Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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Barnett v. MacArthur

Dockets: 16-17179, 18-12238

Opinion Date: April 15, 2020

Judge: Jordan

Areas of Law: Civil Rights, Constitutional Law

Plaintiff filed suit under 42 U.S.C. 1983, alleging that defendants violated her Fourth Amendment rights by falsely arresting her and by unlawfully detaining her. Plaintiff also alleged state law claims for false imprisonment and malicious prosecution. The Eleventh Circuit reversed the district court's grant of summary judgment in favor of the Sheriff on the Monell claim related to plaintiff's detention. Because plaintiff was kept in custody pursuant to (and because of) the Sheriff's mandatory eight-hour hold policy after her two breathalyzer test results registered blood-alcohol readings of 0.000 and after she posted bond, the only remaining question is whether a reasonable jury could find that the hold policy, as applied to plaintiff violated her Fourth Amendment rights. The court agreed with the Fifth Circuit that, following a warrantless DUI arrest based on probable cause, officers do not have an affirmative Fourth Amendment duty to investigate or continually reassess whether the arrestee is or remains intoxicated while in custody. The court held that where, as here, the officers seek and obtain information which shows beyond a reasonable doubt that the arrestee is not intoxicated—in other words, that probable cause to detain no longer exists—the Fourth Amendment requires that the arrestee be released. In this case, a reasonable jury viewing the evidence in the light most favorable to plaintiff could find that her continued detention pursuant to the Sheriff's eight-hour hold policy violated the Fourth Amendment. The court affirmed in all other respects.

Carroll v. Carnival Corp.

Docket: 17-13602

Opinion Date: April 15, 2020

Judge: Jordan

Areas of Law: Personal Injury

After plaintiff tripped over the leg of a lounge chair while she was walking through a narrow pathway on a Carnival cruise ship, she filed suit alleging that Carnival negligently failed to maintain a safe walkway and failed to warn her of that dangerous condition. The Eleventh Circuit reversed the district court's grant of summary judgment to Carnival, holding that the district court, in concluding that the condition was open and obvious and that Carnival lacked notice, failed to draw all factual inferences in favor of plaintiff. Furthermore, even if the allegedly dangerous condition were open and obvious, that would only defeat the failure to warn claim, and would not bar the claim for negligently failing to maintain a safe walkway. Therefore, the court held that plaintiff presented evidence creating a genuine dispute of material fact as to whether Carnival negligently maintained an unsafe walkway. In this case, a reasonable jury could find that at least some chairs were in the lay-flat position and out of order, and thus conclude that Carnival negligently maintained an unsafe walkway that fell below industry standards. Accordingly, the court remanded for further proceedings.