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The briefings are produced by the authors of COVID-19 Policy Playbook report, including Temple Center for Public Health Law Research, Center for Health Policy and Law, Northeastern University School of Law, Public Health Law Watch, Wayne State University, Indiana University, The Network for Public Health Law and ChangeLab Solutions. This work is sponsored by the American Public Health Association and the de Beaumont Foundation.

Watch our National Public Health Week Webinar, produced in partnership with the American Public Health Association.

6/22/21 : State Efforts to Restrict Public Health Powers

Watch as Wendy Parmet, Professor of Public Policy and Urban Affairs and Director at the Center for Health Policy and Law at Northeastern University, Jill Kreuger, Director of the Northern Region Office for the Network for Public Health Law, and Lori Tremmel Freeman, CEO of the National Association of County and City Health Officials, delve into state efforts to restrict public health powers and the legislation being written to do so.

Check out the report developed by the Network and the National Association of County and City Health Officials (NACCHO) that Jill Kreuger mentioned during the briefing here : Proposed Limits on Public Health Authority: Dangerous for Public Health

6/17/21 : International Lessons Learned

Listen in as Nicolas Terry of Indiana University Robert H. McKinney School of Law discusses the international response to the pandemics and how we can learn from mistakes made on the global scale with Anniek de Ruijter, Professor of European Law at the University of Amsterdam in the Netherlands, Andrew Noymer, Professor of Pubic Health at the University of California Irvine, and Nils Hoppa, from the Faculty for Humanities and SocialSciences at Leibniz University in Hannover, Germany.

6/3/21 : Global Vaccine Sharing Issues

Join as Jorge L. Contreras, Professor of Law at the University of Utah, discusses the major obstacles stalling global vaccine sharing and how they might be addressed with Ana Santos Rutschmann, Assistant Professor of Law at Saint Louis University School of Law, and Brook K. Baker, Professor of Law at Northeastern University School of Law.

6/1/21 : CDC Independence

Christopher Robertson of Boston University School of Law, Gene Matthews of the Network for Public Health Law, and Scott Burris of the Temple University Center for Public Health Law Research discuss whether the CDC should be more politically independent, and what that might look like.

5/27/21 : Shadow Docket

Join Lance Gable of Wayne State University Law School, Wendy Parmet of Northeastern University School of Law, and Scott Burris of Temple University Center for Public Health Law Research to discuss how shadow docket cases have created consequential developments in the interpretation of public health law, and how that impacts public health interventions going forward.

3/11/21 : A Pandemic Meets a Housing Crisis

Again and again, research on the disparate impacts of the pandemic has shown that its adverse effects have been felt most by those that can least afford them. Foremost among these vulnerable groups are homeless and displaced populations, as well as the millions of Americans confronted with stagnant wages and the threat of eviction. As COVID-19 closes in on a year of influence over American life, the pre existing housing crisis has been brought to the forefront. These structural issues must be met with urgent short term and thoughtful long-term responses. This week, experts on the COVID Law Briefing will explore solutions to the crisis.

Speakers

Sarah de Guia and Gregory Miao of ChangeLab Solutions, along with Courtney Lauren Anderson of Georgia State University

3/9/21 Improving Data Collection and Management

The onset of the COVID-19 pandemic pushed much of American life online as it simultaneously pushed nationwide healthcare infrastructure to the brink. The pandemic has shown how far the data system has lagged behind, particularly in its ability to collect, manage, and share large amounts of health data to guide better outcomes. These systems are now more vital than ever in fostering cooperation across distances and borders that the global pandemic has leaped. The experts on this week’s COVID Law Briefing ask what changes can be made in this rapidly advancing field to address this public health crisis and the next.  

speakers

Nicolas Terry of Indiana University, Wendy Parmet of Northeastern University, and Jessica L. Roberts of the University of Houston

3/4/21 Substance Use Disorder and Mental Health

This past year has upended the daily routines and patterns that so many Americans rely upon to structure their lives. Some of those most adversely affected by this sustained instability have been those battling mental illness and substance abuse issues. As the US nears the one-year mark of a uniquely isolating national tragedy, rates of alcohol abuse, domestic violence, and reported depression and anxiety are peaking. Healing systemic injuries like these will require more than vaccines. The experts on this week’s COVID Law Briefing ask what can be done, through policy or institutional leadership, to ensure a deeper recovery.

SPEAKERS

Nicolas Terry of Indiana University, Jill Krueger and Corey Davis of the Network for Public Health Law

3/2/21  School Reopenings and Online Learning

It is increasingly clear that online learning--especially for younger children--has been one of the most difficult #COVID transitions, with levels of engagement, retention, and mental health plummeting. At the same time, more and more evidence suggests that children under the age of 13 are relatively unlikely to transmit or become seriously sick with the virus. The debate is now escalating around the damage that will be done to students with schools closed, the risks that vulnerable teachers will face with schools open, and the role of vaccine prioritization in potentially threading the needle. This week’s COVID Law Briefing tackles the ongoing issue and recommends strategies for renewed cooperation. 

