Weak respiratory muscles may suddenly fatigue, producing precipitous respiratory collapse. Elective intubation is preferable to emergency intubation or respiratory arrest. The standard 20/30 rule (FVC less than 20 ml/kg or NIF less than 30 cmH20) are the best indicators of the need for ventilator support.
Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The decision overturned the decision of the earlier Schenck v. United States (1919), which had established clear and present danger as the constitutional limit for speech.
Harvard officials reply that their approach is legally sound and has been ratified in repeated court rulings, including the Bakke case and the 2003 Supreme Court decision in Grutter v. Bollinger, which upheld affirmative action procedures at the University of Michigan law school.