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Like many institutions, the University of Florida is now an online university. We have a shock that will have significant implications for the future of higher education. COVID-19 is forcing universities to move more rapidly in their provision of online education. While some classes and programs already have been moved online, faculties across fields typically have been resistant to online teaching. This is especially true in law.
The political leadership behind the Tax Cuts and Jobs Act was focused on using tax reform to bolster economic growth. But in enacting measures meant to make profitable companies even more profitable in the interest of increasing jobs, productivity, and investment, lawmakers may have weakened tax policy tools that help mitigate the effects of economic downturns. For one, by increasing the federal deficit, the TCJA limited the government’s fiscal policy levers. More broadly, in betting the bank on growth, the law may have made bankruptcy and losses more costly.
By D. Daniel Sokol and Anindya Ghose
The World Health Organization (WHO) has urged countries to trace and track every COVID 19 case. Tracking the spread of the virus is essential to effective mitigation of this health pandemic. During the ongoing worldwide healthcare crisis, one of the data-driven tools that has been shown to be effective in curbing the spread of this virus, is active contact tracing and monitoring of people who have come into contact with any suspected COVID 19 patient. Finding all the people who are infected and the people they have been in contact with to try to bring that infection chain to a standstill is imperative in mitigating the impact of this disease and the scale of this pandemic. Successful examples of these data-driven and technology enabled predictive practices have been shown in Taiwan, China, Singapore, Israel, and South Korea. Business data analytics have a critical role to play in this fight.
Federal and state lawmakers provide large fiscal relief packages for taxpayers in times of economic crisis, such as that resulting from the coronavirus pandemic. The U.S. Senate has passed radical measures to put cash in the pockets of taxpayers and businesses, including deferring 2019 return filings, offering cash payments, loans, and credits to individuals and businesses, and delaying payment of the employer payroll tax.
By D. Daniel Sokol and Anindya Ghose
What if the best tool to fight the coronavirus right now is not a vaccine—likely at least a year away—but a mobile phone? Smart mobile phones, app developers, and governments around the world can help deliver timely and accurate public health information and aid rigorous contact tracing to limit the spread of coronavirus.
The coronavirus pandemic has economies cratering. Healthcare systems are unable to ensure adequate support for caregivers and the ill; governments don’t know how to protect their citizens’ physical and economic welfare, with several heads of state under quarantine; and companies worldwide are under extreme strain. And yet the OECD has said that work on its project to address the tax challenges of digitalization will continue full steam ahead.
Social media causes so many problems. It sucks away our time. It encourages us to compare ourselves to others. It strips us and our kids of privacy and sometimes safety.
But social media also has power. It has the power to connect us. It has the power to inform us. During a time when we must separate from our physical networks, it offers us a powerful virtual community. Our kids could benefit from online connectivity right now as well.
The world is facing a medical emergency in the form of the rapid spread of a new virus, COVID-19, for which there is no known effective treatment and no preventive vaccine.
Without minimizing the need for haste or the significance of the threat, it is still important to remain aware of the risks inherent in rushing to treat patients with anything that might work and simultaneously conducting the research necessary to identify safety and effective interventions.
(RNS) — The ingenuity and adaptability of faith communities often go unreported. It’s been gratifying over the last many weeks to read story after story about the way people of faith have reorganized their practices and the very structure of their communities in response to COVID-19. This resilience has brought me a measure of comfort during this crisis.
This silver lining, however, is attended by quite a cloud. The past weeks have laid bare the more frustrating impulses associated with religion: congregations that have refused to suspend services; superstitious and disastrous thinking that COVID-19 can be conquered by prayer alone, without scientific and public health interventions; and some governments’ insistence on incarcerating religious prisoners of conscience, even when the prerogatives of public health demand their release.
On Saturday, March 28, 2020, President Donald Trump floated the possibility of issuing a “quarantine” order for the states of New York, New Jersey, and Connecticut because of their numerous COVID-19 cases. Later that day, Trump backtracked and declared that a quarantine order would “not be necessary.” While quarantines can differ in type and scope, they generally involve restricting the movement of those exposed or potentially exposed to an infectious disease during its period of communicability.
In April 2020, Dr. Robin Armstrong, medical director of the Resort, a nursing home in Texas City, Texas, reported “signs of improvement” after he gave hydroxychloroquine, a drug approved by the FDA to treat malaria, to 39 of his nursing home patients who were diagnosed with COVID-19.
By Jon Mills
After the pandemic, everything will eventually return to normal. But our privacy may never be the same.
