COVID-19 and The Law

Law and Policy to Address Basic Needs and Marginalized Populations

Colloquium Series Co-Hosted by Martha Minow and Emily Broad Leib

“COVID-19 is the most important development in my professional lifetime. The 1918 pandemic, the 1929 economic decline, the 1968 social implosion and the Andrew Johnson presidency all at once is how it’s been described. Labor markets, financial markets and international relations will never be the same.”

Lawrence Summers is Charles W. Eliot University Professor.

WARSAW, POLAND - MARCH 23: Conference participants during the Warsaw Medical Congress For Young Scientists at the Medical University of Warsaw. March 23, 2013 in Warsaw, Poland.

The Mental Health Impact of COVID-19 on America’s Young Adults: “College seems like a really far away concept right now.”[1]

Mental Health Repercussions of Virtual Interactions and Quarantine The COVID-19 pandemic has upended nearly every aspect of everyday life, canceling ...
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Envelope from U.S. Citizenship and Immigration Services with the American flag on top/U.S. immigration concept.

COVID-19 Containment or Callous Political Ploy? Reflections on Trump’s Pandemic-Era Restrictions on Immigration, Green Cards, and Asylum Claims

The COVID-19 pandemic has upended nearly every aspect of American life, but one facet of federal policy that may appear ...
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Stethoscope placed over American flag.

Questions of Life or Death: America’s Underinsurance Crisis in the Age of COVID-19

With COVID-related lockdowns and pandemic safety precautions now past their first anniversary, there is, at long last, hope on the ...
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N-95 masks.

Mask Madness: When Freedom of Speech and Opinion Becomes Assaultive

On January 20—the day he was sworn in to office—President Biden signed an executive order mandating masks for federal employees, ...
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Still of virtual trial live stream on YouTube

Criminal Jury Trials by Zoom: An Uneasy Bargain with the Constitution

On August 11, 2020, Travis County, Texas made history by holding the nation’s first virtual criminal jury trial. While the ...
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Fairview Heights, IL—Jan 5, 2020; Sign on medical clinic announces Planned Parenthood branch is now open, the southern Illinois clinic was built to serve St Louis after Missouri restricted abortions.

Access to Abortion in the Era of COVID-19

Limited Access to Elective Medical Procedures During the COVID-19 Pandemic As the coronavirus ravaged the United States, governors nationwide sprang ...
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Close-up Hands counting money American dollars , Counting money American dollars with hand , Vintage tone effect , Income and Business concept.

Coronavirus surcharges: A lifeboat for small businesses or an underhanded form of price gouging?

The American economy has suffered trillions of dollars in damages since the coronavirus landed on our shores over a year ...
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A close up image of an old used baseball, baseball bat, and baseball glove.

COVID-19 and Baseball

The combined effects of the coronavirus and government-imposed shutdowns have cost the US economy an enormous amount of money—perhaps trillions ...
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Scales of Justice on table.

Coronavirus and the Right to a Speedy Trial

What does it mean for an individual to have a meaningful right to a speedy trial when the whole world ...
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Class of 2021 graduation tassel and cap celebration with a modern computer for virtual learning during covid 19 pandemic.

University Lawsuits

It’s now been more than a year since most students across the United States started a wild experiment with remote ...
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Business remaining closed during COVID-19 outbreak in Somerville, MA, USA.

Coronavirus and the Takings Clause: An Uneasy Coupling

It’s been more than a year since the first Covid-19 cases were identified, and almost as long since much of ...
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Doctor, nurse, scientist, researcher hand in blue gloves holding flu, measles, coronavirus, covid-19 vaccine.

Vaccine hopes collide with vaccine denial

Americans have been able to feel a little more hopeful recently as vaccines begin to roll out across the country ...
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Little hand and keyboard notebook.

Educators, ELLs, and Covid-19

Longstanding obligations meet new challenges In 1974, the Supreme Court held in Lau v. Nichols that the San Francisco school ...
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Blurred COVID-19 Vaccination Record card, Passport of USA and Medical Mask. Immune passport or certificate for travel concept.