SPEAKERS

Lance Gable of Wayne State University, Stacie Kershner and Brooke N. Silverthorn of Georgia State University

2/23/21 The Role of the Courts: Religious Exemptions and the legacy of Jacobson v. Massachusetts

From the onset of the pandemic almost one year ago, the question of the government’s power to mandate public health protections has loomed large in the national conversation. Now, with the prospect of widespread vaccinations becoming a reality, the power (or lack thereof) of lawmakers to require their citizens be vaccinated in the name of public health has become more pressing than ever. We turn to Jacobson v. Massachusetts, the 1905 Supreme Court ruling that upheld the states’ ability to mandate vaccinations. How does Jacobson’s precedent and legacy affect today’s COVID response? What role will it play in the upcoming Supreme Court spring 2021 session? Find out more on this week’s COVID Policy Playbook briefing.

Speakers

Scott Burris of Temple University and Steve Vladeck of the University of Texas.

2/18/21: Public Health in the States: Contact Tracing, Intrastate and Interstate Quarantine, and Struggles over Public Health Powers

As new variants spread throughout the country, much of the U.S. COVID-19 response hinges on the states containing community spread. From vaccinations, to PPE procurement to mask mandates, state leaders need a plan and the capacity to implement it. As policymakers create new rules around interstate travel, quarantining, and contact tracing, cooperation between the states will be integral to the success of our response. This week’s COVID Law Briefing examines the states’ role in the national virus response and future public health preparedness.

Speakers

Lance Gable of Wayne State University, Ross Silverman of Indiana University, Jill Krueger, Network for Public Health Law.

2/11/21: Preemption, Public Health, and Equity in the Time of COVID-19

Communication and coordination between federal, state, and local lawmakers is key to an effective pandemic response. President Biden has begun his ambitious pandemic strategy at the federal level, but states and localities still have an important role to play In this week’s COVID Law Briefing, legal experts examine the role preemption has played in the pandemic response, including how it might impact policies designed to aid in longer term recovery. 

Guests

• Kim Haddow, BA, Strategic Consultant, Local Solutions Support Center @DefendLocal

• Sabrina Adler, JD, Vice President of Law, ChangeLab Solutions @ChangeLabWorks

Host

Sarah de Guia of ChangeLab Solutions, Kim Haddow of Local Solutions Support Center

2/4/21: Disinformation in the Pandemic: the Politicization of Public Health

A successful public health response to a crisis like the COVID-19 pandemic requires broad dissemination and widespread acceptance of accurate information. Yet nowhere has the politicization of scientific fact and the subsequent loss of trust in expert advice been made more clear than in the nation’s fractured handling of the virus. This has led some to declare COVID-19 to be “the first post-truth pandemic.” Forging a path forward will require addressing the roots of our systemic departure from shared scientific realities. On this week’s COVID Law Briefing, experts seek a return to truth. 

guests

• Timothy Caulfield, LLM, LLB, Professor, Faculty of Law and the School of Public Health; Research Director, Health Law Institute, University of Alberta @CaulfieldTim

• Brian C. Castrucci, DrPH, MA, President and CEO, the de Beaumont Foundation @BrianCCastrucci

hosts

• Wendy Parmet, JD, Professor of Public Policy and Urban Affairs; Director, Center for Health Policy and Law, Northeastern University @weparmet

• Nicolas Terry, LLM, Professor, Indiana University Robert H. McKinney School of Law; Executive Director, Hall Center for Law and Health @nicolasterry

1/28/21: Biden’s First 100 Days: What Can Be Done Right Away

Joe Biden began his first 100 days in office by signing a slew of executive orders, many of them aimed at addressing his administration’s top priority: tackling the COVID-19 pandemic. These initial moves represent a preliminary but insufficient plan for reigning in the still-rampant virus. What else can Biden do as newly-minted Chief Executive to have an immediate impact? Experts discuss early possibilities and priorities in this COVID Law Briefing. 

SPEAKERS

• Wendy Parmet, JD, Professor of Public Policy and Urban Affairs; Director, Center for Health Policy and Law, Northeastern University @weparmet

• Scott Burris, JD, Professor of Law and Public Health; Director, Center for Public Health Law Research, Temple University @scottburrisphlr

• Dara Lieberman, MPP, Director of Government Relations, Trust for America's Health @DaraLieb

1/26/21: Equitable Vaccine Distribution: Essential Workers and Scarce Resources

Equitably distributing the COVID-19 vaccine remains easier said than done. The Biden administration has made tackling the pandemic its top priority--but limited resources, insufficient federal frameworks, and the issue of how to prioritize different vulnerable populations, like essential workers and the elderly, continue to complicate efforts. Tune in to the latest COVID Law Briefing to hear expert analyses of legal options for achieving equity through immunity.

