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General

Chesterman, Simon, ‘Covid-19 and the Global Legal Disorder’ (SSRN Scholarly Paper No ID 3588397, Social Science Research Network, 29 April 2020)
Abstract: When the world restarts and the masks are put away, will the global legal order look the same? Should it?A crisis is a terrible time to make predictions about the future. But it’s a great time to rethink dubious assumptions of the past, and address tensions revealed in the present. Just within the field of international law, Covid-19 has encouraged all three. Pundits predict the death of globalization — or its rebirth. Others assert that they always knew the global public health infrastructure was fundamentally flawed, or that it was the one thing saving us from apocalypse. And, of course, there are those eagerly seeking someone, somewhere, against whom they might bring a lawsuit. So it might be helpful to sort some of the wheat from the chaff and map out what we know, what we don’t know, and where we might go from here.

Dodds, Klaus et al, ‘The COVID-19 Pandemic: Territorial, Political and Governance Dimensions of the Crisis’ (2020) 8(3) Territory, Politics, Governance 289–298
Abstract: As other journals issue their statements, special issues and editorials (e.g., Environment and Planning D: Society and Space, 2020; Political Geography, 2020; The Lancet, 2020), our contribution is designed to engage with the readers of Territory, Politics, Governance and ignite exchanges around the rapidly evolving concerns brought about by what is now deemed by many to be a global crisis. Over the last decade, this journal has sought out authors and commentators interested in the intersection of three terms: territory, politics and governance. We have not assumed that the three terms are self-evident or hermetically sealed individually and collectively. All three are slippery in the sense that they are constructed, contested and contestable at any moment in time and across space. But at a moment of crisis and long-term discombobulation, what can our key terms tell us about the contemporary and possible future state of the world? And how does the crisis sharpen or challenge our understanding of these concepts in a changing world?

Frankford, David M, ‘How COVID-19 Has Infected the Totality of Life (Including Law)’ (2022) 74(3) Rutgers Law Review (forthcoming)
Abstract: The COVID-19 pandemic, stemming from the SARS-CoV-2 virus, has shown, as if proof were necessary, that a pandemic is an inseparably biological and social phenomenon that combines interacting elements of nature, including evolution, as well as political, social, and economic forces. As such, the COVID-19 pandemic has affected every sphere of human existence.In this Article, I analyze the more important elements of this seamless web by breaking it down into a number of categories: the virus itself (and some linked phenomena) and the political, economic, and social instability that it has caused everywhere. This instability ranges from effects on forms of primary association like the family to those on forms of secondary association including education, the economy, state legitimacy, social solidarity and law in the United States and, to some extent, in other nations, and health care delivery and public health in the United States.Pre-pandemic society in the United States was becoming increasingly fractured and polarized. In this ecology, a virus as smart and nimble as SARS-CoV-2 worked its will, seeping into everything because it fed on and exacerbated every crack and crevice; and these impacts are not linear but recursive, feeding into and amplifying one another. Instability in primary association partially feeds off of and into economic instability. Likewise, economic instability is concurrently a consequence and a cause of growing political instability. In turn, both forms partially derive from and cause the growing delegitimization of social solidarity and, in particular, the collective enterprise of public health. The latter is one reason that the United States’ capacity to respond to this pandemic and any on the horizon has been reduced. The most vulnerable among us have suffered the greatest hardship, but our society as a whole has been diminished.

Hodges, Christopher, ‘Basing Action and Structures on Values in a Post-Corona World’ (Oxford Legal Studies Research Paper No 18/2020, 2020)
Abstract: Every country has experienced profound attack from the Coronavirus. Every state will now face deep economic damage, possibly for a prolonged period. The next stage of economic disruption produces some winners and many losers. It inherently carries risks of widespread unemployment, collapse of companies, services, taxation revenues, and consequential risks of social unrest, criminal exploitation, revolution, cyber exploitation and warfare, and possibly the collapse of states and societies, and invasion by foreign powers. Much depends on how things are handled by a small number of political leaders around the world, the decisions that they take, and the actions that they are able to implement. These challenges arise on top of the other existential risk of climate change and the extinction of species, which may now risk being overlooked. The risks to civilisation could not be more serious. How should we respond? Many wise suggestions will be made by experts on the economic, employment and administrative aspects. This analysis contributes a different perspective based on what seem to be people’s basic views of what they value. Certain values are being re-emphasised as fundamentally important, and we should consider the implications. The prevailing values of a society should be the foundation of the political decisions that are taken in the coming period of economic disruption and increased poverty, and of the evaluation of those decisions. We should also use the values to consider what changes may be necessary in structures, systems, processes actions and behaviours, so as to minimise harm and maximise the achievement of the intended goals. The argument is that a change is occurring in which pursuit of personal wealth and success at the expense of others is being replaced by recognition of the need to found society and commerce on interconnectedness. Further, this change can only be effective if it is based on the human values of other-regarding and mutual support and solidarity based on a demonstrable commitment to ethical values in conduct. That understanding of the basis of value-based relationships provides the foundation for rethinking the structures and institutions that will be needed.