Vaccine Requirements, Passports, and the “New Normal”

As vaccination programs slowly ramp up across the United States, a burgeoning idea has slowly gained more traction: immunity “passports” ...
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Close up of a Doctor making a vaccination in the shoulder of patient,.

Vaccines are here, but not for everyone

The race to vaccinate the world against Covid-19 is on. Though Americans may be lamenting that they have to wait ...
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Map of United States - Every State Included.

COVID-19 in a Federal System: Challenges and Opportunities

Federalism sits at the very core of American government. Yet, the coronavirus pandemic has pushed federalism under the microscope, exposing ...
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Herndon, USA - April 27, 2020: Virginia Fairfax County building exterior sign entrance to Mom's Organic Market store with request to wear face mask at coronavirus covid-19 outbreak epidemic.

Mask Mandates, Unmasked

On his first day in office, President Biden instituted a mask mandate for airports, on many forms of transportation, and ...
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6/20/2019 Los Angeles, California: Homeless Tent Camps and Homeless People in Los Angeles California. Approximately 60,000 persons may be found homeless on any given night in LA.

Homelessness and COVID: Compounding challenges and restricted relief

COVID-19 has illuminated some of the unique public health and legal challenges facing currently homeless individuals. Particularly as COVID-19 worsened ...
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Azerbaijan, Baku, October 15, 2017: Older woman in a nursing home located in Baku's Bilgah settlement.

Elderly Plaintiffs Caught in the Fray of PREP Act Immunity

As of February 2, 2021, over one-third of U.S. COVID-19 deaths and five-percent of all U.S. COVID-19 cases are linked ...
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interior of a school with desks equipped with protective plexiglass screens.

The Rights of Public School Teachers in a Pandemic

With the Biden administration pushing schools to reopen in-person, it is necessary to reflect on the hardships our educators have ...
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Top view of white cubicles in modern office with white walls and carpeted floor. Consulting company concept. 3d rendering

Preparing for the Post-Pandemic Economy

The end of the COVID-19 pandemic may be in sight, but how do we prepare for a new economic environment ...
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Empty classroom.

Getting our Child Co-Workers Back to School Safely—and Avoiding the “Education Contracts of Adhesion” Trap

As more private and public primary and secondary (K-12) schools move to reopen in-person, we need to ensure reopening plans ...
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journalist taking notes during press conference.

Journalism During the COVID-19 Pandemic and Beyond

“When I announced it, you all said, ‘It’s not possible.’ Come on, give me a break, man. It’s a good ...
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Briefing of president of US United States in White House.

Government Information Dissemination in the Post-Trump Era

On Wednesday, January 20, 2021, White House Press Secretary Jen Psaki led the Biden administration’s first press briefing. Though no ...
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Mother puts a safety mask on her son's face.

Maintaining Child Welfare During COVID-19

When the pandemic began, states across the U.S. witnessed between a twenty to seventy percent decline in reported cases of ...
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covid vaccine.

Antitrust: A Barrier or Catalyst to the Vaccine Rollout?

In December 2020, health officials administered the first COVID-19 vaccine and President-Elect Biden promised to deliver more than 100 million ...
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Contact Tracing COVID-19 Coronavirus Epidemic

How to Launch a Digital Contact Tracing Application: Key Legal Considerations

As previously suggested in Digital Contact Tracing: Hope or Hype?, digital contact tracing, if implemented successfully, can help to control ...
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London, UK. 5th March 2016. EDITORIAL - Million Women Rise protest march through the streets of central London, making awareness and bringing an end to male violence against women in all it's forms.

Staying-at-Home When the Home is Unsafe: The Impact of COVID-19 on Survivors of Domestic Violence (Part 2)

This is the second part of a two-part series about the impact of COVID-19 on survivors of domestic violence. Part ...
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London, UK. 5th March 2016. EDITORIAL - Million Women Rise protest march through the streets of central London, making awareness and bringing an end to male violence against women in all it's forms.

Staying-at-Home When the Home is Unsafe: The Impact of COVID-19 on Survivors of Domestic Violence (Part 1)

While stay-at-home orders are meant to protect Americans, they can also prove deadly for those facing domestic violence. Under these ...
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Scientist working at lab bench.