GUESTS

• Ruqaiijah Yearby, JD, MPH, Professor of Law, Center for Health Law Studies; Executive Director and Co-Founder, Institute for Healing Justice and Equity, Saint Louis University @ruqaiijah

• Tara Sklar, JD, MPH, Professor of Health Law and Director, Health Law & Policy Program, the University of Arizona @trsklar

Host

Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University @ProfessorLGable

1/21/2021: Vaccine Distribution

Though COVID vaccine production is ramping up, the U.S. is lagging well behind schedule in distributing and administering available vaccines. Efforts at the state level are being further hampered by slapdash attempts at coordination and a growing resistance to receiving the vaccine among certain populations. What can employers, schools and governments legally do to encourage uptake? In the first COVID Law Briefing of 2021, we will analyze best practices and sound strategies to get vaccine distribution back on track. 

GUESTS

• Micah Berman, JD, Associate Professor of Public Health and Law, College of Public Health and Michael E. Moritz College of Law, The Ohio State University @MicahLBerman

• Dr. Dorit Reiss, Ph.D., Professor of Law and the James Edgar Hervey '50 Chair of Litigation, UC Hastings Law @doritmi

HOSTS

• Nicolas Terry, LLM, Professor, Indiana University Robert H. McKinney School of Law; Executive Director, Hall Center for Law and Health @nicolasterry

• Donna Levin, JD, National Director, Network for Public Health Law @LevinNetworkPHL

12/03/2020: Lessons from Europe

In the final Briefing before a brief winter hiatus, Professors Nicolas Terry and Scott Burris host an in-depth conversation about the COVID-19 responses in the U.S. and across Europe. The panelists discuss their countries' successes and failures, how their systems of government play a role, and the impact of the European Union.

Guests

• Nicola Glover-Thomas, JD, Professor of Law, School of Social Sciences, University of Manchester @NGT223

• Dominique Sprumont, JD, Professor of Law, Institute of Health Law, University of Neuchâtel, @UniNeuchatel

• Dr. Nils Hoppe, PhD, JD, Professor for Ethics and Law, Life Sciences; Director of the Centre for Ethics and Law in the Life Sciences; Dean of Research at the Faculty for Humanities and Social Sciences, Leibniz University Hannover @nilshoppe

• Dr. Anniek de Ruijter, PhD, LLM, Associate Professor of European Law; Director of Amsterdam Law Practice, University of Amsterdam @anniekderuijter

HOSTS

• Scott Burris, JD, Professor of Law and Public Health; Director, Center for Public Health Law Research, Temple University @scottburrisphlr

• Nicolas Terry, LLM, Professor, Indiana University Robert H. McKinney School of Law; Executive Director, Hall Center for Law and Health @nicolasterry

12/01/2020: What Will Winter Bring?

Health experts anticipate major spikes in COVID-19 infections over the course of this winter. Looking forward, Ruqaiijah Yearby, Michael Sinha, and Evan Anderson discuss how to increase accessibility to PPE and other crucial resources, the importance of mental health services for patients, their families, and health care providers, and measures for avoiding a flu/COVID "double pandemic."

Guests

• Dr. Evan Anderson, PhD, JD, Senior Fellow, Center for Public Health Initiatives; Senior Lecturer, Schools of Nursing and Medicine, University of Pennsylvania @PennPubHealth

• Dr. Michael Sinha, MD, JD, MPH, Research Fellow, Harvard-MIT Center for Regulatory Science, Harvard Medical School; Visiting Scholar, Northeastern University School of Law @DrSinhaEsq

HOST

Ruqaiijah Yearby, JD, MPH, Professor of Law, Center for Health Law Studies; Executive Director and Co-Founder, Institute for Healing Justice and Equity, Saint Louis University @ruqaiijah

11/19/2020: Vaccines, Equity, & Ethics

Recently, both Pfizer and Moderna have announced potential candidates for a COVID-19 vaccine. Patricia Zettler, Jewel Mullen, and Sarah de Guia discuss how the FDA issues emergency use authorizations (EUAs) for pharmaceutical products, related safety concerns, and how to equitably distribute a future COVID-19 vaccine.

Guests

• Dr. Jewel Mullen, MD, MPH, Associate Dean for Health Equity; Associate Professor, Department of Population Health, Dell Medical School, University of Texas @JewelMMullen, @DellMedSchool

• Patricia Zettler, JD, Associate Professor of Law, Ohio State University @pzettler, @OSU_Law

HOST

Sarah de Guia, JD, CEO ChangeLab Solutions @sdeguiaJD

11/17/2020: Should (and Could) the Federal Government Call for a Mask Mandate?

