Law for the Next Pandemic
Volume
2021

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Law for the Next Pandemic
Getting Down to Brass Tax: Why Courts Should Use Equitable Tolling to Help Taxpayer-Petitioners Impacted by COVID-19
Hannah Fisher
B.S., Texas A&M University, 2018; J.D. Candidate, The University of Chicago Law School, 2022.

Many thanks to Professor William Hubbard and the editorial staff of the Legal Forum for their thoughtful feedback at every iteration of this piece. I am also endlessly grateful for the support of my friends and family along the way.

Filing deadlines, and the varying ramifications for failing to satisfy them, have been a longstanding fixture of the American litigation landscape. And as if the economic downturn was not already felt sharply enough, the pandemic’s arrival painfully coincided with the peak of the United States tax season.

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Law for the Next Pandemic
Protecting Mixed-Status Families: Equal Protection Analysis of the Dual Social Security Number Requirement
Nena Gallegos
B.S., American University, 2019; J.D. Candidate, The University of Chicago Law School, 2022.

Many thanks to Professor Aziz Huq for his invaluable guidance and thoughtful feedback. I would also like to thank the past and present editors of The University of Chicago Legal Forum for their insightful contributions.

This Comment analyzes the equal protection issues raised by the Dual SSN Requirement and argues that it violates the equal protection rights of citizen children and spouses.

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Law for the Next Pandemic
The IDEA's Stay-Put Provision: A Staple of Pandemic IEP Litigation?
Natalie Granda
B.A., University of Miami, 2018; J.D. Candidate, The University of Chicago Law School, 2022.

Many thanks to Professor Emily Buss and the members of The University of Chicago Legal Forum for their support and guidance throughout the Comment writing process.

School closures in the wake of COVID-19 have caused major disruptions in the lives of our nation’s students. Following the widespread closures of schools in March of 2020, concerns for students have ranged widely, from social and emotional development, to physical and nutritional wellbeing, to academic progress and achievement.

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Law for the Next Pandemic
The Need for Tort Law Necessity Defense in Intellectual Property Law
Yaniv Heled
Associate Professor, Georgia State University College of Law; J.S.D. 2011, LL.M. 2004 Columbia Law School; LL.B. 2000, Undergraduate Diploma in Biology 2000 Tel Aviv University.
Ana Santos Rutschman
Assistant Professor of Law, Saint Louis University School of Law, Center for Health Law Studies and Center for Comparative and International Law. S.J.D., LL.M., Duke Law School.
Liza Vertinsky
Associate Professor, Emory Law School; Ph.D. (econ.) 1997, J.D. 1997 Harvard University; M.A. (econ.) 1992 University of British Columbia; B.A. 1991 Oxford University.

We are grateful to Timothy Lytton for comments on an earlier version of the essay. We also thank Cynthia Ho, Christa Laser, Rachel Sachs, Sean Tu, Ofer Tur-Sinai and participants at the 2021 WIPIP Conference for their comments and suggestions. We are also grateful to Lane McKell and Alessandra Palazzolo for their assistance with research for this essay.

The COVID-19 pandemic has laid bare inherent tensions between the protection of intellectual property (IP) and the health of individuals touched by life-threatening medical conditions. Instead of looking for solutions that would entail legislative action, a stretch of emergency powers, or vague private commitments, we suggest that the law already provides a mechanism for addressing this tension in the form of the age-old common tort law doctrine of necessity.

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Law for the Next Pandemic
Four Futures for U.S. Pandemic Policy
Daniel Hemel
Professor of Law, University of Chicago Law School; Visiting Professor of Law, New York University School of Law.

Thanks to Daniel Rodriguez, Crofton Kelly, Dylan Moore, and Alan‌ Rozenshtein for thoughtful comments.

In the spring of 2020, when the editors of The University of Chicago Legal Forum chose “Law for the Next Pandemic” as the theme for their upcoming fall symposium, the title seemed rather pessimistic. Really, we’re going to have to do all of this again?

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Law for the Next Pandemic
Scrambling the New Sanitationist Synthesis: Civil Liberties and Public Health in the Age of COVID-19
John Fabian Witt
Duffy Professor of Law & History; Head of Davenport College, Yale; john.witt@yale.edu.

Many thanks to Greg Schwartz for extraordinary research assistance.

Beginning in the 1980s, leading figures in the law of public health began to argue that protecting individual and human rights would promote public health, not interfere with it. Today, however, threats to this new synthesis view abound, and for good reason.

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Law for the Next Pandemic
The Validity of Tribal Checkpoints in South Dakota to Curb the Spread of COVID-19
Ann E. Tweedy
Associate Professor, University of South Dakota School of Law. The author also spent over a decade representing tribal governments, including serving as a Tribal Attorney for Muck-leshoot Indian Tribe and Swinomish Indian Tribal Community and as an Associate Attorney and as Of Counsel at Kanji & Katzen, PLLC.

I would like to thank Professors Matthew Fletcher, Jasmine Gonzales Rose, Steven Macias, Eric Eberhard, and Frank Pommersheim for reviewing drafts of this article. I would also like to thank my research assistants Josey Johnson and Raegan Chavez for their invaluable help, as well as the editors of the University of Chicago Legal Forum for their careful attention to this piece and for their excellent suggestions. Finally, I am grateful to Sarah Kammer, Head of Public, Faculty and Student Services at McKusick Law Library, for her adept assistance.

This Article explores what measures tribal governments can take to enforce regulations and policies designed to protect their own citizens and others within their territories from COVID-19.

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Law for the Next Pandemic
Lochner Under Lockdown
Eugene Kontorovich
Professor of Law, George Mason University Scalia Law School.

At a time when state police power has imposed unprecedented limitations on individuals’ ability to provide for themselves in dignity, Lochner should be brought out of lockdown.

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Law for the Next Pandemic
Essential Businesses and Shareholder Value
Aneil Kovvali
Harry A. Bigelow Teaching Fellow & Lecturer in Law, University of Chicago Law School.

This Article was prepared for The University of Chicago Legal Forum’s Symposium on “Law for the Next Pandemic” held on November 6, 2020. I thank Douglas G. Baird, Suneal Bedi, Anthony J. Casey, Jeffrey N. Gordon, Daniel J. Hemel, Joshua C. Macey, and participants in the conference for thoughtful conversations and comments. All errors are mine.

The COVID-19 crisis vividly demonstrated that Americans rely on certain for-profit corporations to supply the essentials of everyday life. Even in a crisis situation in which the government had assumed an extraordinary role and extraordinary responsibilities, it was deemed necessary for workers handling “essential” tasks to risk infection to continue their work at private companies.

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Law for the Next Pandemic
Striking a New Grand Bargain: Workers' Compensation as a Pandemic Social Safety Net
Dylan V. Moore
B.S., Indiana University, 2019; J.D. Candidate, The University of Chicago Law School, 2022.

I would like to extend my thanks to the current and past members of The University of Chicago Legal Forum for thoughtful edits on this piece. All errors are my own.

As COVID-19 continues to disrupt the workplace, legal analysts struggle to predict how infected laborers’ claims will fare in workers’ compensation systems. Workers’ compensation systems vary across states, but their purpose is the same—to give employees who are injured through the everyday completion of their jobs access to sure-fire compensation.