COVID-19 and the Law

I. Glenn Cohen is Professor of Law at Harvard Law School. He one of the world's leading experts on the intersection of bioethics and the law, as well as health law. He also teaches civil procedure. Abbe Gluck is the Alfred M. Rankin Professor of Law and Faculty Director of the Solomon Center for Health Law and Policy at Yale Law School, and Professor of Medicine at Yale School of Medicine. She is one of the nation's leading experts in health law, Congress, litigation, and federalism and has served numerous senior government positions, including most recently as Special Counsel to the President and lead lawyer for the White House COVID-19 Response Team. Katherine Kraschel is the Executive Director of the Solomon Center for Health Law and Policy at Yale Law School where she also co-teaches its Reproductive Rights and Justice Clinic. Her work focuses on the intersections of health, gender, and reproduction. Carmel Shachar is the Executive Director of the Petrie-Flom Center at Harvard Law School. Her work focuses on access to care and digital health. She is the co-editor of several other volumes including Transparency in Health Care and Disability, Law, Health, and Bioethics.

'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

• 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; Part II. COVID-19, Disparities, and Vulnerable Populations: 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.