President-elect Joe Biden has a robust plan for slowing the infection rate of COVID-19. Should that plan include a federal mask mandate? Is such a thing even legally possible? Professors Lance Gable, Lindsay Wiley, and Wendy Parmet discuss the legal and social implications of a mask mandate, including the ways that it may be helped or hindered by the three branches of government and the likelihood of compliance among U.S. citizens.

Guests

• Lindsay Wiley, JD, MPH, Professor of Law, Director, Health Law and Policy Program, American University @ProfLWiley

• Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University @ProfessorLGable

HOST

Wendy Parmet, JD, Professor of Public Policy and Urban Affairs; Director, Center for Health Policy and Law, Northeastern University @weparmet

11/12/2020: Supreme Court Hears Arguments on the Affordable Care Act

Join Nicolas Terry of Indiana University, Sara Rosenbaum of George Washington University, and Nicole Huberfeld of Boston University, as they analyze the two upcoming Supreme Court cases that could determine the future of the Affordable Care Act and the tens of millions of Americans who rely on it for their healthcare.

Guests

• Sara Rosenbaum, JD, Professor and Founding Chair, Department of Health Policy, George Washington University Milken Institute School of Public Health @GWSMHS

• Nicole Huberfeld, JD, Professor of Health Law, Ethics & Human Rights and Professor of Law, Boston University @nhuberfeld1

HOST

Nicholas Terry, LLM, Professor, Indiana University Robert H. McKinney School of Law, Executive Director, Hall Center for Law and Health @nicolasterry

11/10/2020: Assessing the Federal Response to the Pandemic and What Should Happen Next

Since our summer hiatus, the federal government has taken few measures to mitigate the impacts of the COVID-19 pandemic. In this first COVID-19 Law and Policy Briefing since the spring, participants discuss the federal government's muted response, debate health care industry reform, discuss using the Defense Production Act to produce PPE, and lament the politicization of responding to the pandemic.

Guests

• Scott Burris, JD, Professor and Director, Center for Public Health Law Research at Temple University’s Beasley School of law @scottburrisphlr

• David Hyman, JD, MD, Adjunct Professor, CATO Institute at Georgetown University Law Center @CatoInstitute

HOST

Abraham Gutman, MA, Opinion & Editorial Writer, Philadelphia Inquirer, @abgutman

6/11/2020: Trends, Take-Aways, and Things to Think About

Before the COVID-19 Law and Policy Briefing breaks for a summer hiatus, the editorial panel will meet to look back and digest the past three months of legal issues, count some of the biggest lessons learned, and look to the future ahead.

featuring

• Scott Burris, JD, Professor and Director, Center for Public Health Law Research at Temple University’s Beasley School of law @scottburrisphlr

• Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University Law School @ProfessorLGable

• Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law @weparmet

• Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law @nicolasterry

6/9/2020: Domestic Violence

In the past month, new evidence has emerged that global rates of domestic violence were rising as a result of the pandemic. This Briefing will explore the ways the pandemic response exacerbated conditions for intimate partner abuse, and will describe how we may better prepare in anticipation of future waves of the coronavirus, and other possible pandemics.

Guest

Margo Lindauer, JD, LLM, Associate Clinical Professor and Director, Domestic Violence Institute, Northeastern School of Law and Bouvé College of Health Sciences, @NUSL

host

Leo Beletsky, JD, MPH, Professor of Law and Health Sciences, and Faculty Director, Health in Justice Action Lab, Northeastern University, @LeoBeletsky

6/4/2020: Law and Political Economy

In considering the role of law in COVID-19 response, it is vital to understand the broader forces that shape our world and its legal architecture. Law and Political Economy critiques generate insights into the root causes of inequality and other structural dysfunction in our society, while also providing a roadmap for how to repair such dysfunction in service to pandemic response and public health more broadly.

Guests

• Gregg Gonsalves, PhD, Assistant Professor of Epidemiology, Yale School of Medicine; Associate (Adjunct) Professor of Law, Yale Law School; Co-Director, Global Health Justice Partnership; Co-Director, Collaboration for Research Integrity and Transparency, @gregggonsalves

• Amy Kapczynski, JD, MA, MPhil, Professor of Law and Faculty Director, Global Health Justice Partnership, Yale Law School, @akapczynski

Host

Leo Beletsky, JD, MPH, Professor of Law and Health Sciences, and Faculty Director, Health in Justice Action Lab, Northeastern University, @LeoBeletsky

Additional resources

• Kapczynski A, Gonsalves G. “Alone Against the Virus,” Boston Review, March 13, 2020.

• Gonsalves G, Kapczynski A. “Markets v. Lives,” Boston Review, March 27, 2020.

• Gonsalves G, Kapczynski A. “The New Politics of Care,” Boston Review, April 27, 2020.

