American Lessons: The COVID-19 Pandemic and the US Supreme Court

Ever since the outbreak of the COVID-19 Pandemic in America in March 2020, several US states imposed harsh measures to combat the pandemic. Such state measures have at times seriously violated human rights, such as freedom of religion or freedom of movement. This chapter attempts to look at how the US Supreme Court has responded to the pandemic and reviewed several state measures over the past couple of years through selected cases on freedom of religion and compulsory vaccinations. We particularly look at its views on the role of the judiciary during the crisis, the scrutiny applied on human rights violations, as well as whether changes in the Court's composition during the Trump Era have in fact influenced its judicial reasoning. Overall, has the COVID-19 pandemic had an impact on judicial review and the Court's role? If so, how?. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.

COVID-19 and the family courts: key practitioner findings in children cases

In March 2020, stringent social distancing measures were introduced across England and Wales to reduce the spread of Covid-19. These measures have presented significant challenges for the family justice system. This article sets out the findings of interviews conducted with professionals in the North East of England who have represented or otherwise supported litigants in private and public children proceedings since social distancing measures were introduced. The findings reveal that whilst practitioners are broadly positive about their experiences of shorter non-contested hearings, they nonetheless have concerns about the effectiveness of remote/hybrid hearings in ensuring a fair and just process in lengthy and complex cases. In particular, the findings indicate that the move to remote hearings has exacerbated pre-existing barriers to justice for unrepresented and vulnerable litigants. The aims of this article are not to ‘name and shame' any particular court but to highlight evidence of good practice in the North East of England and provide scope for improving practitioners' and litigants' experiences within current restrictions.

Developments in American politics 9

This textbook provides students of US Politics with an informed scholarly analysis of recent developments in the American political environment, using historical background to contextualize contemporary issues. As the ninth edition, this book reviews a time of political controversy in the United States, touching on topics such as gender, economic policy, gun control, immigration, the media, healthcare, the COVID-19 pandemic, and the widespread social protests against police brutality. The book looks both backwards to Trump's presidency and forward to Biden's. Ultimately, the editors and contributors evaluate the significance of these events on the future of American politics, providing a perspective that is at once broad and meticulous. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2022. All rights reserved.

The right to healthcare during the covid-19 pandemic under the European Convention on human rights

The article presents the challenges exposed by the COVID-19 pandemic from a European perspective, especially its consequences in light of the European Convention on Human Rights' (ECHR) guarantees of the right to health. It is the first attempt to comprehensively examine these challenges for the State Parties of the ECHR. The right to health has traditionally been included in the second generation of human rights;therefore, presumably, it does not in itself give rise to any specific rights for an individual. However, the European Court on Human Rights (ECtHR) has recently been linking the right to health with specific provisions of the European Convention on Human Rights, in particular with Articles 2, 3, and 8. We analyse the Court's relevant rulings and their possible consequences for the assessment of the actions taken by the States Parties in order to fight COVID-19, with special emphasis on possible State responsibility for violating the Convention. This can happen when the State's actions result in different levels of health care access available to different groups of patients (patients with COVID-19 and patients with other conditions). The analysis reveals the weakness of the approach taken by ECtHR in the face of the COVID-19 pandemic. Summary: 1. Introduction;2. Health care and the fight against covid-19 in light of the ECHR;2.1. Article 2 of the ECHR;2.2. Article 3 of the ECHR;2.3. Article 8 of the ECHR 3. The convention and the 'herd immunity' strategy;4. The fight against covid-19;dancing on a minefield;5. Concluding remarks [ FROM AUTHOR] Copyright of International Journal of Human Rights is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)

ZOOMING OUR WAY OUT OF THE FORUM NON CONVENIENS DOCTRINE

The effects of the pandemic have shed light on the evolution of technology in the legal space, including the use of technology in videoconferencing proceedings and facilitating court procedures. Despite the benefits associated with technology, the rapid adoption of videoconferencing proceedings in courts may have unprecedented impacts on the relevance and practicality of the forum non conveniens doctrine. Additionally, the drastically different approaches that federal courts have taken in response to the disproportionate geographic effects of the pandemic may give way to forum shopping. Plaintiffs may be more incentivized to bring their cases to forums that allow for videoconferencing proceedings as a strategic way to circumvent a defendant's potential forum non conveniens argument in a motion to dismiss. This Note argues that videoconferencing technology allows courts to effectively transcend the restrictions of geography while mitigating arguments about the relative convenience of different forums. Creating more uniform rules for videoconferencing proceedings will ensure easier predictability and uniformity in the forum non conveniens analysis. Specifically, this Note recommends that Congress and the courts mandate standardized technological videoconferencing requirements and adopt the original understanding of the forum non conveniens doctrine for lower courts to more explicitly consider the benefits of technology when making a forum non conveniens determination.

