Creighton Meland: Recent Episodes
Creighton Meland
Legal issues, including pandemic litigation, nondelegation, constitutional rights and statutory interpretation. Commentary about life and careers in big law.
October 25 is the anniversary of the event immortalized by Tennyson. This material is in the public domain.
This podcast examines whether BlackRock's corporate governance policies promote long-term shareholder value.
This podcast describes recent changes in Sweden's government and the signals they send.
This podcast examines whether Vanguard’s corporate governance policies promote long-term shareholder value.
This podcast critiques proposed Department of Transportation rules concerning airline ticket refunds and consumer protections.
This podcast Part VII explores the SEC's inconsistent handling of no action requests arising from shareholder proposals.
This podcast Part VI discusses SEC Rule 14a-8's ordinary business exclusion, with emphasis on shareholder proposals related to employment discrimination.
This podcast Part V furnishes background history of SEC Rule 14a-8's ordinary business exclusion.
This podcast Part IV analyzes the evolving role of SEC Rule 14a-8's substantially-implemented exclusion for shareholder proposals.
This podcast Part III discusses how shareholder proponents may prove ownership under SEC Rule 14a-8.
This podcast Part II discusses the basic requirements for submission of shareholder proposals under SEC Rule 14a-8.
This Part I explains the relevance of the book entry securities system to corporate governance and shareholder proposals.
This podcast describes how multinationals mismanage their business and squander shareholder capital in the name of social justice.
This podcast examines whether human trafficking cartels will expand to facilitate global migrations to America.
This podcast critiques climate change disclosure rules proposed by the Securities and Exchange Commission.
This podcast discusses the problem of leaders who may be personally compromised and compares the Cuban Missile Crisis to the present situations in Ukraine and Taiwan.
This podcast evaluates President Biden’s call to repeal liability immunity for firearms manufacturers and sellers and his calls to ban ghost guns.
This podcast critiques school district programs that promote diversity, equity and inclusion.
In this podcast you will learn about problems created by tracking things that can't be measured.
In this podcast you will learn how to see a firing coming and what to do if it happens.
In this podcast, you will learn how to recognize big law firm distress and what to do about it.
In this podcast you will learn about changes to the legal profession and how to handle them.
In this podcast you will learn how requirements for diversity, inclusion and sensitivity affect life in big law.
In this podcast, you will learn how to get the most out of a relationship with a career coach.
In this podcast, you will learn about the challenge to OSHA's vaccination mandate pending before the Fifth Circuit.
In this podcast, you will learn about OSHA's COVID-19 Vaccination Emergency Temporary Standard
In this podcast, you will receive insights about performance that may not be intuitively apparent.
On this St. Crispin's day, hear Henry V's speech at Agincourt. W. Shakespeare, King Henry the Fifth, Act IV, Scene III. This material is in the public domain.
In this podcast, you will learn to evaluate law firm transparency, teamwork and practice subspecialties.
In this podcast you will learn about the class action lawsuit brought by United Airlines employees who are resisting the company’s COVID-19 vaccination mandate.
In this podcast episode, you will learn about varying law firm governance structures and how they affect career development.
In this podcast, you will learn whether health care workers enjoy the right to refuse mandatory COVID-19 vaccinations under the Illinois Health Care Right of Conscience Act.
In today's podcast episode you will learn about work-life balance and finding deeper meaning.
In this podcast episode, you will learn about leadership, supervision, visibility and gravitas.
In this podcast, you will learn why the Illinois Governor lacks statutory authority for the state's COVID-19 vaccination requirement. You can find more discussion of these separation of powers issues in my book:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
In this podcast, you will learn of the challenges to addressing Lyme disease, which is misdiagnosed and misunderstood. This episode concludes the series on the subject of Lyme disease.
In this podcast episode, you will learn about jurisdiction-specific protections for Lyme disease patients and the medical professionals that treat them.
In this podcast episode, you will learn about unresolved legal issues attributable to IDSA and CDC guidance.
In this podcast episode, you will learn whether the Interstate Medical Licensing Compact helps Lyme disease patients receive treatment across state lines.
In this podcast episode, you will learn about the limits to telemedicine as applied to Lyme disease.
In this podcast episode, you will learn that, despite good intentions, the 21st Century Cures Act does not help Lyme disease patients.
This podcast episode discusses Lyme disease caselaw involving wrongful discharge and employment discrimination, medical standards and malpractice determinations, health insurance coverage disputes and workers' compensation. It concludes with a summary of the effects on the public of Lyme disease caselaw.
This podcast episode discusses legal standards to determine disability arising from Lyme disease.
This podcast episode discusses state Lyme disease laws related to compulsory treatment, veterinary reporting, tick-borne disease warning signs and workers' compensation.
Today’s podcast episode critiques laws that require insurance companies to report data about Lyme disease treatment and claims.
On August 26, 2021, the United States Supreme Court upheld a lower court ruling that invalidated the federal tenant eviction moratorium issued by the United States Centers for Disease Control and Prevention (“CDC”). This ruling should end the CDC’s tenant eviction moratorium unless Congress steps in. In Alabama Association of Realtors v. Department of Health and Human Services, the high court upheld the district court’s ruling that that CDC lacks statutory authority for its tenant eviction moratorium. The high court noted that the CDC “has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination.” The per curiam opinion allows to go forward the district court order invalidating the moratorium, which ruling had been stayed by a ruling of the United States Court of Appeals for the D.C. Circuit. The court found the CDC has power to prevent the interstate spread of disease by “identifying, isolating and destroying the disease itself,” and that the “downstream connection between eviction and the interstate spread of disease is markedly different from the direct targeting of the disease that characterizes measures identified in the statute.” The court correctly noted that a reading to permit an eviction moratorium would make it “hard to see what measures this interpretation would place outside CDC’s reach.” The court then offered several specific examples such as free grocery delivery for the sick and free computers for stay-at-home schooling.