• Law and Political Economy Blog

6/2/2020: Equitable Enforcement

As COVID-19 inflicts disproportionate harm on communities of color, inequitable enforcement of public health policies in response to the pandemic further widens health disparities. Police are strictly enforcing stay-at-home orders in some communities of color, while employing more lenient approaches in predominantly white communities. At the same time, enforcement of some laws designed to protect health and safety—from local housing codes to federal environmental laws like the Clean Air Act—has been suspended during the emergency response. This Briefing will discuss inequitable enforcement of public health laws and options that government officials should consider in order to promote more equitable outcomes during the pandemic and in the long-term, after the public health crisis subsides

Guests

• Elizabeth Tobin-Tyler, JD, MA, Assistant Professor of Family Medicine, Health Services, Policy and Practice, Brown University, @liztobintyler

• Jessica Breslin, JD, Attorney, ChangeLab Solutions, @ChangeLabWorks

Host

Katie Hannon Michel, JD, MELP, Senior Attorney, ChangeLab Solutions, @ChangeLabWorks

5/28/2020: Religious Freedom Restoration Act

Among 92 attendees at a church in rural Arkansas in early March, there were 35 confirmed cases of COVID-19, three deaths, and an additional 26 cases and one death linked in the community. Even as we learn more about the ease of spread in groups indoors, many churches and religious organizations are questioning the constitutionality of forced church closures during the pandemic. This Briefing describes the Religious Freedom Restoration Act in the context of COVID-19 and explores some of the recent cases challenging closures during the pandemic.

Guest

Claudia Haupt, JSD, PhD, Associate Professor of Law and Political Science, Northeastern University, @CEHaupt

HOST

Abraham Gutman, MA, Opinion & Editorial Writer, Philadelphia Inquirer, @abgutman

5/26/2020: Vulnerable Workers

The new coronavirus has continued to exacerbate existing racial disparities in the United States. One key area of concern focuses on employment and communities of color – who disproportionately hold many of the service-focused positions considered essential. This Briefing explores structural discrimination and looks at how the CARES Act and HEROES Act are working (or not) to address these issues.

Guests

• Seema Mohapatra, JD, MPH, Associate Professor of Law and Dean’s Fellow, Indiana University Robert H. McKinney School of Law, @profmohapatra

• Ruqaiijah Yearby, JD, MPH, Professor of Law, Co-Director Center for Equity, Saint Louis University School of Law, @ruqaiijah

Host

Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law, @weparmet

5/21/2020: Preemption

Continuing our discussion of state vs. local authority, this Briefing takes a detailed look at how preemption is shaping and defining the US response to the coronavirus pandemic.  

guests

• Derek Carr, JD, Senior Attorney, ChangeLab Solutions, @carrderekh

• Kim Haddow, Director, Local Solutions Support Center, @kimhaddow

host

Sabrina Adler, JD, Vice President of Law, ChangeLab Solutions, @ChangeLabWorks

5/19/2020: The Wisconsin Decision

The Wisconsin Supreme Court struck down on Wednesday the decision by Governor Tony Evers to extend a stay-at-home order. The 4-3 decision challenges the governor’s ability “to rely on emergency powers indefinitely,” and leaves residents in the state with only a patchwork of local and county-level orders to guide and protect them. In this Briefing, our panel discusses the decision and the precedent it sets, and where we could go from here. Recorded May 18, 2020.

Guests

• Scott Burris, JD, Professor and Director, Center for Public Health Law Research Temple University, Beasley School of Law, @scottburrisphlr

• Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University Law School @ProfessorLGable

• Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law, @weparmet

Host

Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law, @nicolasterry

5/14/20: Workplace Safety

Workplace safety for essential workers raises considerable legal and ethical questions during this pandemic. Guest Emily Spieler will discuss how employment and labor laws, including the Occupational Safety and Health Administration’s approach to the pandemic, are (and are not) protecting the safety of these critical but vulnerable workers, and what legal avenues exist to ensure safety for these workers and others as we move toward reopening of additional workplaces.

guest

Emily A. Spieler, JD, Hadley Professor of Law, Northeastern University School of Law, @NUSL

host

Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law, @weparmet

5/13/20: Where’s the Beef? Food Supply Chain and Shortages

The new coronavirus has hit US meatpacking and other food supply chains particularly hard, with many workers in these plants facing some of the highest incidence rates of the virus in the country. This Briefing addresses how law and policy, and food system regulation are holding up during this turbulent period, and how policymakers may consider moving forward from here to protect workers and ensure the continued safety and sufficiency of the US food supply.

Guest

Steph Tai, JD, PhD, Professor of Law, University of Wisconsin School of Law, @WisconsinLaw

host

Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University Law School @ProfessorLGable

5/12/20: Elections Concerns

There are 19 state primary elections between May 12 and June 9, when many states have stay-at-home orders in place until at least June 4. Amid an ongoing pandemic, election security and safety for voters remain in question. Our guests reflect on concerns raised by the recent primary in Wisconsin, and project ahead with lessons learned for the forthcoming primaries.

