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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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Comment
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.

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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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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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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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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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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
The Body
Don't Believe Your Eyes: Fighting Deepfaked Nonconsensual Pornography with Tort Law
Moncarol Y. Wang
B.S., 2018, University of California, Berkeley; J.D. Candidate, 2023, The University of Chicago Law School.

Thanks to Professor Brian Leiter and the team at The University of Chicago Legal Forum for advice throughout the Comment process.

This Comment will analyze deepfakes in the interpersonal con-text—specifically the use of technology to make deepfaked nonconsensual pornography. Because deepfake images and videos appear so real, the scale of potentially negative impact is especially alarming.