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73 Rutgers U. L. Rev. Comments. 81 (2020-2021)

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RUTGERS UNIVERSITY LAW REVIEW


COMMENTARIES                                            FALL 2020


GOVERNANCE BY WEB UPDATES: THE COMMONWEALTH OF
PENNSYLVANIA'S REGULATION BY WEBSITE GUIDANCE IN
  RESPONSE TO COVID-19 AND OTHER TRANSPARENCY
                         CONCERNS

                     Kevin M. Levy, Esq.*


                             ABSTRACT

     The world is a much different place than it was just a few
   months  ago due to the omnipresence of the novel coronavirus
   known  as COVID-19. Businesses have opened, closed, reopened,
   and reclosed. In the Commonwealth of Pennsylvania, residents
   and businesses have urgently looked to government officials for
   guidance and  hope. And while Commonwealth  officials have
   performed steadfastly in combatting the scourge of COVID-19,
   their practice of governing by multiple overlapping government
   orders, guidance, other sorts of regulatory actions, and even
   quasi- or non-binding recommendations has been confusing,
   delayed, contradictory, or otherwise insufficient at times. This
   Commentary  discusses the lightning speed at which policy has
   been developed in Pennsylvania to combat COVID-19, the lack of
   recourse to which Pennsylvania constituents have been entitled
   during  the ongoing pandemic,  and  the  issues raised by
   continuous,  constant, and   silent implied  changes   to
   Pennsylvania COVID-19 compliance requirements.


81


      J.D. Rutgers Law School, Camden 2019. Levy is an associate in Saul Ewing
Arnstein & Lehr LLP's Philadelphia office and its commercial real estate practice. Levy is
a member of the firm's COVID-19 Task Force. The opinions expressed herein are solely
those of the author.