GuestS

• Rebecca Green, JD, Professor of Law, Kelly Professor of Excellence in Teaching, Co-Director of the Election Law Program, William & Mary Law School, @WMLawSchool

• Philip Rocco, PhD, Assistant Professor, Political Science, Klingler College of Arts and Sciences, Marquette University, @PhilipRocco

Host

Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law, @nicolasterry

5/7/20: Liability Shields

This broad-ranging Briefing discusses immunity waivers at various levels, ranging from PREP to CARES, malpractice provisions already in place, immunity for the nursing home industry, and more.

Guests

• Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law, @nicolasterry

• Timothy D. Lytton, JD, Associate Dean for Research & Faculty Development, Distinguished University Professor & Professor of Law, Center for Law, Health & Society, Georgia State University College of Law, @TimothyLytton

Host

Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University Law School @ProfessorLGable

5/6/20: Human Subject Research

Amid social distancing and other on-the-ground mitigation measures, arises the necessity of a vaccine and other therapeutic treatments for long-term treatment or eradication of COVID-19. With drug development comes questions of safety and efficacy, and inevitable concerns around human subject research. This Briefing explores the legal issues around how to balance speed to market, obligations to science, and an ethical development process.

Guests

• Jennifer Bard, JD, PhD, Visiting Professor of Law, University of Florida, @ProfBardLaw

• Holly Fernandez Lynch, JD, MBe, John Russell Dickson, MD Presidential Assistant Professor of Medical Ethics, Perelman School of Medicine, University of Pennsylvania, @HollyLynchez

Host

Scott Burris, JD, Professor and Director, Center for Public Health Law Research at Temple University’s Beasley School of Law, @scottburrisphlr

5/5/20: Transmission Criminalization

Just like many epidemics before it, COVID-19 has spurred a set of punitive responses. This Briefing explores the lessons criminalization of HIV can provide for COVID-19 prevention and response.

Guest

Alexander McClelland, PhD, Banting Postdoctoral Fellow, University of Ottawa, @alexmcclelland

Host

Leo Beletsky, JD, MPH, Professor of Law and Health Sciences and Faculty Director, Health in Justice Action Lab, Northeastern University School of Law and Bouvé College of Health Sciences, @LeoBeletsky

4/30/20: Surveillance

Understanding the spread of the virus will help authorities make better, real-time decisions about how to move forward in their response to the pandemic. But with surveillance comes a host of questions and concerns about data privacy, data security, and autonomy. This Briefing touches on the legal issues of contact tracing tools and surveillance.

Guests

• Anne Boustead, JD, PhD, Assistant Professor, University of Arizona School of Government and Public Policy, @annieboustead

• Jennifer Oliva, JD, Associate Professor at Seton Hall Law, @jenndoliva

Host

Benjamin Boudreaux, PhD, Policy Researcher at the RAND Corporation and Professor at the Pardee RAND Graduate School, @PardeeRAND

4/29/20: Race and Bias in COVID-19 Care and Response

Recent reporting data are showing that racial minorities in the United States are disproportionately affected by COVID-19 – both in hospitalization rates and deaths. It seems the virus does discriminate by exacerbating existing racial disparities and bias. This Briefing focuses on the disparate impact of COVID-19, and explores the way public policy decisions may be used to begin to chip away at some of the disproportionate negative effects.

Guest

Dayna Matthew, JD, PhD, William L. Matheson and Robert M. Morgenthau Distinguished Professor of Law, F. Palmer Weber Research Professor of Civil Liberties and Human Rights, Professor of Public Health Sciences, and Director of The Equity Center, University of Virginia School of Law, @daynamatthew3

Host

 Scott Burris, JD, Professor and Director, Center for Public Health Law Research at Temple University’s Beasley School of Law, @scottburrisphlr

4/28/20: Immigration

On April 22, President Trump issued an executive order to limit immigration and pause the issuance of Green Cards to prevent the continued spread of COVID-19. In this Briefing, our guests discuss whether limitations on immigration may be a sound mitigation tactic, or whether restrictive immigration policies may be impeding our response to the pandemic.

Guests

• Medha D. Makhlouf, Assistant Professor of Law and Founding Director of the Medical-Legal Partnership Clinic at Penn State Dickinson Law, @MedhaD

• Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law, @weparmet

Host

Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law, @nicolasterry

4/23/20: Abortion Execeptionalism

Over the past few weeks, nine states have tried to implement—with varying degrees of success—measures suspending abortions in response to the COVID-19 pandemic. Our panel of reproductive rights experts discusses recent court opinions, future Supreme Court intervention, and possible lasting impacts on reproductive health law in the United States.