Health officials generally agree that to fully open society, three things are required: treating, testing and tracking. Everyone understands the need for treatment and testing. The third component, tracking, is less understood.
Children may be processing the disruptions in their lives right now in ways the adults around them do not expect: acting out, regressing, retreating or even seeming surprisingly content. Parents need to know that all of this is normal, experts say, and there are some things we can do to help.
Infectious disease has always been one of the military’s greatest threats. By its own estimates, the U.S. Army lost almost as many soldiers from the 1918 flu as died on the battlefields of the first World War.
Troops are at risk during an outbreak due to the tight quarters in which they live and work. It is therefore not surprising that all branches of the service – Army, Navy, Marines, Air Force and Coast Guard – have been hit hard by COVID-19. The military has also played an important role in responding to the virus, from evacuating State Department officials from Wuhan in January to its current role building and staffing civilian field hospitals and augmenting civilian research teams.
For the last half of spring semester 2020, law schools all over the country were forced to change their method of instruction, delivery of final exams, and (in many cases) grading practices because of the demands for physical isolation following the outbreak of Covid-19. Now that the semester is over, there is a further round of disruption as many states have delayed or even cancelled their bar exams, some have granted graduates diploma privileges, while others bravely go ahead in the face of a possibility that they will have to cancel at the last minute because of ever-rising rates of infection.
This Special Alert for Powell on Real Property looks at governmental measures, enacted on an emergency basis, regarding real property during the COVID-19 pandemic — especially moratoria on residential evictions and foreclosures. The Alert uses examples of COVID-19 emergency measures by state governments as well as examples of emergency measures by the federal government. It anticipates ongoing changes to such measures as the COVID-19 situation evolves, suggesting that we not wait until the governmental measures abate before considering their impact and implications. The current stream of property-related COVID-19 litigation promises to become a flood. Litigators are relying on provisions of federal and state constitutions to challenge the emergency measures on behalf of landlords, lenders, and business owners. The Alert identifies several key U.S. Supreme Court precedents that will almost certainly form part of the judicial response to those challenges. Those cases, discussed in the Alert, provide the foundation for judicial consideration of the constitutional legitimacy of eviction and foreclosure moratoria.
In Tuesday’s post I suggested that we take the opportunity of dramatic, unexpected, and unwanted change delivered to legal education by the arrival of the Covid-19 virus and the need to rapidly revise decades, if not centuries, of conventions regarding grading and ranking that are tailored to the needs of a majority culture representative of the Harvard Law School Class of 1880 for whom it was created.
I also suggested that these historic grading conventions encouraged the persistent lack of diversity in our profession.
By Andrew Hammond, Ariel Jurow Kleiman, and Gabriel Scheffler
The COVID-19 pandemic has delivered an unprecedented shock to the United States and the world. It is unclear precisely how long the twin crises, epidemiological and economic, will last. And it is difficult to gauge the extent and direction of the changes in American life these crises will cause. Nonetheless, it is beyond dispute that the COVID-19 pandemic is putting significant strain on both the ability of Americans to meet basic needs and our government’s capacity to assist them. Federal, state, and local government have responded in various ways to deploy existing safety net programs like Medicaid, SNAP (food stamps), tax credits, and unemployment insurance to meet the surge in need. At this early stage of the crisis, it is worth a) identifying the ways in which the pandemic feeds on and exacerbates both racial and economic inequality in America, b) analyzing the government response in detail, c) considering which changes should outlast the current crisis, and d) how government, in the future, should build social welfare programs that are better suited to meet the needs of all Americans in the coming years. This Essay tries to do these four things in a way that is cogent and useful to legal and lay audiences alike.
This is the third of three posts about finding opportunities in the changes we are required to make in legal education because of the rapid spread of Covid-19. The last two focused on grading and employment, this one is about teaching.
“They are limited in what they can disclose under Florida Law, unless it is “necessary to public health.” So someone, somewhere is making the judgement call that as of now, they can’t release more info because the privacy interests outweigh public health,” said Jennifer Bard, a professor at the University of Florida’s Levin College of Law.
A state of emergency issued by Gov. Ron DeSantis bestowed Florida cities and counties with authority to take sweeping measures. Most have chosen not to act on that new power, said Jennifer Bard, a visiting professor of public health law at the University of Florida College of Law.
“There are no such things as ‘stay home’ orders,” Bard said. “There are terms and specifics of what you can and cannot do.”
