71

The other answers have addressed the letter of the question you asked, but I wanted to correct a misconception in your question statement: ... It's bad enough to suffer some horrible side effect, but not even being able to seek compensation is just the last straw. Note that under the PREP Act, you can seek compensation from the government if you are ...


32

The right that the government leave you alone All modern, pluralistic democracies have a number of specifically protected or traditional rights (for example, Australia) which at their root encompass the idea that the government should leave the individual alone unless interference is necessary. In general, the types of regulations that have been promulgated ...


23

There is no clear answer, and I suspect an argument could be made either way. The relevant regulations in this case are The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. In particular, regulation 6(1) states that: 6.—(1) During the emergency period, no person may leave the place where they are living without reasonable excuse....


20

Exactly what liberty? The right of liberty itself. While the most basic meaning of liberty (as found in the 14th Amendment to the US constitution and other documents enumerating civic rights) is the state of not being imprisoned, it also implicates other freedoms, such as the freedom to walk out of your residence with or without a face mask. It is well ...


18

ICE has a degree of authority to deport without court hearing, via an expedited process. The legal framework for such deportations are explained here, and rely on 8 USC 1225. The Secretary of DHS has authority to establish rules, and has recently done so here. The current regulations pertaining to expedited removal are at 8 CFR 253.3. There is no exemption ...


17

The protection extends until October 1, 2024 and does not depend on when the vaccine becomes fully approved by the FDA. The official notice of Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID–19 (PDF) was published in the Federal Register Vol. 85, No. 52 for Tuesday, March 17, 2020, on pages ...


16

What most of your quotes are based on is this general consensus reached by the federal and state governments on how to proceed. The actually legal implementation happens on the state level in form of decrees. Therefore, the quoted texts are not to be taken as legal text, but human-readable¹. In particular they are not to be taken painstakingly literal, but ...


15

Nothing will happen. Wait for the 2030 census and January 3rd 2033. Representatives are only recalculated after each census. The last census and recalculation was 2020. So no ordinary recalculation will happen till 2030. It's unclear if there could be an extra census, which then might lead to redistricting - the only rules (in the constitution) I can find ...


12

Public Health Law PBH §12(1) says Any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto for which a civil penalty is not otherwise expressly prescribed by law, shall be liable to the people of the state for a civil penalty of not to exceed two thousand ...


12

Are UK Tier 4 rules law? Yes. The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020 (SI 2020/1374) has been amended by SI 2020/1611. Unfortunately, the amendment is only available as pdf at the moment and I can't copy-and-paste it on my phone for you. SI 2020/1374 and all subsequent amendments may be found here... https://...


11

According to the Michigan Dept. of Labor & Economic Opportunity, there are expanded eligibility criteria for unemployment insurance during the COVID-19 crisis. This expansion of unemployment benefits was part of the Federal CARES Act passed in late March. These expanded criteria may cover your wife: Individuals are eligible for PUA [Pandemic ...


11

Section 2 (a) of the order says: The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-...


10

A lot of incorrect answers on this one. The short answer is that as the law currently stands, mask requirements, generally speaking, do not infringe on civil liberties. People are of course free to argue that they know the true, secret meaning of the law, but they are arguing about whether mask requirements should be considered an infringement on civil ...


10

There is, as far as I can see, no legal definition of picnic in England and Wales. In the absence of such, the convention applied by the UK courts is to use the normal meaning of the word; usually by reference to the Oxford English Dictionary (which is behind a paywall so I've used its free online version here)... An occasion when a packed meal is eaten ...


10

ADA is about "disabilities", and not being vaccinated is not a disability under the law. Applicability of HIPAA is very complex and unclear. The Privacy Rule refers to and restricts the actions of Covered Entities. Healthcare providers and insurance companies are Covered Entities. The regulation 45 CFR 160.103 defines "covered entity" as ...


