Learn more about Peltz-Steele v. UMass Faculty Federation at Court Listener (complaint) and the Liberty Justice Center. The case is now on appeal in the First Circuit as no. 22-1466 (PACER paywall). Please direct media inquiries to Kristen Williamson.

Wednesday, September 29, 2021

Scholar in torts, comparative law publishes book on Chinese law, article on slow WHO pandemic response

Professor Chenglin Liu has completed two new and exciting projects of interest to lawyers and legal educators.

A torts professor on the faculty of St. Mary's University School of Law in San Antonio, Texas, Professor Liu kindly joined my Comparative Law class via Zoom in the spring to talk about coronavirus legal issues and public health regulation in the People's Republic of China.  His visit generated more discussion and questions than we had time for.

Professor Liu has now completed a landmark book, Chinese Law in Context (CAP 2021) (Amazon).  The publisher's prĂ©cis reports:

Chinese Law in Context provides a unique perspective on the Chinese legal system. It first offers insight into Chinese legal history and the impact of Confucianism. Then, by examining significant scandals and corruption during the past two decades, the book analyzes constitutional law, property law, and tort law from a comparative perspective. It also covers food and drug safety laws and regulations, which are rarely addressed in other works but are increasingly critical in the context of U.S.-China bilateral trade relations.

Prof. Liu
A teacher's manual is forthcoming.

Professor Liu also has published a new article relevant to the pandemic, The World Health Organization: A Weak Defender Against Pandemics.  Consistently with Professor Liu's expertise in tort law, the article contemplates causation as between WHO management of the coronavirus and responsibility for its impact.  Here is the abstract:

Why did the World Health Organization (WHO) not act in a timely fashion to declare the coronavirus outbreak a Public Health Emergency of International Concern (PHEIC)? If it had done so, could the United States have heeded the warning and controlled the spread of the virus? Is the WHO’s delay a factual cause of the calamities that the United States has suffered? This article addresses these questions. Part I examines the development of the WHO and its governance mechanism, major powers and limits, and past achievements and failures. It also explores how the WHO responded to the COVID-19 pandemic and what could have been done—but was not done—in the early stages. Part II analyzes why the United States failed to effectively respond to the COVID-19 public health crisis. Part III concludes that the WHO did not, and in the future will not, have the power and courage to make a prompt PHEIC declaration because of institutional constraints. However, the WHO’s delay in acting was not a factual cause of the harm suffered in the United States because the Trump Administration would not have acted differently even if the WHO issued the PHEIC warning swiftly.

The article appears in 28:2 Virginia Journal of Social Policy and Law (2021).

No comments:

Post a Comment