Medical Law Others

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

Edited by I. Glenn Cohen · Abbe Gluck · Katherine Kraschel · Carmel Shachar
Cambridge University Press November 2023

Specifications

ISBN-13
9781009265720
Publisher
Cambridge University Press
Publication
November 2023
Format
Paperback

Details

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.

Table of Contents

Part I. The Health Care System that COVID-19 Encountered:
1. COVID-19 and clinical ethics: reflections on New York's 2020 spring surge Joseph J. Fins
2. Patients first, public health last Richard S. Saver
3. Risk, responsibility, resilience, respect: COVID-19 and the protection of health care workers William M. Sage and Victoria L. Tiase
4. Post-truth won't set us free: health law, patient autonomy, and the rise of the infodemic Wendy E. Parmet and Jeremy Paul
5. Individual and structural factors that fueled COVID-19 disparities Saida I. Coreas, Erik J. Rodriquez, and Eliseo J. Pérez-Stable

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6. Tolerating the harms of detention: with and without COVID-19 Jaimie Meyer, Marisol Orihuela, and Judith Resnik
7. A bend toward greater realized health equity and racial justice: how the confluence of the COVID-19 pandemic and structural racism will monumentally shape American law and policy Scott J. Schweikart, Fernando De Maio, Mia Keeys, Joaquin Baca, Brian Vandenberg, and Aletha Maybank
8. Access to vaccines and critical care treatments for older people and people with disabilities Govind Persad and Jessica L. Roberts
9. Humane and resilient long-term care: a post-COVID-19 vision Nina A. Kohn

Part III. COVID-19, Disparities, and Vulnerable Populations:
10. Federalism, leadership, and COVID-19: evolving lessons for the public's health Nicole Huberfeld
11. Coronavirus reveals the fiscal determinants of health Matthew B. Lawrence
12. Legislating a more responsive safety net Ariel Jurow Kleiman, Gabriel Scheffler, and Andrew Hammond
13. Eradicating pandemic health inequities: health justice in emergency preparedness Ruqaiijah Yearby
14. The Jacobson question: individual rights, expertise, and public health necessity Lindsay Wiley

Part IV. Innovation during COVID-19:
15. Innovation law and COVID-19: promoting incentives and access for new health care technologies Rachel E. Sachs, Lisa Larrimore Ouellette, W. Nicholson Price II, and Jacob S. Sherkow
16. Addressing exclusivity issues during the COVID-19 pandemic and beyond Michael S. Sinha, Sven J. R. Bostyn, and Timo Minssen
17. Vulnerable populations and vaccine injury compensation: the need for legal reform Katharine Van Tassel and Sharona Hoffman

Part V. Opening New Pathways for Health Care Delivery and Access:
18. Telehealth transformation in COVID-19 Ryan P. Knox, Laura C. Hoffman, Asees Bhasin, and Abbe R. Gluck
19. Changes in the provision of take-home methadone for people with opioid use disorder during the COVID-19 pandemic: implications for future policymaking Zoe M. Adams, Taleed El-Sabawi, William H. Coe, Hannah Batchelor, Janan Wyatt, Mona Gandhi, Ida Santana, and Ayana Jordan
20. Reproductive justice after the pandemic: how 'personal responsibility' entrenches disparities and limits autonomy Rachel L. Zacharias, Elizabeth A. Dietz, Kimberly Mutcherson, and Josephine Johnston
21: Abortion at-home and at-law during a pandemic Joanna N. Erdman

Part VI. Intro Global Responses to COVID-19 duction:
22. COVID-19 and national public health regimes: whither the post Washington consensus in public health? Tess Wise, Gali Katznelson, Carmel Shachar, and Andrea Louise Campbell
23. A functionalist approach to analyzing legal responses to COVID-19 across countries: comparative insights from two global symposia Joelle Grogan and Alicia Ely Yamin
24: A tale of two crises: COVID-19, climate change, and crisis response Daniel Farber
25: Vaccine tourism, federalism, nationalism I. Glenn Cohen
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