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Full-Text Articles in Law
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Allocating Medicine Fairly In An Unfair Pandemic, Govind Persad
Sturm College of Law: Faculty Scholarship
America’s COVID-19 pandemic has both devastated and disparately harmed minority communities. How can the allocation of scarce treatments for COVID-19 and similar public health threats fairly and legally respond to these racial disparities? Some have proposed that members of racial groups who have been especially hard-hit by the pandemic should receive priority for scarce treatments. Others have worried that this prioritization misidentifies racial disparities as reflecting biological differences rather than structural racism, or that it will generate mistrust among groups who have previously been harmed by medical research. Still others complain that such prioritization would be fundamentally unjust. I argue …
Transparency Trade-Offs Priority Setting, Scarcity, And Health Fairness, Govind Persad
Transparency Trade-Offs Priority Setting, Scarcity, And Health Fairness, Govind Persad
Sturm College of Law: Faculty Scholarship
This chapter argues that rather than viewing transparency as a right, we should regard it as a finite resource whose allocation involves tradeoffs. It then argues that those tradeoffs should be resolved by using a multi-principle approach to distributive justice. The relevant principles include maximizing welfare, maximizing autonomy, and giving priority to the worst off. Finally, it examines some of the implications for law of recognizing the tradeoffs presented by transparency proposals.