Panel

• Maya Manian, JD, PhD, Visiting Professor, Howard University School of Law, @mayamanian

• Seema Mohapatra, JD, MPH, Associate Professor of Law and Dean’s Fellow, Indiana University Robert H. McKinney School of Law, @profmohapatra

• Rachel Rebouché, JD, Associate Dean for Research and Professor, Temple University Beasley School of Law, @RRebouche

4/22/20: The Laws of “Unlocking”

Where do we go from here? Our guests discuss the patchwork of laws that could and should come into effect as we begin to look toward unlocking the United States. How can state and local governments act and interact with the federal mandates for the best possible outcomes — both epidemiologically and economically.

Guest

Lindsay Wiley, JD, Professor, American University Washington College of Law, @ProfLWiley

Host:

Scott Burris, JD, Professor and Director, Center for Public Health Law Research at Temple University’s Beasley School of law, @scottburrisphlr

4/21/20: Evictions in the age of COVID-19

As the coronavirus continues to take its toll on unemployment in the United States, one of the biggest questions for Americans is how they will afford to pay rent. To protect renters, a growing number of cities and states are have temporarily halted evictions. During this Briefing, our guests describe the government authority to act and prevent evictions, and consider the sustainability of these orders and implications for the economy and public health going forward.

Guests

• Emily Benfer, JD, Visiting Associate Clinical Professor of Law, Columbia University Law School, @emilyabenfer

• Alieza Durana, MPP, Senior Narrative Change Liaison, Eviction Lab, Princeton University, @aliezadurana

HOST

Abraham Gutman, MA, Editorial and Opinion Writer, Philadelphia Inquirer, @abgutman

4/16/20: Medicaid and the ACA

As it becomes clearer that the impacts of COVID-19 will be felt disproportionately by those already facing disparities, one question that keeps arising is the role insurance will play in the fall-out. This Briefing focuses on Medicaid and the ACA, particularly the implications of not re-opening the exchanges.

Guests

• Nicole Huberfeld, JD, Professor, Boston University School of Public Health and School of Law @nhuberfeld1

• Sidney Watson, JD, Jane and Bruce Robert Professor, Director, Center for Health Law Studies, Saint Louis University School of Law @SLULAW

Host

Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law @weparmet

4/15/20: Drug Development, the Role of the FDA, and Emergency Use

This Briefing seeks to demystify drug development — offering a crash in the development process and clinical trials, the role the FDA plays in reviewing and approving drugs, and the differences between off-label and compassionate use.

Guests

• Patricia J. Zettler, JD, Assistant Professor, The Ohio State University Michael E. Moritz College of Law @pzettler

• Michael Sinha, MD, JD, MPH, Research Fellow, Harvard-MIT Center for Regulatory Science, @DrSinhaEsq

Host

Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law @nicolasterry

4/14/20: Travel Restrictions and Cordon Sanitaire

This Briefing reviews the differences among the various movement restrictions imposed at the local and state levels. Specially, they will discuss restrictions popping up in the South and New England, and how these restrictions may play a part in the “unlocking” of the American public once the pandemic is in decline.

guest

Ross Silverman, JD, MPH, Professor, University of Indiana Richard M. Fairbanks School of Public Health and the Robert H. McKinney School of Law, @phlu

Host

Scott Burris, JD, Professor and Director, Center for Public Health Law Research at Temple University’s Beasley School of law, @scottburrisphlr

Further reading & Resources

• Disease Control, Civil Liberties, and Mass Testing — Calibrating Restrictions during the Covid-19 Pandemic. David M. Studdert, L.L.B., Sc.D., and Mark A. Hall, J.D. April 9, 2020 DOI: 10.1056/NEJMp2007637

• Thinking Globally, Acting Locally — The U.S. Response to Covid-19 Rebecca L. Haffajee, J.D., Ph.D., M.P.H., and Michelle M. Mello, J.D., Ph.D. April 2, 2020 DOI: 10.1056/NEJMp2006740

• Pan A, Liu L, Wang C, et al. Association of Public Health Interventions With the Epidemiology of the COVID-19 Outbreak in Wuhan, China. JAMA. 2020.

• Gostin LO, Wiley LF. Governmental Public Health Powers During the COVID-19 Pandemic: Stay-at-home Orders, Business Closures, and Travel Restrictions. JAMA. 2020.

• COVID-19 Reinforces the Argument for “Regular” Judicial Review—Not Suspension of Civil Liberties—In Times of Crisis, APRIL 9, 2020, by Lindsay F. Wiley and Steve Vladeck, https://blog.harvardlawreview.org/covid-19-reinforces-the-argument-for-regular-judicial-review-not-suspension-of-civil-liberties-in-times-of-crisis/

4/9/20: Protecting the Vulnerable Substance Use Disorder Population During COVID-19

This Briefing will explore the legal and policy questions around substance use disorder (SUD) exceptionalism. Panelists discuss how different legal rules apply to access to medications for opioid use disorder and other services compared to those provided to the majority with access to care; and, how we can construct social support, services, and safe housing for a population that has strong overlaps with other extremely vulnerable cohorts such as the homeless or newly released prisoners.

