The Ayn Rand Nightmare

About this Episode

It’s our ebola episode. You know, I think that’s description enough.

This show’s links:

• Fazal Khan’s profile and his writing
• Our U.S. News rankings episode, Heart of Darkness
• More on the debate about state courts’ following federal circuit courts (relevant to the gay marriage rulings) that arose during our episodes with Michael Dorf and with Steve Vladeck: (1) a post by Michael Dorf, (2) a post by Steve Vladeck, and (3) a post by Christian Turner
• About Ebola virus diseased and about Ebola in the United States
• The CDC’s information page on Ebola transmission and Review of Human-to-Human Transmission of Ebola Virus
• Michael Dorf, Is There Any Risk of Ebola Transmission from an Asymptomatic Person?
• EM Leroy et al., Human Asymptomatic Ebola Infection and Strong Inflammatory Response
• Gostin, Hodge, and Burris, Is the United States Prepared for Ebola
• Tavernise, Shear, and Cooper (for the NY Times), Seeking Unity, U.S. Revises Ebola Monitoring Rules
• Laura Donohue, Biodefense and Constitutional Constraints (an excellent history of US and UK quarantine law)
• Josh Hicks, A Brief History of Quarantines in the United States (a very short timeline in the Washington Post) and Peter Tyson, A Short History of Quarantine (a more detailed and global timeline)
• Jacobson v. Massachusetts; see also James Colgrove and Ronald Bayer, Manifold Restraints: Liberty, Public Health, and the Legacy of Jacobson v Massachusetts
• Tara Ragone, State Quarantines: Balancing Public Health with Liberty Interests (a very helpful blog post discussing issues and authorities relevant to the Kaci Hickox case)
• Jared Cole (for the Congressional Research Service), Federal and State Quarantine and Isolation Authority
• Gostin, Burris, and Lazzarini, The Law and the Public's Health: A Study of Infectious Disease Law in the United States
• About Philadelphia’s Yellow Fever epidemic of 1793
• The text of the Public Health Service Act (containing the authority for federal quarantine and isolation)
• Jew Ho v. Williamson
• Norimitsu Onishi (for the NY Times), Quarantine for Ebola Lifted in Liberia Slum
• Michael Dorf, Containing Ebola: Quarantine and the Constitution
• Arjun Jaikumar, Red Flags in Quarantine: The Questionable Constitutionality of Federal Quarantine After NFIB v. Sebelius
• Mark Rothstein, From SARS to Ebola: Legal and Ethical Considerations for Modern Quarantine
• Morgan’s Steamship Co. v. Louisiana Board of Health (upholding the constitutionality of state quarantine)
• CDC, Interim U.S. Guidance for Monitoring and Movement of Persons with Potential Ebola Virus Exposure
• See section 604 of the The Model State Emergency Health Powers Act
• Fazal Khan, Ensuring Government Accountability During Public Health Emergencies
• City of Newark v. J.S. (analyzing the Due Process and statutory rights of a “non-compliant,” TB-infected, homeless man)
• Greene v. Edwards (awarding a state writ of habeas corpus in a TB isolation case)
• About the 2007 tuberculosis scare caused by the travel of Andrew Speaker
• Fidler, Gostin, and Markel, Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics (also discussing the Andrew Speaker incident)
• Compagnie Francaise de Navigation a Vapeur v. Louisiana State Board of Health
• Wendy Parmet, AIDS and Quarantine: The Revival of an Archaic Doctrine (interesting, among other reasons, for the fact it was written in 1985 in the midst of the relative early days of the AIDS crisis)
• City of New York v. New Saint Mark’s Baths
• Randy Shilts, And the Band Played On
• About the John Warner National Defense Authorization Act of 2007, the Posse Comitatus Act, and the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013
• Mathews v. Eldridge (and, yes, there are only three factors)
• Daniel Markovits, Quarantines and Distributive Justice
• Helene Cooper and Michael Shear, Joint Chiefs Chairman Urges 21-Day Quarantine for Troops Working in Ebola Zone