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Books

Burris, Scott et al (eds), Assessing Legal Responses to COVID-19 (Public Health Law Watch, 2020) OPEN ACCESS
Jurisdiction: USA
Book Summary: As the nation continues to address the ongoing COVID-19 pandemic, which has resulted in over 170,000 deaths so far and a severe economic recession, 50 top national experts offer a new assessment of the U.S. policy response to the crisis. The research details the widespread failure of the country's leadership in planning and executing a cohesive, national response, and how the crisis exposed weaknesses in the nation's health care and public health systems. In Assessing Legal Responses to COVID-19, the authors also offer recommendations on how federal, state and local leaders can better respond to COVID-19 and future pandemics. Their proposals include how to strengthen executive leadership for a stronger emergency response, expand access to public health, health care and telehealth; fortify protections for workers; and implement a fair and humane immigration policy.
Note: this open access book includes 35 chapters - most of these are listed in this bibliography under the appropriate topic headings. Each chapter concludes with 'Recommendations for Action'. The chapters are arranged thematically into:
  • Part I: Using Government Powers to Control the Pandemic
  • Part II: Fulfilling Governmental Responsibility in a Federal System
  • Part III: Financing and Delivering Health Care
  • Part IV: Assuring Access to Medicines and Medical Supplies
  • Part V: Protecting Workers and Families
  • Part VI: Taking on Disparities and Protecting Equal Rights
Cowan, Dave and Ann Mumford (eds), Pandemic Legalities: Legal Responses to COVID-19 - Justice and Social Responsibility (Bristol University Press, forthcoming June 2021)
Book Summary : The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19, express concerns with policy and practice developments and the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.

Fatsis, Lambros and Melayna Lamb, Policing the Pandemic: How Public Health Becomes Public Order (Policy Press, forthcoming, September 2021)
Abstract: The COVID-19 pandemic has highlighted the inadequacies of the state's response to public health and public order issues through deeply flawed legislation. Written in the context of the #Blacklivesmatter protests, this book explores why law enforcement responses to a public health emergency are prioritised over welfare provision and what this tells us about the state's criminal justice institutions. Informing scholarly, civic and activist thinking on the political nature of policing, it reveals how increasing police powers disproportionately affects black people and suggests alternative ways of designing public safety beyond a law enforcement context.

Ferstman, Carla and Andrew Fagan (eds), Covid-19, Law and Human Rights: Essex Dialogues (School of Law and Human Rights Centre, University of Essex, 2020) OPEN ACCESS
This open access book was published on the University of Essex repository on 1 July 2020. Selected individual chapters are listed below in this bibliography. The chapters are arranged thematically into:
  • Conceptual Framings
  • Global, Regional and Comparative Perspectives
  • The Right to Health
  • The Effects of the COVID-19 Pandemic on the Regulation of the Economy
  • The Impact on Vulnerable Populations
  • Access to Justice
  • Big Data and Technology
  • Accountability

Flood, Colleen et al, Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) OPEN ACCESS
Jurisdiction: Canada (and an international law/global chapter)
This open access book was published by the University of Ottawa Press on 14 July 2020. It contains over 40 chapters - most of these are listed below in this bibliography under the appropriate topic headings. The chapters are arranged thematically into:
  • Section A: Who Does What? Challenges and Demands of Canadian Federalism
  • Section B: Making Sure Someone is Accountable: Public and Private Responsibilities
  • Section C: Civil Liberties vs. Ideas of Public Health
  • Section D: Equity and Covid-19
  • Section E: This Job is Gonna Kill Me: Working and Covid-19
  • Section F: Global Health and Governance
Book Summary: This book confronts the vulnerabilities that have been revealed by the pandemic and its consequences. It examines 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 affect us all. COVID-19 has forced us to not only reflect on how we govern and how we set policy priorities, but also to ensure that pandemic preparedness, precautions, and recovery include all individuals, not just some.

Greene, Alan, Emergency Powers in a Time of Pandemic (Bristol University Press, 2020)
Book Summary: How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.

