They Want in a National Emergency? Probably

A 2019 article by Elizabeth Goitein lays out the alarming scope of a President’s Emergency Powers. Goitein codirects the Brennan Center for Justice’s Liberty & National Security Program, is a Senior Practitioner Fellow at the University of Chicago’s Center for Effective Government, and is a nationally-recognized expert on presidential emergency powers, government surveillance, and government secrecy.

While there are good arguments for a President to have some extraordinary powers in extraordinary times, the scope and breadth of a President’s powers in an emergency is chilling. It is important for citizens to know about this, especially in light of the insurrection on January 6 and the discussion about the backsliding of democracy in the United States. The author states, “The moment the president declares a ‘national emergency’—a decision that is entirely within his discretion—he is able to set aside many of the legal limits on his authority.”

Goitein takes an exhaustive look at presidential powers throughout history and analyzes statutes and case law on the topic.

FDA Expands Pfizer Booster Use to 16-17 Years-Old

image of hand injecting vaccine into covid cellOn 12/9/2021, the U.S. Food and Drug Administration (FDA) expanded the use of a single Pfizer-BioNTech COVID-19 Vaccine booster dose to individuals 16 and 17 years of age at least six months after completion of primary vaccination with the Pfizer vaccine.  Just in mid-November, the FDA authorized the use of a Pfizer or Moderna vaccine booster to all individuals 18 years old or older at least six months after completion of primary vaccination with the Pfizer or Moderna vaccines, or at least two months after completion of primary vaccination with the Janssen COVID-19 Vaccine.  The new amendment of the emergency use authorization for the Pfizer-BioNTech COVID-19 Vaccine was based on FDA’s analysis of immune response data from individuals who received single booster doses.  The analysis found a demonstrated booster antibody response, thereby supporting the expansion of the eligible booster age population.  The U.S. Centers for Disease Control and Prevention and FDA continue to “monitor COVID-19 vaccine safety and allow for the rapid detection and investigation of potential safety concerns.”

December Social Justice Seminars and Programs

image of black hands surrounding the word JusticeThe C|M|Law Library Social Justice and Antiracism Resources guide Events/Forums/Webinars page provides information on social justice seminars, programs, and activities in the greater Cleveland area, Ohio, and nationally.  December 2021 events include the 12/14 Standing Up to Discrimination, Harassment, and Retaliation live conversation with four Black female sergeants from the Baltimore Police Department, sponsored by Strategies for Justice, and the 12/15 Abolishing Slavery, For Real free webinar exploring the exception in the Thirteenth Amendment that allows for slavery as a punishment for a crime and the fight to #EndTheException, sponsored by Showing Up for Racial Justice and Worth Rises.  On 12/16, tune into the Our Voices Today WOVU radio program for Life & the Law – Conversations about Your Rights.  This segment will discuss tenants’ rights related to housing conditions and other landlord-tenant issues.  topics will include utilities, urgent home repairs, lead paint, and more.

WHO and U.S. Government Responses to Omicron

The World Health Organization (WHO) designated the SARS-CoV-2 variant B.1.1.529, named Omicron, as a Variant of Concern (VOC) on 11/26/2021.  WHO has asked countries to enhance surveillance and sequencing efforts, submit complete genome sequences and associated metadata to a publicly available database (eg, GISAID), report initial cases/clusters associated with VOC infection to WHO through the IHR mechanism, and, where capacity exists, perform field investigations and laboratory assessments to improve understanding of the potential impacts of the VOC.  Also on 11/26/2021, President Biden issued a Proclamation suspending entry into the U.S. of noncitizens physically present within eight Southern African countries during the 14-day period preceding their entry.  Entry was allowed for citizens, lawful permanent residents, and certain family members if they met specified exceptions detailed in the Centers for Disease Control and Prevention (CDC) Travel Assessment.  Future international travel to and from the U.S. will continue to be regulated by CDC guidance.  The CDC has also issued a media statement on Omicron, stressing the importance of following prevention strategies and getting fully vaccinated.