作者：Murphy, Sean D.
作者单位：George Washington University
作者：Pozen, David E.; Scheppele, Kim Lane
作者单位：Columbia University; Princeton University; Princeton University
摘要：Legal scholars are familiar with the problem of executive overreach, especially in emergencies. But sometimes, instead of being too audacious or extreme, a national executive's attempts to address a true threat prove far too limited and insubstantial. In this Essay, we seek to define and clarify the phenomenon of executive underreach, with special reference to the COVID-19 crisis; to outline ways in which such underreach may compromise constitutional governance and the international legal orde...
作者：Meyer, Timothy
作者单位：Vanderbilt University
摘要：This Essay argues that trade agreements may overly constrain the ability of states to regulate supply chains for critical products such as medical supplies. Free trade agreements (FTAs) may exacerbate supply chain concentration, especially through loose rules of origin. And WTO rules constrain preventative regulation of supply chain risks designed to prevent a crisis, while providing exceptions for aggressive action only in the face of a crisis. Thus, WTO members risk flouting WTO rules if the...
作者：Danchin, Peter G.; Farrall, Jeremy; Rana, Shruti; Saunders, Imogen
作者单位：University System of Maryland; University of Maryland College Park; University System of Maryland; University of Maryland College Park; Australian National University; Indiana University System; Indiana University Bloomington; Indiana University System; Indiana University Bloomington
摘要：This Essay examines a series of paradoxes that have rendered the international legal order's mechanisms for collective action powerless precisely when they are needed most to fight COVID19. The patriotism paradox is that disengagement from the international legal order weakens rather than strengthens state sovereignty. The border paradox is that securing domestic populations by excluding noncitizens, in the absence of accompanying regulatory mechanisms to secure adherence to internal health me...
作者：Meguro, Maiko
作者单位：University of Amsterdam
