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The Problem With Relying On Profit-Driven Models To Produce Pandemic Drugs, Ana Santos Rutschman
The Problem With Relying On Profit-Driven Models To Produce Pandemic Drugs, Ana Santos Rutschman
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The longstanding problems of relying on a market response to a pandemic are becoming readily apparent in the United States, which has quickly become the epicenter of the COVID-19 outbreak. The problems are particularly pronounced in pharmaceutical markets, where we are pinning our hopes for both cures and vaccines. In previous work we have shown how characteristics of healthcare markets in the United States create a divergence between the private incentives of for-profit companies and public health needs, leading to sub-optimal health outcomes in what is a uniquely market-driven healthcare system. In this Essay, written as the COVID-19 pandemic unfolds, …
Reviving Focused Scrutiny In The Constitutional Review Of Public Health Measures, Robert Gatter
Reviving Focused Scrutiny In The Constitutional Review Of Public Health Measures, Robert Gatter
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This article re-examines the "focused scrutiny" standard proposed by Prof. Scott Burris in 1989 and argues for its application particularly during an infectious disease emergency such as the COVID-19 pandemic. Focused scrutiny seeks to tie judicial review of the constitutionality of public health measures closely to the facts of the particular disease and to evidence of the efficacy of each governmental action to prevent the spread of that disease, even when courts adopt rational basis testing.