It’s Time for the Federal Government to Get Back to Protecting the Nation...
By Jennifer S. Bard Over the past two years, the Supreme Court has shown unprecedented hostility to efforts by both state and federal government to stop the spread of what every day turns out to be an...
View ArticleProviding Clean Air in Indoor Spaces: Moving Beyond Accommodations Towards...
By Jennifer Bard One of the most persistently frustrating aspects of the Americans with Disabilities Act (ADA), as currently applied to schools and workplaces, is its emphasis on the eligibility of...
View ArticleThe Bind We’re in — And How the Supreme Court Put Us There
By Jennifer Bard As the COVID-19 pandemic rages into its third year of global death and destruction, the Supreme Court of the United States has effectively thwarted every measure by federal or state...
View ArticleThe Beginning of the End of Federalism As We Know It Here on Earth One and...
By Jennifer Bard Friday’s emergency hearing by the Supreme Court regarding the Occupational Safety and Health Administration’s (OSHA) vaccine-or-test mandate was extraordinary both in that it happened...
View ArticleWho Has a Duty to Protect Your Health? The Answer May Surprise You
By Jennifer S. Bard One of the most frightening aspects of the ongoing COVID-19 pandemic has been the lack of a recognized and trusted source of health and safety information. This vacuum exists in...
View ArticleBeing an Adult in the Face of Omicron
By Jennifer S. Bard To those who believe that the federal government is a benign force doing the best they can to fight the COVID-19 pandemic and keep us all safe, I have two words of advice: Grow up....
View ArticleThe Government Needs to Construct On, Not Off, Ramps to Combat the Latest...
By Jennifer S. Bard Over the past two weeks, the news coming in about the spread of COVID-19 has been eerily familiar. Cases are rising all over Europe, not just in under-vaccinated Eastern European...
View ArticleDéjà Vu All Over Again
By Jennifer S. Bard The COVID-19 pandemic has shown us time and time again that whatever progress we make in curbing transmission of the virus is tenuous, fragile, and easily reversed. And yet, we...
View ArticleLegal and Ethical Analysis of Court-Ordered Ivermectin Treatment for COVID-19
By Jennifer S. Bard A judge in Ohio ruled on Monday that a hospital in the region must administer ivermectin to a patient very sick with COVID-19 in their ICU, despite the decision by the medical...
View Article6 Actions the Federal Government Should Take in Response to the Delta Variant
By Jennifer S. Bard Today, the U.S. Centers for Disease Control and Prevention took an important step in protecting the nation’s health by reinstating indoor masking for both vaccinated and...
View ArticleWhat Can the Federal Government Do When States Make Dangerous Decisions?
By Jennifer S. Bard The threat posed to the welfare, economy, and security of the United States by the rapidly spreading COVID-19 virus is as serious as any we have ever confronted. But, at the same...
View ArticleThe Only Constant is Resistance to Change: A Flaw in the US Response to...
By Jennifer S. Bard Law can be a wonderful tool for promoting and protecting the public’s health. But its inherent bias towards stability is poorly suited to the challenges of addressing rapidly...
View ArticleWhat Makes a Bad Public Health Decision? And How Can We Make Good Ones?
By Jennifer S. Bard What makes a bad public health decision? What we’ve seen across both the Trump and Biden administrations is that relying on the CDC’s medical model of decision-making isn’t working....
View ArticlePublic Health Law vs. Individual Advice: Why Discarding Indoor Mask Mandates...
By Jennifer S. Bard The U.S. Centers for Disease Control and Prevention (CDC) announced today that fully vaccinated individuals no longer need to wear masks indoors or outdoors in most cases. The...
View ArticleConsider the Fundamentals of Viruses When Crafting Law and Policy Responses
By Jennifer S. Bard Lawyers and law professors are very much part of the ongoing efforts to make policy in response to the COVID-19 pandemic. Like everyone else involved, we face the particular...
View ArticleAmending the Public Health Service Act to Encourage CDC Action to Stop COVID-19
By Jennifer S. Bard The U.S. Centers for Disease Control and Prevention (CDC) already has all the power it needs to limit the movement of people in order to slow the spread of COVID-19. Yet, throughout...
View ArticleHuman Subjects Research in Emergencies: The Texas Nursing Home “Study” (Part II)
By Jennifer S. Bard This post is the second in a series about conducting human subjects research in emergencies. These posts are being written in response to a rapidly evolving situation and will...
View ArticleHuman Subjects Research in Emergencies: An Ethical and Legal Guide (Part I)
By Jennifer S. Bard This post is the first in a series about conducting human subjects research in emergencies. These posts are being written in response to a rapidly evolving situation and will...
View ArticleHow the Internet and The Mapping of the Human Genome Disrupted the Teaching...
This piece was part of a symposium featuring commentary from participants in the Center for Health Policy and Law’s annual conference, Promises and Perils of Emerging Health Innovations, held on April...
View ArticleWhat You Need to Know About “Medicare and Medicaid-for-all” to Survive the...
By Jennifer S. Bard Just as medical students find themselves being asked at parties to look at rashes, this year health law students (and professors) are being asked about the proposals to fix our...
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