Wednesday, July 8, 2020

Law, Structural Racism, and the COVID-19 Pandemic - new article by Professors Ruqaiijah Yearby & Seema Mohapatra

Professors Ruqaiijah Yearby and Seema Mohapatra recently posted a manuscript entitled "Law, Structural Racism, and the COVID-19 Pandemic", published in the Journal of Law and the Biosciences.  Here is the abstract:

Racial and ethnic minorities have always been the most impacted by pandemics because of: disparities in exposure to the virus; disparities in susceptibility to contracting the virus; and disparities in treatment. This article explains how structural racism, the ways in which laws are used to advantage the majority and disadvantage racial and ethnic minorities, has caused these disparities. Specifically, this article focuses on how employment, housing, health care, and COVID-19 relief laws have been manipulated to disadvantage racial and ethnic minorities, making minorities more susceptible to COVID-19 infection and death. This article uses Blumenshine’s 2008 framework to outline how structural racism causes racial and ethnic minorities’ disparities in exposure to viruses, in susceptibility to contracting viruses, in treatment of viruses, and in infection and death rates. This article discusses how historical and current practices of structural racism in existing employment, housing, and health care laws and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) cause disparities in COVID-19 infections and deaths. This article suggests legal solutions to address structural racism as well as public health solutions to help mitigate the racialized effects of the disease.

Previously, Professors Yearby and Mohapatra authored a related blog post entitled "Structural Discrimination In COVID-19 Workplace Protections."

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