“Stick to the Science”? FDA, Ethics, and Pandemics

Throughout the current pandemic, Dr. Anthony Fauci and other public health experts have called on the government to “stick to ...
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Male farm worker holding pallet of strawberries while standing in a field.

Farmworker Protection during COVID-19: Will New Jersey learn its lesson?

New Jersey was hit particularly hard by COVID-19 in spring of 2020. There were several factors contributing to its high ...
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The phrase " No job no rent " on a banner in hand with blurred background.

The Long-Term Problem of Eviction Moratoria Without Financial Support

The COVID-19 pandemic has exacerbated preexisting vulnerabilities in the rental housing market and created a dire economic situation for both ...
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Highway alert: Covid-19 checkpoint ahead, overhead sign in Florida on state border.

Government Authority to Respond to COVID-19, the Nondelegation Doctrine, and Legislatures vs. Governors

The most common response to the pandemic has been quick and decisive action from state governors to reduce the spread ...
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Vials of coronavirus vaccine.

Wait Your Turn: How the Government Can Prevent Individuals from Using Wealth to Cut the Vaccine Line

Since the Food & Drug Administration granted emergency use authorization for the COVID-19 vaccines produced by Pfizer-BioNTech and Moderna in ...
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Selective focus on I Voted sticker with USA flag on face mask.

Expanding the Franchise: Constitutional Mechanisms to Make Election Administration Reforms in Response to the COVID-19 Pandemic Permanent

By many measures, the 2020 general election for federal, state, and local positions was a success in terms of an ...
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Bendigo, Australia - October 28, 2018: emergency department of the new Bendigo Hospital, It was built in 2017 by Silver Thomas Hanley and Bates Smart.

From 9/11 to COVID-19: A Brief History of FDA Emergency Use Authorization

The ongoing fight against COVID-19 has thrown a spotlight on the Food and Drug Administration (FDA) and its power to ...
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Empty classroom.

Federal, State, and Local Responses to Student Absenteeism during COVID-19

In the past several years, school attendance and absenteeism have been key focus areas of education policy. Consistent school attendance ...
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Digital Law and online legal advice services as virtual lawyer service and internet legislation with 3D illustration elements.

All Rise, All Mute: Online court proceedings, coronavirus, and access to justice

“[O]ur system of courts is archaic and our procedure behind the times.” - Roscoe Pound (Former Dean of Harvard Law ...
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The diverse group of people, entrepreneurs, or office workers isolated on white background.

Protecting Workers During the COVID-19 Pandemic

The absence of a cohesive federal strategy during the pandemic has allowed many businesses to continue operating without standard safety ...
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Ground level view of Border Fence/Wall along the US/Mexico border.

Unprecedented Expulsion of Immigrants at the Southern Border: The Title 42 Process

In March, President Trump relied on a little-used public health rule to drastically restrict immigration at the United States’ land ...
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Vials of coronavirus vaccine.

Interview with Glenn Cohen

Now that Pfizer and Moderna have begun distributing their COVID-19 vaccines to hospitals across the U.S., a new question has ...
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child learning remotely.

The Education Divide Caused by COVID-19

The United States has entered a ‘third’ wave of Covid-19 , and many students are entering yet another month of online ...
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Safety net.

COVID-19 and Undocumented Workers: A Catastrophic Confluence

As the COVID-19 pandemic continues to devastate workers and families across the United States, undocumented immigrants remain particularly vulnerable. Most ...
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Close up of a Doctor making a vaccination in the shoulder of patient,.

Protecting Public Health Will Require a Culture Shift Alongside Legal Change

Dr. Anthony Fauci has noted that Australia had the fewest number of flu cases “in memory” during its winter flu ...
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Home care.

Telework for Caregivers: A Gap in Employment and Disability Law

The pandemic has exposed a gap in our employment and disability laws—a lack of care for caregivers. The workforce is ...
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Country church in New England.

Stay-at-Home Orders and Religious Freedom: How Courts Balance the Free Exercise Clause and State Emergency Powers

In the wake of the initial impact of COVID-19, state governments rushed to respond to breakouts. The resulting executive orders ...
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Contact tracing. Public health tracing contacts of infected individuals to interrupt ongoing transmission and reduce spread of an infection. Covid-19 pandemic concept.