Legal experts in the state say the issue isn’t clear-cut. Michael Wolf, a University of Florida law professor and scholar in local government, said DeSantis could argue he used police powers to ensure the welfare of state residents, which is outlined in the constitution. However, Cuomo could argue the order is discriminatory to residents of other states and forbidden by the constitution.
But with known community spread, inadequate testing and cases involving people who don’t display symptoms, University of Florida law professor Kenneth Nunn said first responders will never really know everyone who has the virus.
“So I don’t see what the benefit of releasing that information is now when we can assume that most of the people who you come into contact with, have come in contact with the virus in one way or the other,” he said.
Political conspiracy theories appear even in the analog propaganda of decades past. Mark Fenster, the author of Conspiracy Theories: Secrecy and Power in American Culture, describes them as a “populist theory of power” serving an important communication function: helping unite the audience (“the people”) against an imagined secretive, powerful elite. So when state media in China, for example, create or spread these theories, the elite puppet master is the United States, a geopolitical rival. By exposing the villainy of its adversary, the Chinese Communist Party presents itself as a defender of its people.
David Hasen, a professor at the University of Florida Law School who specializes in federal income tax law, tells TIME that the IRS has not yet indicated how long people have to submit their direct deposit information into Get My Payment before they’re sent a paper check instead.
How will benefit recipients receive their payment? The government will use the same information it uses to normally deliver benefits, David Hasen, a professor at the University of Florida Law School who specializes in federal income tax law, tells TIME in an email. For people on Social Security, Railroad Retirement or SSDI, the IRS will use the information provided on Form SSA-1099 and Form RRB-1099 to send payments.
Even in firms where the state is not the dominant shareholder, the Chinese party-state still has a significant amount of influence. As scholars Curtis J. Milhaupt and Wentong Zheng have highlighted, the boundary between state and private ownership of enterprise is often blurred in contemporary China. One reason for this is the role of the Communist Party in China’s economic life. Each organization with more than three Communist Party members must form a Party committee within the organisation, which in many cases has a significant influence over corporate decision making. This requirement extends not only to state-owned enterprises, but also to private companies and foreign-owned firms.
“I do predict an increased demand for legal services in the state … just as we recover from the shift in our economy,” Laura Ann Rosenbury, dean of the University of Florida Levin College of Law and one of the letter’s authors, told the Florida Record.
The law school deans emphasized that new attorneys traditionally serve in important roles in government agencies and public-interest groups and that they would provide key services to businesses and individuals as they get back on their feet in the coronavirus aftermath.
In the letter, the deans offered the use of their campuses and classrooms for a more decentralized administration of the bar exam, with possible dates at the end of July and in September. The deans see this as a way to avoid students jammed at a single location, which would create health concerns and difficulties to maintain social distancing.
Having bar exams during both months was just one of the options the deans proposed.
“I don’t think we necessarily ranked the five options we set forth,” Rosenbury said. “We just wanted to present the court with multiple possibilities for bar exams to continue even amidst the covid pandemic.”
Containing the Coronavirus will take some high-tech solutions according to law professor and privacy expert Jon Mills, Dean Emeritis at Florida Law School.
Apple and Google are working together to develop a voluntary app that traces contacts and notifies users if they were recently near someone diagnosed with COVID-19.
“Contact tracing is absolutely necessary, no matter how we do it,” said Mills.
There are legitimate concerns about privacy in some of the contact-tracing methods being considered to prevent the spread of coronavirus, experts say. However, “the fear of insertion of tracking chips and other things like that into our bodies has been a longstanding bogeyman,” said Mark Fenster, a law professor at the University of Florida who has written extensively about conspiracy theories. “There is a lot of tracking that goes on, but the suggestion that it’s being used in this manner and this way seems absurd.”
Mark Fenster, a University of Florida law professor, went further, calling the votes taken in the Wednesday meeting invalid.
Gov. Ron DeSantis has relaxed some requirements of the Sunshine Law during the coronavirus crisis, Fenster said in an email, “But holding a meeting with insufficient notice, only three members present and no livestream or means for the public to comment goes beyond the councilors’ authority, and the meeting’s actions are invalid.”
Darren Hutchinson, a law professor who studies the law’s impact on race and gender, thinks white Americans can learn a thing or two about racism from the pandemic. How the fear and uncertainty they are feeling now is not unlike what African Americans, Latinos, Asian Americans and others feel all the time.