9

Section 29-A of Article 2-B of the Executive section of the New York Consolidated Laws: ...The governor, by executive order, may issue any directive during a state disaster emergency declared in the following instances: ... epidemic, disease outbreak ... Any such directive must be necessary to cope with the disaster and may provide for procedures reasonably ...


9

Unfortunately government "guidance" and police policy changes rapidly and is inconsistent, especially as the Regulations are made under health legislation, which is now a devolved matter so the four UK jurisdictions (England, Wales, Scotland, Northern Ireland) all have similar-but-different rules and guidance. In terms of what exercise is reasonable, the ...


9

Are the reasons (mom can't stay because of covid-19 and the son is too young to live by himself) legally justifiable reasons? Unfortunately, not in this case. The landlord can prevail by arguing that the mom, insofar as a holder of a non-immigrant visa, knew or should have known of the risks of being denied entry in the US. In terms of the Restatement (...


9

We have a recent real-life example of this sort of scenario. Hurricane Katrina caused massive depopulation of Louisiana's 2nd Congressional District. At the time, this district was mostly the City of New Orleans, as well as a small portion of Jefferson Parish. (The City of New Orleans is a consolidated city-parish, and so is referred to as Orleans Parish ...


8

In spite of recent communication from the Government, I have not seen any statutory instruments pass Parliament referencing Tier 4. The statutory instrument (SI) in question is the Health Protection (Coronavirus, Restrictions) (All Tiers and Obligations of Undertakings) (England) (Amendment) Regulations 2020 (S.I. 2020/1611). Much of this is framed as an ...


8

Following you around with the intent of harassing you is stalking. I don't know whether there's going to be a law actually requiring social distancing in Florida. In other states, I've seen laws set up to make it a crime to violate an order of the Director of Public Health or something like that. I don't know whether Florida actually has an order requiring ...


8

The relevant law is 42 USC 247d-6d, which says that a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been ...


7

Any eviction order (for non-payment) will not be enforced by the sheriff (as ordered by the court), and that is how evictions would happen. This is also required under the governor's order of March 20. Foreclosure entails eviction – though the order prohibits the enforcement of an associated eviction order, and doesn't prohibit starting action against a ...


7

In addition to the above, mandatory quarantine (self-isolate) means you must: go directly to your place of quarantine, without stopping anywhere, and stay there for 14 days do not go to school, work or other public areas and community settings monitor your health for symptoms of COVID-19 arrange to have someone pick up essentials like groceries or ...


7

The US Constitution presupposes broad liberties, and explicitly enumerates a few of them (such as freedom of religion and the right to bear arms). One of the non-enumerated right is "freedom of contract", which has been limited especially at the end of the Lochner era. Another non-enumerated right is the right to paint your house pink (a right abridged in ...


7

"Medical lawyer" is really the wrong focus, this is an issue of civil rights. The question would be, is it a violation of your civil rights to prevent you from taking your baby home; is it legal for the federal government to investigate people who refuse to take a covid test? You can take the question along with pertinent evidence to a civil rights ...


7

Can I just not renew their contract and go back to my place in 2 months or do I still need to give them 6 months' notice? Short answer: 6 months' notice Long answer: I'm assuming this is a fixed-term Assured Shorthold Tenancy. Unless a landlord is going down the Section 8 route where the tenant has broken the tenancy agreement, they will need to serve a &...


7

You have to start with the pertinent ADA regulations, 28 CFR Part 36, and esp. subpart B which gets to the prohibition. Under §36.201(a), No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by ...


6

I am wondering if ICE has the legal authority to immediately deport illegal immigrants after they have received medical care at U.S. hospitals for COVID-19. I am referring to people who voluntarily came into U.S. hospitals to receive this medical treatment. How do you define "immediately"? ICE can certainly arrest them. Many of them will need to be placed ...


6

I think the Washington law and order is fairly clear: you must stay home unless you are engaged in certain allowed activities. The underlying law, RCW 43.06.220(h) empowers issuing an order prohibiting "Such other activities as he or she reasonably believes should be prohibited to help preserve and maintain life, health, property or the public peace". ...


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