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96 Notre Dame L. Rev. Online 1 (2020)

handle is hein.journals/ndalro96 and id is 1 raw text is: 


                             Katherine   Florey*

      The strict controls that many jurisdictions, including most U.S. states, established
to contain the COVID-19  pandemic have proven  difficult to sustain over time, and
most places are moving to lift them. Internationally, many plans to ease lockdowns
have retained some form of travel restrictions, including the green zone plans adopted
by France and Spain, which limit travel between regions with widespread community
transmission of COVID-19  and those without it. By contrast, most U.S. states lifting
shelter-in-place orders have opted to remove limits on movement as well. This Essay
argues that this situation is unwise: it tends to create travel patterns that increase the
spread of COVID-19 while at the same time hindering contact tracing and information
gathering. While broad quarantines have a complicated and far from perfect record in
the United States, more targeted measures are likely within states' constitutional powers
to impose, might be more palatable to the public, and could play a significant role in
helping to contain the spread of COVID-19.


     Starting in late April and continuing  through  May and June  2020,2 state
and  local governments  have modified  shelter-in-place or stay-at-home orders
earlier imposed in response to the 2020 COVID-19 pandemic.                This
development   has been  driven by many forces, including constituent pressure,

   @   2020 Katherine Florey. Individuals and nonprofit institutions may reproduce and
distribute copies of this Essay in any format at or below cost, for educational purposes, so
long   as   each   copy   identifies the   author,   provides  a   citation  to
Notre Dame Law Review Reflection, and includes this provision and copyright notice.
    *  Martin Luther King, Jr. Professor of Law, University of California, Davis, School of
Law. Thanks toJohn Hunt, Kate Kretler, Lisa Ikemoto, and Kelsey Santamaria for helpful
comments  and to Laura Kurtz for superb research assistance.
    1  See Jasmine C. Lee, Sarah Mervosh, Yuriria Avila, Barbara Harvey & Alex Leeds
Matthews, See How  All 50  States Are Reopening (and Closing Again), N.Y. TIMES,
https://www.nytimes.com/interactive/2020/us/states-reopen-map-coronavirus.html (last
updated Aug. 14, 2020).
    2  See Julie Mazziotta, Coronavirus Surges in Parts of the U.S. After Memorial Day-See
What's  Happening   in  Your   State, PEOPLE   (June  10,  2020,   12:56  PM),
https: //people.com/ health/ coronavirus-cases-spiking-21-states-after-memorial-day-


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