Restorative Justice and Non-Custodial Measures as Panacea for Prison Decongestion in a Covid-19 Era: Nigeria in Perspective

Restorative and non-custodial sentences or measures are those sentences a court can impose on an offender which does not involve keeping the offender in prison or any other penal facility. They include compensation, damages, costs, restitution, restoration, plea bargain, community service, suspended sentence, probation and parole. The overuse of imprisonment and fine as sentencing measures by the judiciary in Nigeria without commensurate recourse to restorative and non-custodial sentencing measures as provided in our laws have increasingly led to prison congestion. Overcrowding is a known risk factor for infection and high-density prisons can double the risk of major infections, such as tuberculosis and COVID-19. This paper, while discussing legislative provisions on restorative justice and non-custodial sentences, makes a case for Judges, Magistrates and Prosecutors to apply restorative justice and non-custodial measures as they are beneficial and viable tools for prison decongestion particularly in this COVID-19 era. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023.

The bailiff's services in the electronic judicial era in Indonesia

PurposeThe electronic judicial consists of applications supporting cases handling until the court makes a legal decision. The electronic judicial will not only include case administration but also be able to accommodate bailiff's services. At the beginning of Covid-19 pandemic, many bailiff's tasks had to be delayed due to the implementation of movement restrictions and lockdowns, thus hampering the execution process. The impact is that a buildup of cases cannot be completed. The purpose of this paper is to integrate the bailiff's service into the judicial digitalization services so that transparency and accountability in the electronic judicial can be achieved. Design/methodology/approachThe method used is qualitative, with the data collected through in-depth interviews with bailiffs in court. Then it was analyzed through triangulation technique by doing literature studies, discussions and observations. FindingsThis study shows that the bailiff's service needs to be developed and integrated into the electronic judicial in Indonesia, which consists of a case tracking information system, e-court and electronic execution supervision. Originality/valueThis research focuses on bailiff services in Indonesia. The bailiff's assistance in Indonesia must be integrated with applications supporting e-court as electronic judicial in Indonesia. This integration will help solve the case faster in court.

e-Justice: Relating Practical Guidelines in Videoconferencing with the Concerns of Academic Literature

Videoconferencing was widely used in court proceedings during the covid 19 pandemic, and, probably, its use will not return to the point before the pandemic. The academic literature indicates many different concerns with videoconferencing in court proceedings that may ultimately impact the legitimacy of the judicial process. This study aims to appreciate if academic research has been incorporated into the practical recommendations which guide daily work in courts. First, we conducted a literature review to identify and organise the concerns about using videoconferencing in court proceedings. Then we selected two guidelines and evaluated whether their recommendations addressed solutions to concerns raised in the academic literature. We conclude that most of the concerns are present in the guidelines. Although, the concern regarding the difficulty of replicating the environment of the physical courtroom in videoconferencing, which is the most cited concern, is not addressed in the practical guidance. © 2022 Associacao Portuguesa de Sistemas de Informacao. All rights reserved.

Analysis Of The Scope Of India's Virtual Court Hearings

With the increasing internet accessibility in India and the challenges posed by the Covid-19 pandemic, the practice of virtual court hearing has been accelerated in India. The virtual Court acts as an effective means to conduct Court proceedings, debarring geographical barriers and uplifting Courtroom functioning's productivity. Along with the practical applicability of virtual court hearings in India comes the glitches or challenges posed by the virtual hearing of matters. Nonetheless, the necessity of physical hearing of matters cannot be ignored. In pursuance of this, arguments in favor of reverting towards physical hearings after the pandemic situation ends are being posed before the Indian Judiciary, which negates the applicability of virtual courtrooms. Thereby, this article aims to analyze the applicability, necessity and efficacy of virtual court hearings and the challenges posed by Virtual Court hearings in India.Copyright © 2020 Ubiquity Press. All rights reserved.

