Oral Argument

Episode 39: The Ayn Rand Nightmare

Listen Later

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 post by Michael Dorf, (2) a 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 Review of Human-to-Human Transmission of Ebola Virus
  • Michael Dorf, 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), 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, 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, 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), Quarantine for Ebola Lifted in Liberia Slum
  • Michael Dorf, Containing Ebola: Quarantine and the Constitution
  • Arjun Jaikumar, 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, 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)
  • 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, Joint Chiefs Chairman Urges 21-Day Quarantine for Troops Working in Ebola Zone

    • Special Guest: Fazal Khan.

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    Oral ArgumentBy Joe Miller and Christian Turner
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