The Law and Social Distancing
Document Type
Oral Presentation
Campus where you would like to present
Ellensburg
Event Website
https://digitalcommons.cwu.edu/source
Start Date
18-5-2020
Abstract
It goes without saying that we are in an unprecedented time, both American as well as global history amidst the COVID-19 outbreak. Of the innumerable changes the virus has affected within our lives, perhaps the most prevalent has been in the utilization of “social distancing” protocols enacted in most states, which serve to protect against the continued spread of the virus by greatly restricting our ability to gather publicly. However, despite the altruistic nature of the protocols, we have heard repeatedly stressed throughout the news and media that all have not been in total compliance. With some jurisdictions going so far as to attempt to enact policies that would allow for fines or other modes of punishment of being found in violation of the protocols, many states and other local governments have been scrambling to do what they can to encourage mass compliance without having to go so far as to enter “shelter in place”-like orders. The purpose of this project is to evaluate the extent to which civil liability beneath a theory of negligence for persons found to be in violation of the social distancing suggesting could serve as an effective remedy to this rapidly evolving public health problem. Negligence is grounded by four key elements in civil law: duty, breach, causation, and damages. Within this project, we want to apply this framework to individuals who refuse to observe social distancing. For example, beginning with duty, we are interested in assessing where exactly it is that the threshold of duty may become implicated – such as in the enactment of social distancing orders, or perhaps even sooner. We will then continue our analysis through each of the elements of civil liability beneath a theory of negligence for individuals who violate the social distancing protocols enacted in their jurisdictions to determine if and how effective of a remedy civil law may be able to provide in the face of these confusing and tumultuous times. College of the Sciences Presentation Award Winner.
Recommended Citation
Hogan, Mariah, "The Law and Social Distancing" (2020). Symposium Of University Research and Creative Expression (SOURCE). 68.
https://digitalcommons.cwu.edu/source/2020/COTS/68
Department/Program
Law & Justice
Additional Mentoring Department
https://cwu.studentopportunitycenter.com/2020/04/the-law-and-social-distancing-2/
The Law and Social Distancing
Ellensburg
It goes without saying that we are in an unprecedented time, both American as well as global history amidst the COVID-19 outbreak. Of the innumerable changes the virus has affected within our lives, perhaps the most prevalent has been in the utilization of “social distancing” protocols enacted in most states, which serve to protect against the continued spread of the virus by greatly restricting our ability to gather publicly. However, despite the altruistic nature of the protocols, we have heard repeatedly stressed throughout the news and media that all have not been in total compliance. With some jurisdictions going so far as to attempt to enact policies that would allow for fines or other modes of punishment of being found in violation of the protocols, many states and other local governments have been scrambling to do what they can to encourage mass compliance without having to go so far as to enter “shelter in place”-like orders. The purpose of this project is to evaluate the extent to which civil liability beneath a theory of negligence for persons found to be in violation of the social distancing suggesting could serve as an effective remedy to this rapidly evolving public health problem. Negligence is grounded by four key elements in civil law: duty, breach, causation, and damages. Within this project, we want to apply this framework to individuals who refuse to observe social distancing. For example, beginning with duty, we are interested in assessing where exactly it is that the threshold of duty may become implicated – such as in the enactment of social distancing orders, or perhaps even sooner. We will then continue our analysis through each of the elements of civil liability beneath a theory of negligence for individuals who violate the social distancing protocols enacted in their jurisdictions to determine if and how effective of a remedy civil law may be able to provide in the face of these confusing and tumultuous times. College of the Sciences Presentation Award Winner.
https://digitalcommons.cwu.edu/source/2020/COTS/68
Faculty Mentor(s)
Robert Claridge