Hondius, Ewoud et al (ed), Coronavirus and the Law in Europe (Intersentia, 2020)
Abstract: Examining coronavirus-related legislation and its consequences in European states.

Huang, Peter H, ‘Put More Women in Charge and Other Leadership Lessons from COVID-19’ (2020) 15(2) FIU Law Review 353–421
Abstract: COVID-19 teaches us lessons about leadership, the most important of which is to put more women in charge. This Article provides an interdisciplinary analysis of these lessons, which come at the very high price of many forever disrupted and lost human lives. COVID-19 is a global tragedy. COVID-19 can also be a cruel, relentless and unforgiving teacher of valuable lessons about leadership. During COVID-19, leaders had to quickly mobilize many resources and convince many people to change their established behaviors and familiar routines. Leaders had to rely on effective and persuasive communication to achieve buy-in and voluntary compliance by a diverse public. This is because enforcement of non-compliance is effectively infeasible. This Article introduces the phrase, thoughtful leadership, to describe such leadership and leadership communications. In response to COVID-19, some leaders have been compassionate, courageous, data-based, decisive, and kind. These leaders’ communications with the media and the public were calm, caring, clear, empathetic, honest, science-driven, and transparent. This Article analyzes what leaders who were more successful during COVID-19 did and said. During COVID-19, women were many of the most admired and more successful leaders. These female leaders of cities, states and nations were exemplary. There were also some exemplary male leaders. This Article considers explanations and theories about why so many women leaders were among the most successful during COVID-19. This Article profiles in some detail three exemplars of leadership: New Zealand prime minister Jacinda Ardern, Secretary to the Governor of New York Melissa DeRosa, and New York state governor Andrew Cuomo. Finally, thoughtful leadership is applicable to parenting and teaching.

Johnson, Eric E and Theodore C Bailey, ‘Urgent Legal Lessons From a Very Fast Problem: COVID-19’ [2020] Stanford Law Review Online (forthcoming)
Abstract: The course of a pandemic is dictated not just by biology, but also by law. And crucially, unlike biology, law can be readily adapted in response to a pandemic. Unfortunately, the current law does not take account of the compressed timeframe and rapidly changing social needs that distinguish pandemic times from normal times. We thus suggest three urgent, early lessons for law in the pandemic context: First, free information flows save lives, an observation which has ramifications for freedom of speech and press, copyright law, and patent law. Identifying particular hazards that patent law poses to the free flow of scientific research findings, we suggest a government-funded reward system as an adjunct to the patent system to incentivize pandemic-relevant research and its rapid publication. Second, politically accountable decisionmakers may not act optimally to save lives. We suggest a refashioned, politically insulated U.S. Public Health Service imbued with administrative independence in the vein of the Federal Reserve Board. Third, pre-crisis regulatory structures are not proving nimble enough in the midst of the pandemic. We suggest legislation that directs the FDA to be creative in designing case-by-case approval procedures for vaccines and other treatments to allow them to get to market much faster. To accelerate approvals while retaining scientific rigor, we suggest allowing well-informed, consenting human testing subjects to take on more uncertain risk than the FDA currently tolerates. In sum, we argue for a more general, systematic, and critical perspective on law in the special context of a pandemic.

Krieger, Nancy, ‘ENOUGH: COVID-19, Structural Racism, Police Brutality, Plutocracy, Climate Change—and Time for Health Justice, Democratic Governance, and an Equitable, Sustainable Future’ [2020] American Journal of Public Health e1–e4
Abstract: COVID-19 starkly reveals how structural injustice cuts short the lives of people subjected to systemic racism and economic deprivation. It is not, however, the only crisis at hand.