The Constitutionality of Technology-Assisted Contact Tracing

The COVID-19 pandemic has posed an impossible set of choices for governments, forcing them to weigh the competing interests of ...
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SAN FRANSISCO CALIFORNIA USA– December 2010: Alcatraz prison. Federal Penitentiary, United States Penitentiary, The Rock on Alcatraz Island.

Decarceration and the Coronavirus Pandemic

At the start of the coronavirus pandemic, many hoped and expected that the pandemic would serve as a natural catalyst ...
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Tornado in Wray, Colorado in May of 2016. Was rated an EF2.

Contracts in the Age of COVID-19: A Look At Force Majeure Clauses

As businesses continue to confront the harsh economic realities of the ongoing Coronavirus pandemic, many are looking for legal solutions ...
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Washington, USA- January13, 2020: FDA Sign outside their headquarters in Washington. The Food and Drug Administration (FDA or USFDA) is a federal agency of the USA.

COVID-19 and the FDA Emergency Use Authorization Power

The Food and Drug Administration (FDA) is responsible for protecting public health by regulating the production, distribution, and consumption of ...
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Denver, CO, USA, April 19, 2020. Denver Police wearing face masks monitored the Stay at Home peaceful protest at the Denver, Capital.

Police Should Not Be Enforcing Emergency Public Health Orders

On a weekend when police officers were handing masks to white residents in parks around New York City, NYPD Officer ...
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Green ribbon barrier inside an airport with the warning of travel restrictions due to the spread of the dangerous Coronavirus.

Travel Restrictions During Coronavirus

Why is traveling during COVID-19 a problem? Whether by airplane, bus, train, or car, traveling increases a person’s chances of ...
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brown gavel and medical protective masks on a blue background.

Coronavirus and the Class Action

As coronavirus has upended life across the globe, the disruption has been followed by a wave of class action cases ...
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U.S. elections 2020. Coronavirus epidemic. Protective medical mask background.

Election Litigation in the Era of COVID-19

The 2020 Presidential election promises to be unlike any in history. The country is still in the midst of a ...
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Bogota, capital of Colombia.

A Critical Analysis of the International Response to COVID-19: Reflections from Colombia

In the face of the SARS-CoV-2 pandemic, questions of resource allocation, information access, aseptisation, and biopolitics that were once reserved ...
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Horse Fence Snakes its Way Over the Hill in rural Kentucky

COVID-19 in Rural America and the Indian Nations: Refocusing Development to Support At-Risk Communities

For many, the COVID-19 pandemic is likely to conjure scenes of once-bustling urban centers grinding to a halt. However, for ...
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Sign that says "No Job, No Rent."

Pandemic Property: What Covid-19 Taught Us about Housing Law

The Covid-19 pandemic has brought to light longstanding problems in housing law. This sudden emergency has exposed systemic deficiencies in ...
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Contact Tracing COVID-19 Coronavirus Epidemic

Digital Contact Tracing: Hope or Hype?  

In prior pandemics, manual contact tracing has been key to slow the spread. Contact tracing entails conducting interviews with infected ...
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Young woman using smart phone,Social media concept.

Emergency Measures: Free Speech and Online Content Moderation During Coronavirus

A Conversation with HLS Lecturer evelyn douek In the chaos and confusion of the Coronavirus pandemic, few have stopped to ...
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Portrait of a Scientist Using Micro Pipette for Analysis.

Returns to Public Investment in Drug Discovery: Some Fundamental Questions

Fred Ledley, Ekaterina Cleary, and Matthew Jackson[1] “I am disposed to ask: "Does teaching consist in putting questions?" Indeed, the ...
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I Voted sticker with USA flag on face mask.

Voter Suppression: Disinformation and Harmful Narratives around Voting

This memo was originally written by the Disinfo Defense League (DDL) and published by their writers on August 27, 2020 ...
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Syringe.

Prioritizing Life: the Grim Irony of Capital Punishment in the Time of Coronavirus

As it has transformed almost every aspect of social and economic life in America, the Coronavirus pandemic has forced local ...
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