COVID-19

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Essay
Policing Opioid Use Disorder in a Pandemic
Jennifer D. Oliva
Associate Professor of Law, Seton Hall University School of Law.

We are not very good at admitting past mistakes, especially on issues of race, and that has consequences.

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Essay
The Troubling Case of the Unlimited Pass-Through Deduction: Section 2304 of the CARES Act
Clint Wallace
Clint Wallace is an Assistant Professor of Law at the University of South Carolina School of Law.

The author thanks Lad Boyle, Ari Glogower, Daniel Hemel, Greg Polsky and Steve Rosenthal for discussion and feedback. He also thanks Madison Rinehart for assistance with research, and Matthew Reade and his colleagues at the University of Chicago Law Review for their attentive editing. Other work by the author is available here.

When the CARES Act was signed into law in late March 2020, it looked to be an appropriately extraordinary legislative response befitting the extraordinary public health and economic challenges presented by the COVID-19 pandemic.

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Essay
Pandemic Elections
Miriam George
Miriam George is a J.D. Candidate in The University of Chicago Law School Class of 2021. She received a B.A. from Boston College in 2018.

She thanks Matthew Reade for his comments on this piece.

The year 2020 will go down in U.S. history as a year of myriad unprecedented events that transformed American life.

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Essay
Democratic Legitimacy Under Conditions of Severely Depressed Voter Turnout
James A. Gardner
James Gardner is the Bridget and Thomas Black SUNY Distinguished Professor of Law and Research Professor of Political Science at the University at Buffalo School of Law, State University of New York.

He thanks Rick Pildes for comments on a prior draft.

The 2020 presidential election, possibly one of the most consequential in the nation’s history, now looks increasingly as though it will be held during an unprecedented pandemic.

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Essay
Direct Democracy Denied: The Right to Initiative During a Pandemic
Richard L. Hasen
Richard L. Hasen is the Chancellor’s Professor of Law and Political Science at UC Irvine School of Law.

He thanks Joshua Spivak for useful comments and suggestions.

Putting aside the Supreme Court’s controversial decision in Republican National Committee v. Democratic National Committee, the case overextending the date for receipt of absentee ballots in the April 2020 Wisconsin primary, many (although not all) courts have done a fairly good job protecting voting rights during the COVID-19 pandemic.

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Essay
Election Litigation in the Time of the Pandemic
Nicholas Stephanopoulos
Nicholas Stephanopoulos is a professor at Harvard Law School. He specializes in election law.

In a time when normal life has ground to a halt, it may be reassuring that one American tradition—suing over electoral rules—is still going strong.

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Essay
Free Exercise in a Pandemic
Zalman Rothschild
Zalman Rothschild is a law clerk to the U.S. Court of Appeals for the Third Circuit, a Nonresident Fellow at the Stanford Constitutional Law Center, and Faculty at the Shalom Hartman Institute of North America. He earned a J.D., magna cum laude, from Harvard Law School, a Ph.D. from New York University, and an M.A. from Yeshiva University.

The author wishes to thank Rick Garnett and Zachary David for helpful comments.

It was only a matter of time before the Supreme Court would have to issue a decision on a church’s challenge to a state’s stay-at-home orders.

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Essay
The Federal Government Probably Can’t Order Statewide Quarantines
Maryam Jamshidi
Maryam Jamshidi is an Assistant Professor of Law at the University of Florida, Levin College of Law.

For helpful comments and conversations, thanks to Paul McGovern, Scott Skinner-Thompson, and Ehsan Zaffar. Many thanks, as well, to the editors of the University of Chicago Law Review for their thoughtful revisions and suggestions. All errors are my own.

On Saturday, March 28, 2020, President Donald Trump floated the possibility of issuing a “quarantine” order for the states of New York, New Jersey, and Connecticut because of their numerous COVID-19 cases.