Panelists

• Deborah A. Reid, JD, MPS, Senior Health Policy Attorney, Legal Action Center

• Leo Beletsky, JD, MPH, Professor of Law and Health Sciences and Faculty Director, Health in Justice Action Lab, Northeastern University School of Law and Bouvé College of Health Sciences

• Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law

4/8/20: HIPAA Privacy Waivers

This Briefing will explore how the HIPAA Privacy Rule and other laws protecting health information privacy may be altered during the COVID-19 outbreak. The US Department of Health and Human Services has already announced that it will exercise enforcement discretion and will not impose penalties for some violations of the privacy regulations. Panelists discuss the implications of these changes and the ongoing relevance of health information privacy during a pandemic.

Guests

• Leslie Francis, JD, PhD, Professor of Law, Unviersity of Utah School of Law

• Stacey A. Tovino, JD, PhD, Professor of Law, UNLV William S. Boyd School of Law @tovino_stacey

Host

Lance Gable, JD, Associate Professor of Law Wayne State University

4/7/20: Issues and Boundaries of Federalism

This COVID-19 Law and Policy Briefing explores vertical and horizontal federalism to address how the federal government and state governments can act and interact during the pandemic.

Guests

• Wendy E. Parmet, JD, Professor and Director, Center for Health Policy and Law, Northeastern University School of Law

• Elizabeth Weeks, JD, Associate Dean for Faculty Development, and Charles H. Kirbo Chair of Law, University of Georgia School of Law

Host

Nicolas Terry, LLM, Professor and Executive Director of William S. and Catherine S. Hall Center for Law and Health, Indiana University Robert H. McKinney School of Law

4/2/20: Legality and Challenges to Rationing Medical Resources
(Parts I & II)

In light of the current rationing of personal protective equipment for medical professionals, and ventilators and other life-saving and sustaining medical resources, legal experts for this live COVID-19 Law and Policy Briefing discuss the legality of and potential legal challenges to rationing of medical resources. The guests also review disability rights and access in the context of medical resource rationing.

Guests

• Lance Gable, JD, MPH, Associate Professor of Law, Wayne State University Law School @ProfessorLGable

• Diane Hoffman, JD, Director, Law and Health Care Program and Professor, University of Maryland Carey School of Law

• Leslie Francis, JD, PhD, Professor of Law, University of Utah College of Law @francislprof

• Samuel Bagenstos, JD, Professor, University of Michigan College of Law @sbagen

• Govind Persad, JD, Assistant Professor, Sturm College of Law @GovindPersad

Host

Abraham Gutman, MS, Editorial and Opinion Writer, Philadelphia Inquirer @abgutman

3/31/20: Commandeering Private Property for Pandemic Response

As the number of cases grows in this pandemic, one specific medical resource in short supply is bed space. One solution to this issue is for governments to commandeer private property, such as hotels, convention centers, university dormitories, or even defunct hospitals. The legal question here is one of authority.

Guest

Vickie Williams, JD, Senior Regulatory Counsel at CommonSpirit Health @CommonSpirit

Host

Scott Burris, JD, Center for Public Health Law at Temple University’s Beasley School of Law @scottburrisphlr

3/31/20: Impacts and Implications for US Prisons

As COVID-19 continues to spread around the world, vulnerable populations like those in the US prison system are at particular risk. This live COVID-19 Law and Policy Briefing will describe the current situation and explore legal issues of COVID-19 in jails and prisons. These include the steps prisons and jails may take to protect inmate populations and employees, the rights prisoners have to care and prevention, and what happens next for prisoners who are released.

Host

Scott Burris, JD, Center for Public Health Law at Temple University’s Beasley School of Law @scottburrisphlr

Guest

Leo Beletsky, JD, MPH, Professor of Law and Health Sciences and Faculty Director, Health in Justice Action Lab, Northeastern University School of Law and Bouvé College of Health Sciences @LeoBeletsky

further reading & resources

• Aaron Littman, (De)carceral Jail Administration,

• Justice Collaborative COVID-19 Report on public support:

• List of infectious disease decarceration policies by state:

• Kajeepeta, S., Rutherford, C. G., Keyes, K. M., El-Sayed, A. M., & Prins, S. J. (2020). County Jail Incarceration Rates and County Mortality Rates in the United States, 1987–2016. American Journal of Public Health, 110(S1), S109-S115. doi: 10.2105/ajph.2019.305413

• Skarupski, K. A., Gross, A., Schrack, J. A., Deal, J. A., & Eber, G. B. (2018). The Health of America’s Aging Prison Population. Epidemiologic Reviews, 40(1), 157-165. doi: 10.1093/epirev/mxx020