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Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/30542

Title: Rationing in Pandemics: Administrative and Private Law Challenges
Authors: Chapman, Blake Austin
Advisor: Lemmens, Trudo
Department: Law
Keywords: rationing
pandemics
private law
administrative law
torts
law
Issue Date: 6-Dec-2011
Abstract: Rationing of lifesaving resources in pandemics is likely to be an increasingly relevant issue. While the broad legal and ethical implications of pandemic preparedness have been explored at length, little attention has been paid to the legal issues associated with rationing. This thesis seeks to analyze the potential for administrative and private law challenges to governments’ rationing of vaccines, ventilators and antivirals. The wide variety of statutory authorities, and their associated conditions and discretionary limitations, that governments may rely on for mandating rationing protocols, makes them susceptible to administrative law challenges on the grounds of errors of jurisdiction. An analysis of the tort liability of governments, hospitals and physicians suggests that negligence suits will likely not be successful due to a lack of proximity required for a private law duty of care, the policy-making immunity of governments and a contextual standard of care.
URI: http://hdl.handle.net/1807/30542
Appears in Collections:Master

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