Medical Martial Law: Towards a More Effective Pandemic Policy

47 SIU L.J. 1 (fall 2022)

74 Pages Posted: 28 Jul 2020 Last revised: 27 Dec 2022

See all articles by John W. Bagby

John W. Bagby

Pennsylvania State University

Robert J. Aalberts

University of Nevada, Las Vegas

Chad G. Marzen

Pennsylvania State University - Department of Insurance & Real Estate

Date Written: July 9, 2020

Abstract

This article synthesizes the political-economic geography regime with existing political subdivision modeling to predict the legitimacy of various authorities that might order medical martial law. Such “districting” authority, as limited by the Constitutional right to travel, reveals a range of authorities to declare and enforce remediation of emergencies under various legal frameworks within defined geographic areas. The primary interdisciplinary approach used here is public policy, political economy and economic geography. We demonstrate how the latter contributes greatly. First, the science of spatial understanding is offered by physical geographers for the physical barriers that shape political borders and may define contagion vectors based largely on traditional travel patterns. Second, economic geography provides insight into the size, shape and extent of regional trade areas within which contagion vectors may be predicted. Third, the policy reach of various political entities and subdivisions is considered to yield insights fusing political geography with political science through the law.

Keywords: Medical Martial Law

JEL Classification: K23, K32, K42, I18, P46, R58

Suggested Citation

Bagby, John W. and Aalberts, Robert J. and Marzen, Chad G., Medical Martial Law: Towards a More Effective Pandemic Policy (July 9, 2020). 47 SIU L.J. 1 (fall 2022) , Available at SSRN: https://ssrn.com/abstract=3647275 or http://dx.doi.org/10.2139/ssrn.3647275

John W. Bagby (Contact Author)

Pennsylvania State University ( email )

P.O.Box 9
Green Ridge, MO MO 65332
United States

Robert J. Aalberts

University of Nevada, Las Vegas ( email )

College of Business & Economics
524 VIA DEL CAPITANO CT
Henderson, NV 89011
United States

Chad G. Marzen

Pennsylvania State University - Department of Insurance & Real Estate ( email )

University Park, PA 16802-3306
United States

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