31

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 ...


24

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....


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 ...


18

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 ...


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 ...


13

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 ...


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 ...


10

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

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

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 (...


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

"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 ...


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". ...


6

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 ...


5

ARS 33-1343 allows the landlord to show the place, with two days notice. None of the executive orders suspend this aspect of the law: the eviction order is directed at law enforcement, and orders a temporary delay in enforcement of eviction orders. The governor does not have clear constitutional or statutory authority to suspend all or part of ARS 33-1343. ...


5

No laws have been changed to create extra rights for tenants owing to covid-19. There are many ever-changing orders regarding eviction, whereby you can't presently be evicted, but these are temporary orders. Otherwise, the general rule is that if you have a lease for a certain period of time, you owe the rent during that period whether or not you are ...


5

As a private university, they have much broader discretion to require things of you. Questions of 4th amendment rights are beside the point, what would matter is whether it is already covered by some part of your contract with the university. As a starting point, they have the property right to control access to their property, and they grant you the right ...


4

S88 Closing roads and public places: ...totally or partially prohibit or restrict public access, with or without vehicles, to any road or public place... S91(1)(a) Power to give directions: direct any person to stop any activity that may cause or substantially contribute to an emergency That is what "this Act otherwise provides"; S6 that you ...


4

He can tell the world You chose to tell him. He has no duty of confidence with you (he is not your health professional) so he can tell whoever he likes however he likes.


4

The Coronavirus Act 2020. Specifically Schedule 21 which relates to control of potentially infectious persons and Schedule 22 which limits gatherings and other aspects. The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. Specifically Regulation 6, which relates to restriction on movement.


4

I'm assuming that you are asking this because you want to do this and not actually because you want to know/test the law. The government has been (most likely intentionally) unclear about what you can and can't do. So let's just explore what you could happen: If you have a car crash you would be putting excess pressure on the NHS and yourself at risk as ...


4

It is difficult to keep track of the rapidly changing legal variables, but it would be illegal and unconstitutional for state police to set up an unauthorized stop-and-search checkpoint on the road ("due process" means "following the law"). As a prelude, there would have to be some higher authority that empowers them to do this. You would have to scrutinize ...


4

The Iran lawsuit depended on a statute directed against Iran, not applicable to the Chinese government. The Alien Tort Claims Act, which gives US federal courts original jurisdiction for torts "committed in violation of the law of nations or a treaty of the United States", neither of which is likely to describe the allegation against the Chinese government. ...


4

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 ...


4

There is no definition, and no legal basis for assuming a particular interpretation. Therefore, the term has its "ordinary meaning". A family group is what an ordinary reasonable person would consider to be a family group. The governor could publish an order defining "family group" for the purpose of this order. Otherwise, the judge or ...


4

No one can give you a meaningful answer unless you specify what jurisdiction you're in. Assuming you're in the United States: There's no liability for defamation. The company using your picture isn't saying anything about you. Whatever you might feel the implications are, the reasonable reader would not view the ads and conclude that you are actually sick or ...


4

No. Congress, in the Federal Food, Drug and Cosmetic Act, gave the the power to regulate drugs to the FDA, not the President. In addition to giving the FDA jurisdiction, Congress also set up requirements and procedures that the FDA must use to classify and reclassify drugs. (The FDA, acting under the APA and other statutes, has engaged in further procedural ...


3

Yes, you are still obligated by your contract. In general, the existing states of emergency do not cancel contracts or suspend portions of contracts. In some states, eviction proceedings are on hold, and that is as far as overriding contracts goes.


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