“Everyone’s vulnerable. In terms of geography, it’s all over the country. Every age group potentially can be affected. It’s across gender. And to the extent that structural racism impacts people along all of those axes, this is a moment where it’s really going to stand out. In terms of the fear that a lot of people, generally, have right now — and I know it’s higher among people of color — but this is the fear and anxiety that people of color experience on a daily basis. The virus is not only showing us how pervasive inequality is, it’s also giving us a moment to think about how living daily in that structural racism creates this anxiety.”
Using non-coercive means to maintain order and safety in the community is a laudable goal for law enforcement, said Kenneth Nunn, a professor of criminal law and procedure at the University of Florida. But Chronister’s visit also could give the appearance he’s not impartial, Nunn said.
“That gives me cause for concern, that there’s some degree of special treatment being dished out that would run contrary to the ethical position the sheriff should be taking,” Nunn said. “It boils down to whether you would treat other people the same way and whether that appearance would suggest there’s some degree of favoritism.”
The conspiracy theory is easier to believe, though, since we are more likely to be familiar with action movie plots than functional polybasic cleavage sites. “The elements of conspiracy theories are also elements of other genres like mysteries and thrillers or soap opera,” said Mark Fenster, professor of law at UF and author of Conspiracy Theories: Secrecy and Power in American Culture.
The tax breaks, enacted in March, are a crucial piece of the government’s attempt to prop up businesses during the coronavirus pandemic, alongside Federal Reserve lending and the Small Business Administration’s loan-forgiveness program.
“They’re tinkering with the levers they have to get cash into the pockets of businesses, with the exception of just outright handing cash to them,” said David Hasen, who teaches tax law at the University of Florida.
Undocumented workers like M.J. are excluded from the $2 trillion federal coronavirus relief package passed on March 25 as they need a social security number to receive a stimulus check. M.J. also didn’t receive the $500 bonus given for dependent children under 17, for her son.
“They very specifically excluded people related to undocumented immigrants from receiving that check,” said Anastacia Greene, an immigration clinical fellow at UF Levin College of Law.
The political divisions among Americans over the severity of the Covid-19 crisis—with some even claiming that the pandemic is a hoax—could give rise to workers who refuse to wear masks in symbolic protest. While that wouldn’t matter in the private sector, government workers have First Amendment rights if they’re speaking as citizens about matters of public concern.
But government employers have the authority to enforce regulations on their employees’ conduct designed to protect health, safety, and welfare of the public, said Clay Calvert, director of the Marion B. Brechner First Amendment Project at the University of Florida.
A public employer’s ability to enforce a safety rule that’s generally applicable to its workers would trump an individual worker’s free speech rights, Calvert said.
Though tracking technology has been used to combat the coronavirus — in Singapore, China and South Korea, for example — human-rights groups have privacy concerns. But any worries about widespread microchipping don’t reflect what’s actually happening.
“The fear of insertion of tracking chips and other things like that into our bodies has been a longstanding bogeyman for theorists,” said Mark Fenster, a University of Florida law professor who has written extensively about conspiracy theorists and spoke to PolitiFact for another microchipping fact-check. “There is a lot of tracking that goes on, but the suggestion that it’s being used in this manner and this way seems absurd. This comes from the stream of conspiracy theories of the last 50 years. It has nothing to do with science and everything to do with conspiracy theories.”
Fox lawyers ridicule that “astounding claim,” saying in a brief filed Tuesday that even if the group is right about Fox News hosts and guests deceiving viewers on the dangers of the virus, “the Constitution protects Fox’s speech as a matter of law.”
Agreeing with Fox is Clay Calvert, a First Amendment expert and University of Florida law school professor.
Even from 3,000 miles away, Calvert at home in Gainesville sees flaws in the lawsuit by the Washington League for Increased Transparency and Ethics.
But if the goal was to throw another coronavirus lifeline to corporations, Congress “probably could have done a little better job in terms of targeting,” said David Hasen, a University of Florida professor of tax law.
“The government could have just as easily handed out cash,” Hasen added. “It might have been more effective to do it that way from an economic perspective. But there’s long been an aversion to the idea that governments give handouts. This is economically identical, but the optics are better for the government.”
But even without the pandemic and the location, the legacy of these kinds of confrontations looms large, according to Professor Katheryn Russell-Brown, director of the Center for the Study of Race and Race Relations at the University of Florida’s Levin College of Law.
“It was particularly a punch in the gut for a lot of people,” Professor Russell-Brown said. “It ties into and taps into a long history of white women, in particular, falsely accusing black men of crimes that leads to great harm.”
Professor Russell-Brown is the author of “The Color of Crime,” in which she explores the phenomenon of the “racial hoax” in which people fabricate crimes perpetrated by people of another race.
