Litigating the Pandemic

Disaster Cascades in Court

Susan M. Sterett

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English

University of Pennsylvania Press
22 August 2023

Social impact of disasters; Central government policies; Civil procedure, litigation & dispute resolution

Series: Critical Studies in Risk and Disaster

As officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too.

Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic.

Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.

By: Susan M. Sterett
Imprint: University of Pennsylvania Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm,
ISBN: 9781512824834
ISBN 10: 1512824836
Series: Critical Studies in Risk and Disaster
Pages: 224
Publication Date: 22 August 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Susan M. Sterett is Professor of Public Policy at the University of Maryland, Baltimore County.

Reviews for Litigating the Pandemic: Disaster Cascades in Court

"""Litigating the Pandemic is an exciting read for scholars of court behavior, political systems analysis, public health, and disaster studies. Sterett argues that understanding pandemics as a cascading disaster reveals a complex and linked system in which courts (both the Supreme Court and the lower courts) act as the mediators of interests that may or may not serve the interests of the public."" * Choice *"