‘Legal Information about the Coronavirus’ [2020] (9 March) Lawyer (Online Edition) 1
Abstract: The article discusses several legal aspects of Covid-19 in Great Britain. It mentions that the outbreak has raised points of employment law, immigration, health and safety and data protection law for employers. It mentions that British Foreign and Commonwealth Office is currently advising against all travel to many countries and cities. It mentions that government has announced measures designed to help employers retain staff during pandemic.

Norouzi, Nima, Heshmat-ullah Khanmohammadi and Elham Ataei, ‘The Law in the Face of the COVID-19 Pandemic: Early Lessons from Uruguay’ (2021) 7(2) Hasanuddin Law Review 75–88
Abstract: The Corona crisis is one of the crises that has engulfed the world and Uruguay and has marked all human beings’ death and life. This crisis has many legal, political, social, and economic dimensions and has and will have different consequences in this area. So far in the last two centuries, twelve major epidemics of infectious diseases and fifteen famines, and severe droughts have engulfed our world, but this crisis is ‘of a different kind.’ It has been less critical to cover the whole world. Infect millions of people, create new words in cultures, and announce major changes in international relations, politics, law, and the world and country economies. No geographical point is safe from this, and it has a serious impact on human relations. This paper is aimed to study the Uruguayan legal system in the post-Covid-19 world. In this paper, Constitutional, Financial, commercial, Labor, Public, and judicial law is discussed in the light of the Covid-19, and its impacts and strategies to mitigate those impacts are mentioned.

Ogendi, Paul, ‘The Law and Ethics of Coronavirus Disease (Covid-19) in Kenya’ (2020) 4(2) Journal of Conflict Management and Sustainable Development 1–42
Abstract: The COVID-19 pandemic is a public health emergency that raises many ethical and legal issues. Of significance is that the pandemic requires emergency public health measures to be put in place by the government significantly disrupting the lives of many. Governments should however remember that emergency public health measures must be legally sound in accordance with their right to health obligations under international law, national constitution and legislation. Suffice to note, the international community has an obligation to assist and cooperate with each other towards fighting the disease. The health providers who are currently at the forefront in fighting the pandemic are being faced with numerous challenges especially in developing countries due to lack of adequate resources. This however should not be an excuse for violating ethical principles put in place including respecting the confidentiality, privacy, and autonomy of the patients. Lastly, the community has a role to play in making sure that they follow lawful orders and guidelines put in place including social distancing, washing hands and staying at home.

Puaschunder, Julia M, Martin Gelter and Siegfried Sharma, ‘COVID-19-Shock: Considerations on Socio-Technological, Legal, Corporate, Economic and Governance Changes and Trends’ (Research Association for Interdisciplinary Studies, RAIS Conference Proceedings, 17-18 August 2020)
Abstract: This article tries to grasp our contemporary Zeitgeist to serve as historic landmark how pandemics can influence the individual decision making, the social compound, national order, economic structures and the larger-scale international compound. The ongoing COVID-19 crisis accounts for one of the most unpredicted economic disruptions in the history of humankind. Little would we all have expected how our lives have changed since the outbreak of the pandemic if we consider the deep impact the novel Coronavirus has on all our lives, the legal, economic and political spheres. Featuring national policy strategies to cope with the pandemic grants insights about precautionary and reactionary governance during health crises balancing between medical, economic and social well-being. Concurrent with an already ongoing digitalization trend, the COVID-19 pandemic implies widespread changes for individual decision makers in their adoption of technological assistance but also in giving up decision making to Artificial Intelligence (AI). Economic facets of collective learning processes during the crisis are outlined with a special emphasis on the currently ongoing digital disruption. As a widespread external shock to the world economy and legal order, COVID-19 affects corporate conduct profoundly. The legal implications and societal changes’ impetus on corporate conduct will be depicted in order to derive future corporate governance prospects. From an evolutionary dynamics market perspective, a trends prediction sheds light on what kind of firms are likely to fail, which ones may survive and which ones could thrive in the following years and decades to come. International differences in the handling of COVID-19 are highlighted in order to envision future global public healthcare. The recommendations address the importance of well-calibrated goals to cure our contemporary humankind and protect our future common world population.

