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| THE LAW OF EMERGENCIES
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Public Health and Disaster Management
To order this title, and for more information, click here
By
Nan Hunter, Georgetown Law School, Professor of Law, Washington, DC, USA
Description
A working knowledge of emergency management law is essential in a wide array of fields related to disaster response and homeland security.
This book features such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives
and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster
relief methods. This book serves both practicing professionals and graduate and undergraduate students who wish to study the major legal
principles underlying emergency management and homeland security policy and operations. It analyzes legal authority at the federal,
state and local levels, placing the issues in historical context but concentrating on contemporary questions.
It includes primary texts,
reader-friendly expository explanation, and sample discussion questions. Prior knowledge of the law is not necessary to use and understand
this text. The book is organized into 13 substantive chapters plus two additional chapters with problem sets. This makes it especially
easy to use as a textbook, since it easily fits the typical 13- or 14-week semester. Each chapter can constitute one week's assignment,
followed by a wrap-up, test your knowledge week (or two) using Part IV of the book (case study scenarios). At the same time, the materials
are well suited for independent study.
No other book brings these components together in a logically organized, step by step fashion.
Audience
Graduate and undergraduate students studying the major legal principles underlying emergency management and homeland security policy and
operations, as well as professionals in EM and HS, and private-sector risk managers
Contents
Part I. The Legal Framework
1. Constitutional Fundamentals
The history of emergency laws in the United States; constitutional authority
for enhanced executive power during emergencies; should there be an "emergency Constitution"?
2. Congressional Acts
The role of the
legislative branch in authorizing the exercise of power in an emergency, including the National Emergency Act, the Stafford Act, the
Homeland Security Act, and the PATRIOT Act
3. The Role of State and Local Government
State emergency management acts and the powers
of governors, interstate compacts, jurisdiction over ports and airports, and the law governing local agencies such as police and fire
departments
4. The Domestic Use of Military Troops
The prohibitions of the Posse Comitatus Act, the exceptions in the Insurrection
Act, the meaning of martial law, and the differences between the regular military, the reserves, the Coast Guard, and the National Guard
5. Enduring Tensions in the Law
Three classic conflicts: federal versus state power, individual rights and liberties versus the public's
safety, and governmental powers versus governmental duties
Part II. The Law of Health Emergencies
6. Federal Quarantine Powers
The
grounding of federal power in international and interstate travel, new federal regulations governing quarantine and other coercive actions,
and their effect on citizens and business, such as the airline industry
7. State Quarantine Powers
The history of state control of
public health through the "police powers" doctrine, contemporary state quarantine laws and sample cases
8. "Modern Quarantine"
The
development of guidelines for securing widespread compliance with stay-at-home declarations in the event of an infectious disease outbreak,
the experiences with SARS in 2003, and the practical legal problems which would ensue, such as how those who stayed home would maintain
jobs and income
Part III. Disaster Management
9. The National Response Plan
An introduction to the template guiding federal, state
and local authorities in response to disasters resulting from any cause
10. The Stafford Act
A detailed examination of the most important
statute governing disaster response, including issues for state and local government and questions raised under the programs providing
benefits for individuals and families, such as occurred in the aftermath of Hurricane Katrina
11. Evacuations and Closures
Legal issues
related to ordering and implementing evacuation, closure of public facilities, and gaining access to private property.
12. The Law of
Hazards
An introduction to laws related to chemical and biological weapons and nuclear power emergencies, and more general environmental
issues related to clean air and safe water which could arise in an emergency
13. Liability and Licensing
Potential liability problems
for responders acting in their capacity as public sector employees and for private individuals volunteering in an emergency; questions
of professional licensing and what constitutes negligence for individuals who have special training, such as EMT?s
Part IV. Testing
Your Knowledge
14. Dirty Bomb Scenario
15. Pandemic Flu Scenario
Each of the last two chapters will contain a hypothetical but realistic
time line of events associated with either a hostile attack emergency or a naturally occurring infectious disease outbreak. Questions
interlaced in the text will ask students to place themselves in various roles as the narrative develops and will probe understanding
of the materials in the first 13 chapters.
| Bibliographic details |
e-Book, 520 pages, publication date: JUL-2009
ISBN-13: 978-0-08-094979-6
Imprint: BUTTERWORTH HEINEMANN
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| Price and Ordering |
Price:
GBP 39.99
USD 79.95
EUR 58.95
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Last update: 25 Nov 2009
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