Law for the Next Pandemic
Volume
2021

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Article
Law for the Next Pandemic
Preparing for the Next Pandemic: COVID-19's Lessons for Courts
Hon. Rebecca R. Pallmeyer
Chief Judge of the U.S. District Court for the Northern District of Illinois, J.D. 1979, The University of Chicago Law School.

Thanks to my law clerk, Emily Vernon, J.D. 2020, The University of Chicago Law School, for helping me prepare this piece.

This Article discusses how the United States District Court for the Northern District of Illinois has responded to the virus, with a particular emphasis on jury trials. I close by offering some reflections on how the pandemic might change the ways that courts will operate in the future.

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Comment
Law for the Next Pandemic
Ballot Access and the Role of Diligence During an Election-Year Pandemic
Lauren Spungen
B.A., Washington University in St. Louis, 2018; J.D. Candidate, The University of Chicago Law School, 2022.

I would like to thank Professor Genevieve Lakier for her thoughtful feedback and guidance, as well as the previous and current staff of The University of Chicago Legal Forum for their support.

This Comment analyzes how courts have applied Anderson-Burdick to pandemic-related ballot access cases. It focuses on one troubling pattern in COVID-19 ballot access litigation: cases in which courts applying Anderson-Burdick fault plain-tiffs for not being reasonably diligent in collecting signatures prior to or during a shelter-in-place order.

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Comment
Law for the Next Pandemic
COVID-19: Isolating the Problems in Privacy Protection for Individuals with Substance Use Disorder
Kimberly Johnson
B.A., Washington University in St. Louis, 2017; J.D. Candidate, The University of Chicago Law School, 2022.

Thank you to the many mentors who have inspired me along the way; this Comment marks the beginning of a lifetime of legal learning. Another huge thank you to my family and the members of the 2021–22 Board of The University of Chicago Legal Forum for their support.

This Comment evaluates the extent to which the CARES Act Modifications sustainably balance individual privacy expectations with strong public interests in obtaining SUD records and integrated care. Moreover, it suggests avenues to fill gaps in protection for individuals with SUD after their information has been disclosed.

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Article
Law for the Next Pandemic
Wills Formalities in a Post-Pandemic World: A Research Agenda
Bridget J. Crawford
University Distinguished Professor of Law, Elisabeth Haub School of Law at Pace University.
Kelly Purser
Associate Professor, Australian Centre for Health Law Research, School of Law, Queensland University of Technology.
Tina Cockburn
Associate Professor, Co-Director, Australian Centre for Health Law Research, School of Law, Queensland University of Technology.

This article reflects the law as of June 8, 2021.

The pandemic has brought into sharp focus the mismatch between traditional rules that govern valid will executions, on the one hand, and contemporary restrictions, practices, and preferences, on the other. This essay enters the scholarly debate about the necessity of remote witnessing in a variety of situations, including a public health crisis.

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Comment
Law for the Next Pandemic
Economic Shutdown and Commercial Rent in Chapter 11
George Colligan
B.F.A., Southern Methodist University, 2016; J.D. Candidate, University of Chicago Law School, 2022.

I am deeply grateful to Professor Douglas G. Baird for his feedback and encouragement during this research and writing process. Many thanks to the members of the 2020–21 and 2021–22 boards of The University of Chicago Legal Forum for their comments and guidance. I would also like to thank Jared Mayer, J.D., University of Chicago Law School, 2021, for his feedback on this piece, and Olivia Bordeu Gazmuri, Ph.D. Candidate in Economics, University of Chicago Booth School of Business, for her support and advice throughout this process.

As we know all too well, the COVID-19 pandemic caught the world off-guard. The virus continues to accumulate a staggering list of victims, but the direct threat to public health also carried with it shock waves that rocked the global economy.

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Article
Law for the Next Pandemic
Bankruptcy and Bailouts, Subsidies and Stimulus: The Government Toolset for Responding to Market Distress
Anthony J. Casey
Donald M. Ephraim Professor of Law and Economics; Faculty Director of The Center on Law and Finance.

I thank Madeline Prebil and Leonor Suarez for excellent research assistance. The Richard Weil Faculty Research Fund and the Paul H. Leffman Fund provided generous support.

In the spring of 2020, as the COVID-19 pandemic shut down economies around the world, pressure arose for governments to respond to the growing threat of pandemic-related market distress. In addition to responding to the direct public health emergency, governments were expected to stabilize markets—both financial and economic—and provide relief to those harmed by the pandemic’s market effects.

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Comment
Law for the Next Pandemic
Comity, Coronavirus, and Interstate Travel Restrictions
Timothy Carey
B.A., American University, 2017; J.D. Candidate, The University of Chicago Law School, 2022.

Many thanks to the staff of The University of Chicago Legal Forum, and to Professor Alison LaCroix, for generous support throughout the Comment writing process.

That interstate travel within the United States is largely so uncontroversial reflects a simple fact: the right to travel “occupies a position fundamental to the concept of our Federal Union.” Yet in the aftermath of the COVID-19 outbreak, multiple states have restricted interstate travel.

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Article
Law for the Next Pandemic
Toward Livelihood Insurance
Michael Abramowicz
Oppenheim Professor of Law, George Washington University.

For helpful comments, I thank Peter Siegelman, David Simon, participants in a virtual workshop sponsored by the Insurance Law Center at the University of Connecticut, and participants in this symposium. All errors are mine.

The economic dislocation associated with the COVID-19 pandemic might have been reduced if pandemic insurance were widespread. Yet, outside of the All England Club, host of the Wimbledon Tennis Tournament, virtually no one held pandemic insurance.

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Comment
Law for the Next Pandemic
Enjoined and Incarcerated: Complications for Incarcerated People Seeking Economic Relief under the CARES Act
Mitchell Caminar
J.D. Candidate, The University of Chicago Law School, 2022; B.A., Northwestern University, 2016.

The author is grateful for feedback from Professor Daniel Hemel and Professor Julie Roin and the efforts of the entire Legal Forum Board to prepare the Comment for publication. The author is also grateful for support from Emily Halpern and his family.

No COVID-19 stimulus provision captured public attention quite like the multiple rounds of no-strings-attached cash payments. The first round of checks, authorized by Congress in March 2020, was such a political winner that President Trump insisted on including a personal letter in the mailing; the second, passed in December 2020, may have swung control of the Senate; and the third was the centerpiece of President Biden’s legislative agenda in early 2021.