COVID-19 and the Law: Disruption, Impact and Legacy

doi:10.1017/9781009265690

The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies the right questions to ask as we take stock of pandemic realities and provides guidance for the many stakeholders of COVID-19's legal legacy. This book is also available as Open Access on Cambridge Core.

‘COVID-19 and the Law offers a critical reflection on the successes and failures of the health system, as well as the law and ethics that undergird it. Edited by world class scholars at Harvard and Yale, this book offers crucial lessons on how we can be better prepared for the next pandemic, which is all but inevitable. With more than a million deaths in the US, and still counting, why was the response so weak? This book probes this crucial question through the multidisciplinary lens of law, medicine, science, and politics. This book must be on the essential reading list of anyone who wants to understand this unprecedented pandemic, and how it will impact our future.’

Lawrence Gostin - O’Neill Professor of Global Health Law, Georgetown University and Director, WHO Collaborating Center on National and Global Health Law

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Contents

COVID-19 and the Law
pp i-ii
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COVID-19 and the Law - Title page
pp iii-iii
Disruption, Impact and Legacy
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Copyright page
pp iv-iv
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Dedication
pp v-vi
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Contents
pp vii-x
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Figures
pp xi-xii
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Tables
pp xiii-xiv
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Contributors
pp xv-xviii
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Acknowledgments
pp xix-xx
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Introduction
pp 1-10
- By Katherine L. Kraschel, I. Glenn Cohen, Abbe R. Gluck, Carmel Shachar
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Part I - The Health Care System That COVID-19 Encountered
pp 11-86
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Introduction
pp 13-16
- By Carmel Shachar
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1 - COVID-19 and Clinical Ethics
pp 17-27
Reflections on New York’s 2020 Spring Surge
- By Joseph J. Fins
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2 - Patients First, Public Health Last
pp 28-41
- By Richard S. Saver
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3 - Risk, Responsibility, Resilience, Respect
pp 42-57
COVID-19 and the Protection of Health Care Workers
- By William M. Sage, Victoria L. Tiase
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4 - Post-Truth Won’t Set Us Free
pp 58-72
Health Law, Patient Autonomy, and the Rise of the Infodemic
- By Wendy E. Parmet, Jeremy Paul
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5 - Structural Factors Related to COVID-19 Disparities
pp 73-86
- By Saida I. Coreas, Erik J. Rodriquez, Eliseo J. Pérez-Stable
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Part II - COVID-19, Disparities, and Vulnerable Populations
pp 87-140
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Introduction
pp 89-90
- By Asees Bhasin
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6 - Tolerating the Harms of Detention, With and Without COVID-19
pp 91-104
- By Jaimie Meyer, Marisol Orihuela, Judith Resnik
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7 - COVID-19 and Racial Justice in America
pp 105-115
- By Scott J. Schweikart, Fernando De Maio, Mia Keeys, Joaquin Baca, Brian Vandenberg, Aletha Maybank
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8 - Access to Scarce Interventions
pp 116-128
Age and Disability
- By Govind Persad, Jessica L. Roberts
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9 - Humane and Resilient Long-Term Care
pp 129-140
A Post-COVID-19 Vision
- By Nina A. Kohn
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Part III - Government Response and Reaction to COVID-19
pp 141-218
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Prologue
pp 143-148
- By Marcella Nunez-Smith
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Introduction
pp 149-152
- By Abbe R. Gluck
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10 - Federalism, Leadership, and COVID-19
pp 153-166
Evolving Lessons for the Public’s Health
- By Nicole Huberfeld
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11 - COVID-19 Reveals the Fiscal Determinants of Health
pp 167-178
- By Matthew B. Lawrence
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12 - Legislating a More Responsive Safety Net
pp 179-192
- By Andrew Hammond, Ariel Jurow Kleiman, Gabriel Scheffler
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13 - Eradicating Pandemic Health Inequities
pp 193-205
Health Justice in Emergency Preparedness
- By Ruqaiijah Yearby
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COVID-19 and the Law

Disruption, Impact and Legacy

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