Gurrea-Martinez, Aurelio, Mark Findlay and Yihan Goh (eds), Law and COVID-19 (Singapore Management University School of Law, 2020) OPEN ACCESS
Jurisdiction: Singapore
This open access book groups the chapters under the following headings:
A) New Commercial Contexts in Crisis
B) Business Survival in Times of Uncertainty
C) Surveillance, Discrimination or Protection?
D) Public Governance Under the Microscope?
E) Online and Still on Message?
F) Legitimacy and Reasonable Remedies?
G) Transiting Justice and Legal Service Delivery Under Strain?
 
Individual chapters are listed in this bibliography under relevant topic headings.
 
Book summary: This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic's influence on law and legal service delivery the authors consider how law can help facilitate the orderly transition to a sustainable future - the new normal.

Hondius, Ewoud et al (eds), Coronavirus and the Law in Europe (Intersentia, August 2020) OPEN ACCESS
This open access book was published in September 2020 and states the law as at 1 August. It examines coronavirus-related legislation and its consequences in European states. It is intended to serve as a "toolbox" for domestic and European judges who will soon be dealing with the interpretation of coronavirus- and COVID19-related legislation and administrative measures, as well as the disruption the pandemic has caused on society and fundamental rights. The project is also aimed at assisting businesses and citizens, who wish to be informed about the implications of the virus in the existence, performance, and enforcement of their contracts. The book covers almost all European countries and legal disciplines. It contains nearly 60 chapters, written by academics from all over Europe.
Most of the chapters are listed below in this bibliography under the appropriate topic headings. The chapters are arranged thematically into:
  • Part 1: Covid And Fundamental Rights
  • Part 2: States Against the Pandemic
  • Part 3: Compensation for Covid-19 Related Damage
  • Part 4: Contract Law
  • Part 5: Consumer Law
  • Part 6: Labour And Social Law
  • Part 7: Coronavirus Changing Europe

Joyce, Paul, Fabienne Maron and Purshottama Sivanarain Reddy (eds), Good Public Governance in a Global Pandemic (The International Institute of Administrative Sciences, 2020) OPEN ACCESS
The contents of this book are listed in the Administrative Law section of this bibliography.
Book Summary: This book provides the readers with a set of vivid studies of the variety of national approaches that were taken to responding to COVID-19 in the first few months of the pandemic. At its core is a series of reports addressing the national responses to COVID-19 in Africa, Asia, Europe, North America, Latin America, and the Middle East and North Africa. Country reports present the actions, events and circumstances of governmental response and make an early attempt at producing insights and at distilling lessons. Eyewitness reports from civil servants and public managers contain practical points of view on the challenges of the coronavirus pandemic. In different chapters, editors and contributors provide an analytical framework for the description and explanation of government measures and their consequences in a rich variety and diversity of national settings. They also situate the governmental responses to the pandemic in the context of the global governance agenda, stress the important relationship between governmental authorities and citizens, and emphasize the role of ideological factors in the government response to COVID-19. A bold attempt is made in the concluding chapter to model government strategies for managing the emergency of the pandemic and the consequences for trajectories of infection and mortality. As the editors argue, the principles of 'good governance' are of relevance to countries everywhere. There was evidence of them in action on the COVID-19 pandemic all over the world, in a wide range of institutional settings. COVID-19 experiences have a lot to teach us about the governance capabilities that will be needed when future emergency situations occur, emergencies that might be created by pandemics or climate change, or various other global risks. Governments will need to be agile, able to learn in real time, good at evaluating evidence in fast changing and complex situations, and good at facilitating coordination across the whole-of-government and in partnership with citizens and the private sector.

Morphet, Janice, The Impact of COVID-19 on Devolution: Re-Centralising the British State Beyond Brexit? (Bristol University Press, forthcoming April 2020)
Book summary: The COVID-19 pandemic is the first time that many of the UK population, including its national politicians, have become aware of the practical dimensions of devolution to its four nations through the delivery of support to those affected by the virus. Part of the COVID Collection, this topical book explores how the public perception of the decentralized governments has changed during the pandemic and uses case studies to discuss the actions taken by central government to undermine the devolution settlement. Assessing the role of local government in supporting communities despite cuts from central government, it makes a vital contribution to the debate on the future options for the UK within the context of Brexit and what follows.

