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Routledge Handbook of Law and the COVID-19 Pandemic

Routledge Handbook of Law and the COVID-19 Pandemic
Author: Joelle Grogan
Publisher: Routledge
Total Pages: 370
Release: 2022-05-16
Genre: Law
ISBN: 1000582132
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The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.

Contractual Performance and COVID-19

Contractual Performance and COVID-19
Author: Franz Schwarz
Publisher: Kluwer Law International B.V.
Total Pages: 610
Release: 2021-11-25
Genre: Law
ISBN: 9403526343
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As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

American Contagions

American Contagions
Author: John Fabian Witt
Publisher: Yale University Press
Total Pages: 185
Release: 2020-08-31
Genre: Political Science
ISBN: 0300257775
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A concise history of how American law has shaped—and been shaped by—the experience of contagion“Contrarians and the civic-minded alike will find Witt’s legal survey a fascinating resource”—Kirkus, starred review “Professor Witt’s book is an original and thoughtful contribution to the interdisciplinary study of disease and American law. Although he covers the broad sweep of the American experience of epidemics from yellow fever to COVID-19, he is especially timely in his exploration of the legal background to the current disaster of the American response to the coronavirus. A thought-provoking, readable, and important work.”—Frank Snowden, author of Epidemics and Society From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history’s answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?

The Law of Covid-19

The Law of Covid-19
Author: Paul Diller
Publisher: Aspen Publishing
Total Pages: 465
Release: 2023-09-22
Genre: Law
ISBN:
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This textbook surveys the major legal issues emanating from the policy responses to Covid-19 in the United States, with an emphasis on federalism, administrative law, and state and local government. The Covid-19 pandemic led to unprecedented policy responses from the various levels and organs of government in the United States, as well as from private parties. Business, school, and church closures, mask mandates, employer and university vaccine mandates, vaccine passports to visit movie theaters and restaurants — this panoply of responses changed the world many of us lived in and led to widespread and hotly contested litigation in America’s federal and state courts. In the first and only text of its kind, with carefully chosen case excerpts and summary information, The Law of Covid-19 highlights the key legal issues contested throughout the pandemic. Whether as a retrospective on what Covid wrought, a primer for future pandemics, or a supplement to a more general public health course, this text will help prepare you and your students for a world that will never be the same. Key Features: The Law of Covid-19 (“LC-19”) features carefully chosen and edited cases about public health authority at the federal and state levels. LC-19 focuses on the use of emergency authority by governors and mayors, including its impact on public employment and civil rights. LC-19 includes information on the federal and state health bureaucracies, including detailed recounting of the authorization and approval of the Covid-19 vaccines and boosters. Professors and students will benefit from: Organized discussion of the relevant sources of emergency and administrative authority at the federal and state levels. Thought-provoking questions and case notes that situate the relevant legal issues within the larger social and political context. A willingness to consider multiple perspectives, including those questioning whether the policy and legal response to Covid-19 may have been too draconian.

COVID-19 and the Law

COVID-19 and the Law
Author: I. Glenn Cohen
Publisher: Cambridge University Press
Total Pages: 427
Release: 2023-11-09
Genre: Law
ISBN: 1009265741
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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.

Vulnerable

Vulnerable
Author: Colleen M. Flood
Publisher: University of Ottawa Press
Total Pages: 850
Release: 2020-07-14
Genre: Social Science
ISBN: 077663643X
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The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.

Finance, Law, and the Crisis of COVID-19

Finance, Law, and the Crisis of COVID-19
Author: Nadia Mansour
Publisher: Springer
Total Pages: 0
Release: 2023-02-20
Genre: Business & Economics
ISBN: 9783030894184
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This book analyzes the impact of Covid-19 in different areas such as corporate social responsibility and legislation in SMEs, insolvency law, behavioral finance, government interventions in markets, financial disclosure, the emergence of unregulated financial sectors, the increase of coronavirus-related crimes, and the development of banking regulations in the Covid-19 pandemic, among others. The coronavirus epidemic, which has spread throughout the world, has highlighted the inadequacies of the health and social systems of all states, even the most advanced. The health emergency has required extraordinary measures, especially at the level of laws that are essential for the preservation of lives, health, and livelihoods. The priority for governments and even the international community was, from the outset, to prevent infections and care for those affected. Such a strategy required an unusual increase in health spending, even though it exceeded the State's financial capacity and lacked fiscal space. In addition to this challenge, which has not yet been overcome, there is another, that of redressing the consequences of the measures taken (general containment). It should be pointed out that during health crises, the state may have to review the requirement for transparency because of the emergency, but not free itself from it. The urgency could never be an alibi for a violation of citizens' rights and freedoms. With urgency, financial management systems must be flexible and responsive to all occurrences, while ensuring optimal use of resources and minimizing the risks of fraud and corruption.

COVID-19, Law, and Regulation

COVID-19, Law, and Regulation
Author: Belinda Bennett
Publisher: Oxford University Press
Total Pages: 721
Release: 2023-01-19
Genre: Law
ISBN: 0192896741
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COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.

International Arbitration and the COVID-19 Revolution

International Arbitration and the COVID-19 Revolution
Author: Maxi Scherer
Publisher: Kluwer Law International B.V.
Total Pages: 314
Release: 2020-11-17
Genre: Law
ISBN: 9403528435
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International Arbitration and the COVID-19 Revolution Edited by Maxi Scherer, Niuscha Bassiri & Mohamed S. Abdel Wahab The impact of the COVID-19 pandemic on all major economic sectors and industries has triggered profound and systemic changes in international arbitration. Moreover, the fact that entire proceedings are now being conducted remotely constitutes so significant a deviation from the norm as to warrant the designation ‘revolution’. This timely book is the first to describe and analyse how the COVID-19 crisis has redefined arbitral practice, with critical appraisal from well-known practitioners of the pandemic’s effects on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. With practical guidance from a variety of perspectives – legal, practical, and sector-specific – on the conduct of international arbitration during the COVID-19 pandemic and beyond, the chapters present leading practitioners’ insights into the unprecedented and multifaceted issues that arise. They provide expert tips and challenges in such practical matters as the following: preventing and resolving disputes of particular types – construction, energy, aviation, technology, media and telecommunication, finance and insurance; arbitrator appointments; issues of planning, preparation and sample procedural orders; witness preparation and cross-examination; e-signature of arbitral awards; setting aside and enforcement proceedings; and third-party funding. Also included are an empirical survey of users’ views and an overview of how the COVID-19 revolution has affected the arbitration rules of leading arbitral seats. With this timely and practical book, arbitration practitioners and scholars will gain up-to-date knowledge of sector-specific challenges brought about by the COVID-19 pandemic and approach arbitration proceedings with an understanding of the most important legal and practical considerations during the crisis and beyond.

COVID-19, Law & Regulation

COVID-19, Law & Regulation
Author: Belinda Bennett
Publisher: Oxford University Press
Total Pages: 721
Release: 2022-12-21
Genre: Law
ISBN: 0192650491
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COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.