Litigating the Pandemic: Disaster Cascades in Court

Governance problems during the COVID-19 pandemic have led to legal disputes between businesses, governments, and interest groups. Susan M. Sterett argues that governing during disasters must include human institutions intertwined with the effects of the virus, as failures in private insurance, conflicts about religion, government authority, and health predated the pandemic and will persist in future disasters.

Format: Hardback
Length: 224 pages
Publication date: 22 August 2023
Publisher: University of Pennsylvania Press

As the COVID pandemic unfolded in 2020, its far-reaching consequences extended beyond immediate public health concerns. The governance challenges that surfaced during this crisis would also be prevalent in other climate-related disasters. Many of these governance issues ended up in court. Businesses sought insurance claims for lost revenue, only to have them denied, leading some to file lawsuits. Defense attorneys argued for the release of inmates from prison, citing unsafe living conditions. As state governments implemented closures and sought to adapt, interest organizations that had long advocated for limited government authority challenged these measures in court. Political officials criticized litigation, claiming it would hinder business reopenings.

The United States, like many other countries, governs in part through litigation, providing a window into the multifaceted governance failures during the pandemic. Susan M. Sterett, in her book "Governing during the Pandemic: Human Institutions and the Effects of the Virus," argues that governing during a disaster, or indeed any crisis, must encompass the human institutions intertwined with the virus's impact. These institutions reveal problems that extend beyond the realm of technical expertise. Failures in private insurance as a means of managing risk, conflicts over the primacy of religion, government authority, and health, are issues that predate the pandemic and are likely to persist in future disasters.

The pandemic highlighted the interconnectedness of various systems and institutions, emphasizing the need for a holistic approach to governance. It underscored the importance of collaboration, communication, and adaptability in responding to crises. As we navigate the ongoing challenges of climate change and other environmental emergencies, it is crucial to learn from the lessons of the pandemic and build resilient and sustainable systems that prioritize the well-being and rights of all individuals.

Dimension: 229 x 152 (mm)
ISBN-13: 9781512824834