BRAZILIAN SUPREME COURT AND FEDERALISM: BEFORE AND DURING THE PANDEMIC

This paper investigated how the Brazilian Supreme Court (STF) used to understand division of powers in federative matters before the covid-19 pandemic, which was mainly centralized and based on the nebulous criterion of the predominance of interests for federative conflicts resolution. Then, we conducted a data survey about the STF decisions on conflicts of competences between federated entities. The time cut was from March 2020 to January 2021. The judicial process cut, totaling 93 actions, occurred in the concentrated control actions, for having general and binding effects, and in the civil actions based on the primary competence of the Brazilian Supreme Court, which are intended to resolve federative conflicts. We concluded that the STF works was mostly decentralized since they adopted a renewed understanding about the right to health. This allowed greater autonomy for states and municipalities to define several topics. However, we noticed that the indeterminate principle of the predominance of interests was maintained as a defining criterion for federative conflicts, especially in matters relating to state laws that granted discounts on tuition from private educational institutions (ADIs 6,435, 6,423 and 6,575) and in state laws that allowed state public servants to suspend the payment of voluntary consignment (ADIs 6,484, 6,451 and 6,495). © 2023 Fundacao Getulio Vargas, Escola de Direito de Sao Paulo. All rights reserved.

Mr. Crawford Gets COVID: Courts' Struggle to Preserve the Confrontation Clause During COVID and What It Teaches Us About the Underlying Rights

One of the things courts across the nation struggled with throughout the COVID-19 pandemic was the conflict between preserving defendants' rights under the Confrontation Clause of the Sixth Amendment and implementing the safest public health measures. Measures like masking or virtual testimony recommended by public health officials threatened to abridge defendants' rights. This Note has two primary contentions. First, it will argue that the wide variation in the ways courts chose to resolve this tension revealed a fundamental issue in our Confrontation Clause jurisprudence: Courts have never actually defined the underlying right. In fact, this Note will argue, that the "confrontation right" is more appropriately understood as a bundle of distinct rights which must be carefully prioritized. Second, this Note will argue that the standards used to adopt these modifications were insufficiently rigorous. It proposes, therefore, that it is time for the legislature to intervene as they have in other situations involving modified confrontation, and to provide courts with a structured procedure for authorizing modified witness testimony during times of emergency.

Strategic Adaptation in a Crisis: Treatment Court Responses to COVID-19

This article draws on a case study of how Massachusetts treatment courts responded to the COVID-19 pandemic to address two intersecting theoretical and policy questions: (1) How do actors who work within criminal legal organizations use the law to solve complex social and political problems? (2) How do organizations working within multiple, fragmented organizational fields respond to an exogenous shock? The findings draw on interviews with eighty-four treatment court judges and practitioners and build from neo-institutional approaches to the study of courts to show that legal actors and organizations pursue pragmatic approaches, strategically adapting to their external environments through buffering, which is protective, and innovation, which is transformative. Each strategy reflects the courts' autonomy or dependence on other organizations in the criminal legal and social service fields. The findings also provide insight into the social process of legitimation as personnel aligned beliefs with adaptation strategies, shifting understandings of surveillance practices and the utility of sanctions to meet overall court goals.

Remote Justice in Coronavirus Crisis - Do the Means Justify the Ends, or Do the Ends Justify the Means?

The coronavirus related crisis affected severely all aspects of life and judiciary is no exception. The world has been confronted with new challenges. New circumstances have created significant impact on the functioning of access to justice. New ways of administrating the legal system were introduced in the last decade, allowing for the use of the means of electronic communication, reducing certain stages of court procedures, opting for solutions for peaceful dispute settlement and promoting out-of-court dispute resolution. However, the coronavirus caused, beyond any doubt, severe delays in court proceedings and even shut down courts in some European Union Member States, Croatia included. Thus, additional efforts were required in order to ensure remote justice to citizens and businesses. More importantly, it called for a swift response, issuing and applying emergency measures, to safeguard the right to access courts and provide for effective administration of justice. The paper thus seeks to explore the ways in which European Union Member States responded to emerging challenges and the consequences these challenges had on administration of justice. Croatian example will be introduced specifically due to obvious struggles in handling the coronavirus caused difficulties in national judiciary system. Along with the analysis of measures taken, there are several questions, which need to be answered. What was the level of readiness of the Member States' judiciaries for providing justice by means of electronic communications, with Croatia in focus? What are the effects of measures taken in Croatian judiciary system? Should it be left to the courts or other competent bodies to take actions on a case-to-case basis in order to provide the necessary protection of procedural rights to parties? In terms of the effect of the emergency measures, do they allow for the same or similar quality of remote justice? In conclusion, the paper will try to answer the aforementioned questions, deliberate on the efficiency of measures taken in response to the coronavirus crisis, with Croatia in focus and possibilities of future improvements.