Justice Breyer’s dissent raised a number of criticisms. One was that “the CDC’s current order is substantially more tailored than its prior eviction moratorium. . . .” Justice Breyer seems to want to treat this like some kind of constitutional review of narrow tailoring, but this is about statutory interpretation. Better tailoring says nothing about how to read the statute. The dissent also notes a history of health officials containing the spread of disease by preventing the movement of people. It cites a New York Times article from 1920, more than twenty years before the statute in question was enacted. This detour from the subject at hand involved police powers of states, which is entirely different from federal power, which is enumerated and limited. The dissent does, however, cite legislative history of the federal statute under review, but legislative history is not the will of the body that enacted the law and should not resolve questions like this. Finally, Justice Breyer notes the emergency of the delta variant and that COVID-19 cases have spiked in recent weeks. I for one have found interesting courts’ willingness to introduce new evidence not on the record when it protects the government, but not in support of a challenger. For example, one who demonstrates that masks and lockdown orders do no good will not be heard.
Something important is missing from this opinion, which I discuss in my book, COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation.
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
Specifically, there is no discussion anywhere of nondelegation problems. If the court were to adopt Justice Breyer’s statutory reading, there is a serious nondelegation problem. The majority opinion gets to this in a way by warning of the endless and open-ended powers the CDC wou
Today’s podcast episode identifies Lyme disease awareness and prevention programs and other forms of state government support.
Today’s podcast episode evaluates laws that set professional standards for treating Lyme disease.
This podcast discusses the Kentucky Supreme Court's ruling that upholds a law limiting the Governor's pandemic-related powers.
Today's podcast episode discusses state laws that address health insurance coverage issues associate with Lyme disease.
This podcast episode describes how Lyme disease treatment protocols may involve antitrust violations by IDSA and CDC.
https://podcasts.apple.com/us/podcast/creighton-meland/id1578702461
This podcast episode explains Lyme disease treatment standards and the effects these standards have on care and insurance coverage.
This podcast episode discusses the discord between medical societies concerning the proper treatment of Lyme disease.
This episode discusses characteristics and problems with Lyme disease detection and diagnosis.
Yesterday the CDC issued important guidance on the COVID-19 vaccine for immunocompromised persons. The guidance furnishes some surprising recommendations and creates some unanswered questions.
This first in a series identifies the origins, causes, symptoms and treatments of Lyme disease. It also explains why Lyme disease is medically controversial.
This podcast discusses how Lyme disease patients and their physicians handle medical issues that the COVID-19 vaccine may present to Lyme patients.
This Epilogue discusses the United States Supreme Court's August 12, 2021 order that enjoined enforcement of a New York eviction moratorium.
You can find further discussion of this topic in COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This Epilogue evaluates the Illinois Governor's school mask order.
If you found this Epilogue helpful, you may be interested in COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This Epilogue discusses the CDC's renewed residential eviction moratorium, issued without statutory authority and in defiance of the United States Supreme Court.
If you found this Epilogue helpful, you may be interested in COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This Epilogue discusses the challenge to Indiana University's student COVID-19 vaccination requirement.
Further discussion can be found in COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode presents the conclusions of my research and, save for a possible epilogue, completes the discussion of that research.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode explains how courts shirk their constitutional duties when they fail to perform a searching analysis to find statutory meaning.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode explains how to modify the level of judicial scrutiny to address judicial missteps in matters of business closures, stay at home orders and remote learning requirements.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast critiques courts' handling of pandemic-related challenges to business closure orders.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast critiques courts' handling of pandemic-related challenges to restraints on in-person schooling.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode discusses how stay-at-home orders may violate the constitutional right to travel and how courts have handled right-to-travel assertions in pandemic litigation.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode explains why courts must take seriously nondelegation concerns in adjudicating pandemic orders of the executive branch.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode critiques modern courts' reflexive following of Jacobson v. Massachusetts in resolving COVID-19 pandemic disputes.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This episode discusses how courts have handled COVID-19 pandemic litigation when two emergency laws conflict or when an emergency law does not reference pandemics or disease.
This is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast addresses how courts have handled pandemic executive orders when statutes would appear to show they have expired. Does the governor have authority to renew the order, or must he or she obtain approval of the state legislature?
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast discusses challenges to COVID-19 pandemic orders arising under theories of substantive due process. Please note some case references are made to those discussed in previous podcasts concerning COVID-19 pandemic litigation.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast discusses procedural due process challenges to COVID-19 pandemic orders.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast discusses cases that challenge COVID-19 pandemic regulations as regulatory takings.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast identifies, analyzes and critiques pandemic-related equal protection claims brought by businesses against states.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This podcast discusses COVID-19 litigation involving challenges to pandemic orders arising under the Free Exercise Clause of the First Amendment.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This second in a series of podcasts concerning COVID-19 pandemic litigation will discuss how courts have applied the nondelegation doctrine to COVID-19 disputes.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1
This first part of a series discusses governmental authority to close schools, require masks, require citizens to shelter in place and to close businesses. It discusses how states vary in their approaches to executive emergency power. At the federal level, this first part explores federalism issues and analyzes statutes that authorize executive action.
This podcast is an excerpt from COVID-19 Litigation: A Discourse on Nondelegation, Constitutional Rights and Statutory Interpretation. This first-of-its-kind analysis of pandemic litigation is available on Amazon at:
https://www.amazon.com/COVID-19-Pandemic-Litigation-Constitutional-Interpretation/dp/B09733DTVT/ref=sr_1_1?dchild=1&keywords=COVID-19+pandemic+litigation&qid=1624303183&s=books&sr=1-1