“This is deeply offensive,” she said. “Particularly as we are in a climate writ large of the expendability of black and brown lives in the midst of Covid-19.”
Clay Calvert, a law professor at the University of Florida and director of the Marion B. Brechner First Amendment Project, told Business Insider that Trump has no legal authority under his executive-branch powers to unilaterally shut down a social-media platform “simply because he disagrees with its policies for how it treats and now fact-checks his tweets.”
“We have the First Amendment to protect the speech of private entities — Twitter being one of them — and individuals from government censorship, whether the censorship emanates from the legislative, executive, or judicial branch,” Calvert added.
Criminal Law Section Chair Jennifer Zedalis, a University of Florida law professor, gives the chief justice high marks for his willingness to experiment.
“We have to think outside the box, we can’t just hunker down,” she said. “Absolutely I give him credit.”
But Zedalis is also concerned about a juror’s ability to gauge witness demeanor, or how a court will gauge a juror’s proficiency with videoconferencing platforms.
“When you go to pick a jury, I don’t usually look for their technology qualifications,” she said.
“The fear of insertion of tracking chips and other things like that into our bodies has been a longstanding bogeyman for theorists,” Mark Fenster, a University of Florida law professor, told PolitiFact.
“There is a lot of tracking that goes on, but the suggestion that it’s being used in this manner and this way seems absurd,” he continued.
Platform businesses are transforming how businesses operate. From food delivery to retail, social media, lodging, rideshare, logistics, and medicines (among others), platforms disrupt existing business models significantly and rearrange market structures. In a series of podcasts, the hosts, Professor Viswanath Pingali, IIMA and Professor Daniel Sokol, University of Florida, speak to leading academics, government officials, and industry leaders on chronicling this disruption and its competitive effects.
IIMA Prof. Viswanath Pingali and Prof. Daniel Sokol, University of Florida interacted with Mr. Manish Gupta, CEO, Indegene on “how technology is redesigning business models of healthcare companies, and how entrepreneurs can survive in the world filled with uncertainty.”
Coronavirus economic impact stimulus checks started making their way to Americans earlier this month, and as it turns out, even the deceased are getting paid.
But now, the U.S. Treasury wants that money back.
To learn more, KCBS Radio news anchors Jeff Bell and Patti Reising spoke with David Hasen, Professor at the University of Florida Levin College of Law.
Professor Jennifer Bard joins public health law experts for a briefing on human subjects research during COVID-19.
Professor Stephanie Bornstein provides expertise on NPR’s All Things Considered.
Millions of tax returns are sitting at the IRS unopened as of mid-May, due to staff shortage amid the coronavirus pandemic.
To learn more, KCBS Radio news anchor Liz Saint John spoke with David Hasen, Law Professor at University of Florida.
Professors Sharon Sandeen, Elizabeth Rowe and Ryan Vacca participate in a very timely panel discussion of Trade Secrets in a pandemic with these world class Trade Secret Law Scholars.
Trade Secrets, Transparency, and Paycheck Protection Program Loans During a Pandemic
Members of the U.S. Senate said they would make sure the public knew which businesses received taxpayer-backed coronavirus relief loans that totaled $511 billion, claiming that the number one priority was getting money into the hands of small business owners, and then there would be full transparency. But recently, Treasury Secretary Steven Mnuchin and the administrator of the Small Business Administration, Jovita Carranza, said they do not plan to make PPP loan recipients and amounts public. In a recent interview with CNN, Senator Marco Rubio said he heard from small business owners that disclosing the amount of taxpayer-funded PPP loans is a “trade secret and a competitive disadvantage that can be used against you. If you’re a small business, this is about payroll. And so people are going to be able to tell how much your payroll is based on your loan amount.” Rubio continued, “In essence, you know your competitors can figure out how much their competitor somewhere else in the country is making and sort of either poach employees or undercut their own.”
Eleven news organizations have sued the Small Business Administration for records on loan recipients and amounts of loans and other basic information the agency has previously released. The Treasury Department has argued that releasing the data would “risk disclosing proprietary data of millions of small businesses and the salaries of independent contractors.”
In April, there was massive public outcry when it was revealed that publicly traded companies with significant cash reserves received PPP loans that were intended for small businesses. A number of companies, including Shake Shack and Ruth’s Chris Steakhouse, gave back their PPP loans. But the PPP loan information on public companies came from publicly available corporate filings, information that private companies are not required to disclose. The vast majority of PPP recipients are private companies.