Nekvapil, Emrys, Maya Narayan and Stephanie Brenker, COVID-19 and the Law of Australia (2020) OPEN ACCESS
This open access and regularly updated online book is organised by subject area. It provides guidance on the laws made by the legislature, executive and judiciary (and administrative tribunals) of the Commonwealth and each State and Territory in response to the COVID-19 pandemic.
Contents:
This chapter provides commentary, and legislation and summaries of decided cases on the following topics:Aged Care, Commercial, Criminal, Customs & Trade, Defence, Emergencies, Equity, Family, Financial, Government, Guardianship, Administration & Vulnerable People, Human Rights / Civil Liberties, Industrial law, Maritime, Migration, Public Security, Planning & Environment, Property, Public Health, Quarantine, Regulatory / Professional Discipline, Tort, and Wills & Estates.
Oxford Compendium of National Legal Responses to Covid-19 OPEN ACCESS
Summary: The Oxford Compendium of National Legal Responses to Covid-19 is a global academic collaboration mapping legal responses to Covid-19 in dozens of participating countries and territories. Each entry is structured identically and explores the role of public law, institutional adaptation, public health measures, social and labour policy, and human rights measures introduced or applied as a response to the Covid-19 pandemic. The entries are updated periodically across 2021. The Compendium is the primary output of the Lex-Atlas Covid-19 project.
The Compendium was launched on 26 April 2021 with 17 entries. It is intended that approximately 60 jurisdictions will be included in the resource by the autumn 2021. The entries will be updated three times into 2022. Each jurisdiction has a companion page on the Lex-Atlas Covid-19 website, on which further updates and relevant information are held. Readers are advised to consult both.
As at 15 May 2021, the published jurisdictions are:
  • Belgium, Emmanuel Slautsky, Frederic Bouhon, Camille Lanssens, Xavier Miny, and Andy Jousten
  • Brazil, Octavio Luiz Motta Ferraz, Danielle Rached, Deisy Ventura, Conrado Hubner Mendes, Marco Antonio Moraes Alberto
  • Canada, Colleen M. Flood and Bryan Thomas
  • Chile, Guillermo Jimenez
  • Federal Republic of Germany, Anna-Bettina Kaiser and Roman Hensel
  • France, Estelle Chambas and Thomas Perroud
  • Hong Kong Special Administrative Region, People's Republic of China, Eric C Ip and Stephen Thomson
  • Israel, Einat Albin, Ittai Bar-Siman-Tov, Aeyal Gross, Tamar Hostovsky-Brandes, Ori Aronson, Amichai Cohen, Nadav Davidovitch, Matan Gutman, and Adam Shinar
  • Italy, Stefano Civitarese Matteucci, Alessandra Pioggia, Giorgio Repetto, Diletta Tega, Micol Pignataro, and Mirush Celepija
  • Mexico, Pedro A. Villarreal
  • New Zealand, Dean Knight
  • Norway, Eirik Holmoyvik, Benedikte Moltumyr Hogberg, Christoffer Conrad Eriksen
  • Republic of South Africa, Petronell Kruger, Khulekani Moyo, Paul Mudau, Marius Pieterse, and Amanda Spies
  • Serbia, Ivana Krstic and Marko Davinic
  • Spain, Dolores Utrilla, Manuel Antonio Garcia-Munoz, and Teresa Pareja Sanchez
  • Sweden, Titti Mattsson,Martina Axmin, and Ana Nordberg
  • United Kingdom, Jeff King and Natalie Byrom

Pistor, Katharina (ed), Law in the Time of COVID-19 (Columbia Law School, 2020) OPEN ACCESS
Jurisdiction: USA
This open access e-book contains insights and information by Columbia Law School academics on the most pressing legal issues the pandemic has raised across a wide range of topics from bankruptcy to privacy.