Sulkowski, Adam J, ‘COVID-19: What’s Next? Future of Work, Business, and Law: Automation, Transparency, Blockchain, Education, and Inspiration’ (SSRN Scholarly Paper No ID 3580019, 19 April 2020)
Abstract: We are all wondering: what’s next? This paper poses and answers 10 questions.These are predictions for the COVID-19 era and beyond based on my research.

Thanvi, Irfan Ali, ‘UAE Legal Amendments During the Covid-19 Pandemic’ (2022) 7 Law & Political Review 109–127
Abstract: The pandemic known as COVID-19 has taken the entire globe with a blast. The outbreak which initiated in December 2019, has been reported to have spread across six continents of the world in just a single quarter. The UAE like many other developed countries of the world is trying its best to curb any further spread of the novel virus. Unfortunately, some sectors of the society have taken this situation to work in their vital interest to fulfil ulterior motives, while some others, due to the oblivion of the UAE law get jeopardized by the same token. This negligence on part of several people may turn costly. Hence, I as a lead author on UAE laws decided to research the entire scenario and provide certain plausible legal solutions to our valuable audience. The regulations of the UAE have drastically been amended during the current pandemic of COVID-19, enabling loads of revisions to existing laws. One of the most important issues during the lockdown has been to regulate food supplies and garner stocks. This has been an ancient practice but was never instituted under the prevalent laws of the UAE, as there was never a need for such an occurrence. Ever since the outbreak of COVID-19, as the UAE went under a complete lockdown, changing the world of all residents in a dramatic way. This book covers significant discussion on the impact of the pandemic on all walks of life including but not limited to education, health care, employment, trading, court procedures and many more. At Amazon Inc, we are trying our level best to apprise the public of the latest developments in various sectors due to the outbreak of the pandemic. Nonetheless, a disclaimer for the audience about these rules and regulations may be altered through the process of time.

Tumanishvili, Giorgi G, ‘Pandemic: Legal and Social Response’ (2021) 7(5) Law and World 14–39
Abstract: The Covid-19 pandemic changed the world and accelerated processes that could have taken decades without a pandemic. In this paper, the authors discuss the public and government responses to the new normal, nowadays reality, and most importantly, the legal regulations that have been enacted in different countries in response to the challenges. The paper discusses in detail issues related to security measures, social distance, gender issues, abortion, education and student mobility, employment, and entrepreneurship. A pandemic that has survived more than a year needs to be addressed. The decision-makers made efforts to create a provision for the influenza virus after it became prominent in society. The intention is not to be pessimistic but to be optimistic enough to create provisions for the future. Countries are aiming to achieve their commitments to recover from the pandemic. A pandemic demands a legal response as well as a social response. The research paper aimed to divert the attention of the readers to the untouched aspects of the law that are related to emergency situations, including pandemics. In the paper, we discuss the paradox of the pandemic, lockdown, and post-lock- down situations, as well as protests/riots, gender-based violence, healthcare, and education topics related to the changes that have taken place due to the pandemic.

Zetzsche, Dirk A, ‘One Million or One Hundred Million Casualties?: The Impact of the COVID-19 Crisis on Low- and Middle-Income Countries’ (SSRN Scholarly Paper No ID 3597657, Social Science Research Network, 13 May 2020)
Abstract: This paper argues that the overall impact of the COVID-19 crisis on the least developed and developing countries is massive, with a potentially very high number of casualties: we float an entirely arbitrary figure of 100 million. To arrive at this number, we collect and collate the different ways in which COVID-19 may hit developing countries from a public health perspective as well as economically, and show that the crisis may not only threaten many people’s lives but may even reverse the positive development trend of the last 20 years, putting the realization of the United Nation’s Sustainable Development Goals in some doubt. Furthermore, we propose five policy measures to mitigate the most severe impacts of the crisis on low- and middle-income countries.The paper is structured as follows: Part I provides the context. Part II argues that the number of Corona cases and casualties in the least developed and developing countries is almost certainly underestimated and understated; Part III lays out the indirect severe impacts of the crisis, namely the inevitable return of hunger and famine to many parts of the world; Part IV suggests that the abandonment of the UN’s SDGs is one likely effect of the crisis in the absence of coordinated efforts; and Part V presents five policy principles designed to repel the looming human tragedy. Part VI concludes.

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