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Annotated Bibliography of Covid-19 Legal Literature

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Annotated Bibliography of Covid-19 Legal Literature MELBOURNE LAW SCHOOL COVID-19 RESEARCH NETWORK ANNOTATED BIBLIOGRAPHY OF COVID-19 LEGAL LITERATURE Updated 1 June 2020 Note: the annotated bibliography below is arranged A) Literature B) Organisations and C) Blogs, journals and websites. The literature in Part A primarily includes scholarship and professional literature and is divided into broad topics, beginning with general literature followed by specific topics. We have only included each article under one topic heading, even if it is appropriate to be listed in two or more topics. A note on the jurisdiction is included if this is not immediately obvious from the title. We have only included literature written in English. Part B lists selected organisations with dedicated COVID-19 legal publications pages. Part C lists blogs or other online fora – this is a list to extend the excellent resource of such online commentary, using such authoritative sources such as EJIL: Talk! and Opinio Juris, that has already been compiled by the George C Marshall European Centre for Security Studies in Germany, and is being regularly updated – see Jonathan G Odom, ‘COVID-19 and the Law: A Compilation of Legal Resources’. Links are provided to literature available on open access. This bibliography will be regularly updated. This bibliography was compiled by the Melbourne Law School Academic Research Service, using the following journal article databases: Index to Legal Periodicals (EBSCO), AGIS (INFORMIT), Westlaw UK Journals, Westlaw Canada Journals, HEIN, SSRN and Google Scholar. Few scholarly journals have yet published COVID-19 articles - although many journals have ‘relaxed’ the usually stringent peer review process in order to get articles published quickly, the process is still quite lengthy, so most scholarship listed is in its pre-publication form on eg: SSRN. Many of the SSRN articles have been uploaded independently by SSRN scholars, rather than as part of, for example, a research paper series. Please contact Robin Gardner in the Academic Research Service [email protected] if you have any suggestions for additional content. Contents A) SCHOLARSHIP AND PROFESSIONAL LITERATURE .................................................................................. 1 GENERAL ................................................................................................................................................... 1 ADMINISTRATIVE LAW / REGULATORY RESPONSES ................................................................................. 6 BUSINESS LAW (INCLUDING FRANCHISES) ............................................................................................. 38 CHARITY LAW .......................................................................................................................................... 40 COMPETITION AND CONSUMER LAW .................................................................................................... 41 CONSTITUTIONAL LAW ........................................................................................................................... 47 CONSTRUCTION LAW .............................................................................................................................. 55 CONTRACT LAW ...................................................................................................................................... 56 CORPORATIONS LAW .............................................................................................................................. 61 COURTS / DISPUTE RSOLUTION .............................................................................................................. 69 CRIMINAL LAW & PROCEDURE / CRIMINAL JUSTICE .............................................................................. 75 ELECTION LAW ........................................................................................................................................ 86 ENERGY AND NATURAL RESOURCES LAW .............................................................................................. 87 ENVIRONMENTAL LAW ........................................................................................................................... 87 FINANCE & BANKING / INVESTMENT LAW / ECONOMIC LAW ............................................................... 89 FOOD, AGRICULTURE, ANIMALS ........................................................................................................... 103 HEALTH / MEDICAL LAW & ETHICS ....................................................................................................... 104 HUMAN RIGHTS / CIVIL LIBERTIES / EQUALITY & DISCRIMINATION .................................................... 118 INDIGENOUS LAW & GOVERNANCE ..................................................................................................... 133 INSOLVENCY & BANKRUPTCY ............................................................................................................... 134 INTELLECTUAL PROPERTY ..................................................................................................................... 137 INTERNATIONAL LAW ........................................................................................................................... 140 International Economic Law ............................................................................................................. 146 International Trade Law .................................................................................................................... 148 LABOUR LAW / EMPLOYMENT .............................................................................................................. 149 LEGAL EDUCATION ................................................................................................................................ 162 LEGAL PROFESSION / LEGAL PRACTICE ................................................................................................. 166 MARITIME LAW ..................................................................................................................................... 170 PRIVACY & DATA PROTECTION ............................................................................................................. 170 REFUGEE & ASYLUM SEEKER / IMMIGRATION LAW ............................................................................. 179 SPORTS LAW.......................................................................................................................................... 184 TAX LAW ................................................................................................................................................ 184 WILLS ..................................................................................................................................................... 189 B) INTERNATIONAL & REGIONAL ORGANISATIONS – STATEMENTS & GUIDELINES ............................. 190 C) JOURNALS / WEBSITES / BLOGS PUBLISHING REGULAR COVID-19 LITERATURE .............................. 191 A) SCHOLARSHIP AND PROFESSIONAL LITERATURE GENERAL Chesterman, Simon, ‘Covid-19 and the Global Legal Disorder’ (SSRN Scholarly Paper ID 3588397, 29 April 2020) Abstract: When the world restarts and the masks are put away, will the global legal order look the same? Should it? A crisis is a terrible time to make predictions about the future. But it’s a great time to rethink dubious assumptions of the past, and address tensions revealed in the present. Just within the field of international law, Covid-19 has encouraged all three. Pundits predict the death of globalization — or its rebirth. Others assert that they always knew the global public health infrastructure was fundamentally flawed, or that it was the one thing saving us from apocalypse. And, of course, there are those eagerly seeking someone, somewhere, against whom they might bring a lawsuit. So it might be helpful to sort some of the wheat from the chaff and map out what we know, what we don’t know, and where we might go from here. Gostin, Lawrence O, Eric Friedman and Sarah Wetter, ‘Responding to COVID-19: How to Navigate a Public Health Emergency Legally and Ethically’ (SSRN Scholarly Paper ID 3579094, 26 March 2020) Jurisdiction: USA Abstract: Widespread social separation is rapidly becoming the norm, including closure of schools and universities, tele-commuting to work, bans on large gatherings, and millions of people isolated in their homes or make-shift facilities. Bans on international travel are already pervasive. Domestic travel restrictions are exceedingly rare, but now within the realm of possibility. Officials are even discussing cordon sanitaires (guarded areas where people may not enter or leave), popularly described as ‘lockdowns’ or mass quarantines. When the health system becomes stretched beyond capacity, how can we ethically allocate scarce health goods and services? How can we ensure that marginalized populations can access the care they need? What ethical duties do we owe to vulnerable people separated from their families and communities? And how do we ethically and legally balance public health with civil liberties? 1 Hodges, Christopher, ‘Basing Action and Structures on Values in a Post-Corona World’ (Oxford Legal Studies Research Paper No 18/2020, 2020) Abstract: Every country has experienced profound attack from the Coronavirus. Every state will now face deep economic damage, possibly for a prolonged period. The next stage of economic disruption produces
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