Ramraj, Victor (ed), COVID-19 in Asia: Law and Policy Contexts (Oxford University Press, forthcoming, 2020)
This book is due to be published in February 2021. See publication details and table of contents on the book's webpage on the OUP website.
Book summary: This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan. This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability. :

Scherer, Maxi, Niuscha Bassiri and Mohamed S Abdel Wahab (eds), International Arbitration and the COVID-19 Revolution (Kluwer Law International, 2020)
See pricing and ordering information for this book on the Kluwer website
Book summary: International Arbitration and the COVID-19 Revolution' is a timely book that elucidates and analyses how the COVID-19 crisis has redefined arbitral practice, with a critical appraisal of the pandemic's effects from well-known practitioners on substantive and procedural aspects from the commencement of proceedings until the enforcement of the award. The COVID-19 pandemic has deeply impacted all major economic sectors and industries and elicited 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'. :

Serna de la Garza, Jose Maria (coordinator), Covid-19 and Constitutional Law (Universidad Nacional Autonoma de Mexico, 2020) OPEN ACCESS
Summary: The purpose of this book is to trace a very broad map of the different constitutional issues that are being debated in different parts of the world in the context of the pandemic. In view of this, scholars of 26 countries were invited to submit a short commentary on which constitutional issues are of concern in their part of the world, in the context of the COVID-19 crisis. This "mapping" will hopefully be the basis for conducting deeper analysis in future research projects in the field of comparative constitutional law, in connection with crisis derived from pandemics.
Note: this book and its individual chapters are listed in the Constitutional Law section of this bibliography, and in other sections if relevant. The book's contributions are in English and French. Following our practice of only including works in English, we have only listed the English contributions in other sections of the bibliography.
Contents :
AFRICA
AMERICA
Figueiredo, Marcelo, 'COVID-19 and the Brazilian Reaction'
Serna de la Garza, Jose Maria, 'COVID-19 and Constitutional Law: the Case of Mexico'
ASIA
EUROPE
Zubik, Marek and Dominik Lukowiak, 'COVID-19 and Constitutional Law: the Case of Poland'
Tanasescu, Elena-Simina, 'COVID-19 and Constitutional Law: Romania'
MIDDLE EAST
OCEANIA
Bateman, Selena and Adrienne Stone, 'Australia - COVID-19 and Constitutional Law'

Witt, John Fabian, American Contagions: Epidemics and the Law from Smallpox to COVID-19 (Yale University Press, 2020)
Summary: 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?

Zimmermann, Augusto and Joshua Forrester (eds) Fundamental Rights in the Age of COVID-19 (Connorcourt Publishing, 2020)
Note: this book is not open access. Link to book webpage on publisher website
Contents:
1. Introduction - Fundamental Rights in the Age of Covid-19 -- Augusto Zimmermann & Joshua Forrester
2. Reflecting upon the Costs of Lockdown -- Rex Ahdar
3. Politicians, the Press and "Skin in the Game" -- James Allan
4. An Analysis of Victoria's Public Health Emergency Laws -- Morgan Begg
5. Only the Australian People Can Clean up the Mess: A Call for People's Constitutional Review -- David Flint AM
6. Covid-19, Border Restrictions and Section 92 of the Australian Constitution -- Anthony Gray
7. Blurred Lines Between Freedom of Religion and Protection of Public Health in Covid-19 Era - Italy and Poland in Comparative Perspective -- Weronika Kudla & Grzegorz Jan Blicharz
8. The Dictatorship of the Health Bureaucracy: Governments Must Stop Telling Us What Is for Our Own Good -- Rocco Loiacono
9. The Role of the State in the Protection of Public Health: The Covid-19 Pandemic -- Gabriel A. Moens
10. Corona, Culture, Caesar and Christ -- Bill Muehlenberg
11. The Age of Covid-19: Protecting Rights Matter -- Monika Nagel
12. Molinism, Covid-19 and Human Responsibility -- Johnny M. Sakr
13. Interposition: Magistrates as Shields against Tyranny -- Steven Alan Samson
14. Destroying Liberty: Government by Decree -- William Wagner
15. The Virus of Governmental Oppression: How the Australian Ruling Elites are Jeopardising both Democracy and our Health -- Augusto Zimmermann

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