Challenging Court Landscapes and Opportunities for Change

Courts are complex institutions which must constantly adjust to ensure that they are fulfilling their responsibilities to defendants, victims, witnesses, society and others who enter court spaces either virtually or physically. Courts must also manage their relationships with other agencies (whether justice or community) on whom they rely. Courts face an array of challenges in contemporary Australia, including the COVID-19 pandemic which has necessitated courts to pivot from inherently complex systems which are primarily public facing to virtual spaces which must continue to maintain the rule of law and to be open, transparent and subject to scrutiny. This chapter considers other challenges, too, which various courts and those who work in, with or appear before are facing. It assesses a suite of potential micro and macro reforms, advocating for ongoing systemic and structural change. © The Editor(s)(if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.

Abortion Restrictions Threaten All Reproductive Health Care Clinicians

The Supreme Court's decision on Dobbs vJackson will have an impact on reproductive health care provision for years to come, not only where abortion care is now restricted but across the country. As of January 2023,14 states have outlawed or severely restricted abortion.1 Morbidity and mortality around the time of labor is already on the rise nationally, from 658 in 2018 to 861 in 20202-particularly in places where abortion is restricted and labor care is increasingly sparse because of loss of the workforce after the COVID-19 pandemic.3 It is important to understand how the criminalization of abortion providers will affect all other forms of reproductive health care moving forward.In states where abortion care is currently severely limited, clinicians who provide abortion care face criminalization that can include insurmountable legal fees, loss of their medical license, and even imprisonment. Abortion restrictions create a duality in which providers feel they must serve as agents of the state-reporting any suspicious pregnancy-related issues-or have their license called into question, all while trying to best help their patients. Since these laws took effect, we are already seeing delays in health care services for patients needing early pregnancy care management-for abortion as well as miscarriage management and ectopic pregnancies.4 Health care providers may be called on to increase surveillance and report signs of abortion that can violate their protection of HIPAA (the Health Insurance Portability and Accountability Act) rights, while also facing malpractice claims if they, by delaying or denying early pregnancy care management, are providing what medical evidence shows to be substandard care.

On Some of the Theoretical and Practical Problems Accompanying Remote Hearings in the Light of a Fair Civil Trial

It is quite paradoxical that such a negative social phenomenon as the ever-present threat of the SARS-CoV-2 virus and its mutations has contributed to the exceptional acceleration of the widespread adoption of the institution of remote hearings in the area of civil trials in our country. Traditional hearings are no longer the only possible format of public hearing in the form of a trial. We are now witnessing a new quality in the way in which civil cases are heard. Most importantly, the nature of the court's communication with the parties and other participants of such proceedings has changed significantly in the broad sense due to the remote nature of the hearings. At present, the venue where a court gets to hear the parties to proceedings is not only the courtroom in a court building, but also cyberspace. Thus, the landscape and the structure of civil trials have changed considerably. © 2023 Author.

Courts Effective Response during Covid-19 Pandemic Unaltering the Rule of Law - a Critical Study

Corona is a new type of virus that emerged from China country in Asian continent which have created a strong death fear among the people. This Corona has occupied the entire globe within a short span of time many died for want of oxygen. It is the responsibility of the government to extend the constitutional rights such as the right to education, distribution of food, security, etc. Online classes started for all, and measurement is taken to supply food for everybody through the distribution process. To take care of safety and security lockdown imposed everything has come to a total stop in the transportation, shops, offices other than hospitals and related units,judiciary has made a vital role during this period. The police officials have a tough time moving with people as they are not listening to the words of police who advised, politely, requested them to follow, and pleaded. There afterward, taken action and arrested them later produced to the court. We shall keep our environment very clean to avoid the spread of Corona, health is wealth. Indian constitution is very powerful in India and the Disaster Management Act is also laid down in the constitutions. Without violating the constitutions that means unaltering the rule of law right to education has provided to the children through online mode, right to stay, all the citizens can choose the place of stay according to their choice hence during the period of COVID-19 even though they are in abroad they wanted to come back and stay in India for which court permitted and asked the government to follow the rules carefully so that Corona cannot spread due to them The Prime Minister being the head of constitution has to care for equal distribution of food even though in crisis. First survival then rules at that particular point of time court effectively responded means when the country is in crisis due to ACT OF GOD, COVID-19 pandemic by directing the government unaltering the rule of law provides education for all, that is possible only through online mode of education. Even though a lot of problems persist, the net is not available, people are not aware of the technology don't you think that it is a tough task we salute the nation for handling the situation with utmost care effectively and excellently.Copyright © 2020 Ubiquity Press. All rights reserved.

