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Category: State Law

Constitutional Constraints on Lawyer Licensing in the Age of COVID-19

Constitutional Constraints on Lawyer Licensing in the Age of COVID-19

The COVID-19 pandemic has profoundly disrupted the courts and the legal profession, just when access to justice is most needed. The public health crisis has generated a host of legal issues in areas as diverse as disaster relief, health law, disability issues, insurance, employment law, criminal justice, domestic violence, and civil rights. The need for lawyers to address these issues is great, but courts are struggling to license new lawyers due to the serious health consequences of administering the bar…

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CUSTODY AND VISITATION IN A PANDEMIC

CUSTODY AND VISITATION IN A PANDEMIC

Either voluntarily or through court order, most separated and divorced parents have established parenting plans that outline custody and visitation obligations. But what happens to these orders when a global pandemic rages through our communities?  Can parents unilaterally  refuse to engage in custodial transfers or keep the other parent from visiting while a government shelter-in-place order is in place? Anecdotally, family law attorneys report that the single biggest issue for their clients right now seems to be whether the regular…

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Life Hangs in the Balance: Weighing Coronavirus Church Closings Against the RFRA

Life Hangs in the Balance: Weighing Coronavirus Church Closings Against the RFRA

On March 27, the Hillsborough County Emergency Policy Group unanimously issued an order restricting the gatherings of non-essential businesses and services. The Rev. Rodney Howard-Browne responded that he would only cancel church services for the Rapture and that pastors who canceled services were “pansies.” After holding church services on March 29, county authorities arrested Howard-Browne for unlawful assembly and violating the public health emergency order. While the Religious Freedom Restoration Act (RFRA) of 1993 applies only to the federal government,…

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Sorry, Not Sorry: Temporary Practice in a Pandemic

Sorry, Not Sorry: Temporary Practice in a Pandemic

The American Bar Association (ABA) Board of Governors has issued a policy resolution urging states to adopt emergency rules that would authorize recent law graduates to engage in supervised law practice until the COVID-19 pandemic allows administration of the next bar exam. The ABA’s guidance encourages states to terminate these limited licenses if an applicant does not take or pass a bar examination by the end of 2021. This resolution sends a mixed message: On the one hand, emergency licensing…

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