COVID-19-Related Cases before the European Court of Human Rights A Multiperspective Approach

This study overviews how the COVID-19 pandemic is framed in five cases before the European Court of Human Rights (the ECtHR). By reconstructing the heteroglossic system of genres at the ECtHR, the study contributes to the limited literature on the Court's discursive practices and genres. The analysis looks into the framing of the COVID-19 pandemic as a human rights violation and identifies preferred interpretation schemata across the participation framework of the cases considered using critical discourse analysis and framing. The findings identify a scaffolding of dialogical frames, where most applicants advanced politicized frame systems built on the core denial of the existence or seriousness of COVID-19, framing the governments' actions or omissions as civil and political human rights violations. The Governments built on the general healthcare crisis framing, and counterframed societal limitations as agency stemming from a "health and safety first” frame. The Court refuted most of the politicized framing choices and accepted most healthcare-related frames, operating under the "exceptional and unforeseen circumstances” frame. Copyright (©) 2022 Jekaterina Nikitina

Trinidad and Tobago and money laundering control: a country committed to strengthening the link

PurposeIn 2008, the author wrote on the Concept of "Money Laundering Control: The Missing Link in Trinidad and Tobago. Now, approximately two years after that seminal assessment, the author has re-assessed the domestic anti-money laundering (AML) framework, with particular reference to the controls in place to address money laundering (ML) and the confiscation of the proceeds of crime. This paper aims to assess the efficiency and effectiveness of the newly implemented regime and considers whether it meets international standards.Design/methodology/approachThis analysis embraces a pluralist approach. Within this assessment, a case study method is used with contextual qualitative analysis. Empirical data is analyzed and causal connections are linked to the analysis.FindingsThis research highlights catalytic change and creativity in addressing deficiencies within the AML architecture in Trinidad and Tobago. Upon analysis, it is pellucid that a radically altered criminal justice landscape has emerged and a more aggressive and targeted approach to address ML and the confiscation of the proceeds of crime is apparent. The result is a shift in paradigm with tangible outcomes to suggest that the strategies have borne fruit and that the twin island Republic is indeed committed to strengthening the link.Research limitations/implicationsFindings are limited to Trinidad and Tobago and to the period ended April 2020.Originality/valueAs a country with a medium to high ML risk, the possible negative socio-economic effects of ML cannot be underscored. Disruption of ML and the confiscation of the proceeds of crime are, therefore, imperative. This paper considers the progress made in addressing these pertinent issues and assists in assessing the effects of the reformation efforts undertaken by Trinidad and Tobago.

Impact of public protests on Education system: a case of 2021 political unrest in South Africa

The peaceful environment of South African communities witnessed sudden civil unrest that led to the wanton destruction of public and private properties between 9-17 July 2021. The civil unrest which aggravated on daily basis within this period also culminated in massive looting in both KwaZulu-Natal Province and Gauteng Province. During the disturbances, the protestors looted and set ablaze many stores and warehouses. The turmoil was also extended to some schools, with some private and public schools looted and vandalized. Hence, this article aimed to explore the impact of this unrest on schools and to establish how teaching and learning had been affected in these South African institutions. Therefore, in this systematic review, we analysed the impact of political unrest on the education system in South Africa. A total of 139 schools were affected in Kwazulu-Natal, with six schools razed by fire, 30 damaged, and 95 schools looted. Thus, a total of 139 schools were affected. However, at the time of this article, the degree of damage in 8 other Schools was unknown. It was noted that, of the six schools set ablaze, four were only slightly damaged and two were fully destroyed. Furniture and other items such as food items the Schools Nutrition Program and offices were destroyed. Doors, windows, and others were also broken. This indicated that learners would be temporarily relocated from the burnt schools to locations where the government provided temporary classrooms for these schools. Conversely, rebuilding the damaged buildings and replacement of stolen school supplies will cost the Department of Basic Education millions of rands.