- Print ISBN 9781856175470
- Electronic ISBN 9780080949796
Part I. The Legal Framework
1. Our Constitutional Structure of Government
The history of emergency laws in the United States; constitutional authority for enhanced executive power during emergencies; should there be an "emergency Constitution"? The Jacobson case.
2. The Constitution and Individual Rights
The concept of negative liberty; procedural and substantive due process; equal protection of the law; measuring risk and protecting liberty.
3. Congress and the Agencies
The National Emergencies Act; congressional power under the spending clause; post-9/11 emergency-related laws; what agencies do; coordination of agencies; the process of rule-making; the APA in action; 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.
Part II. The Law of Health Emergencies
5. Federal Public Health Law
Regulations for domestic diseases and for international travelers, changes to CDC's quarantine regulations, due process changes, and the role of airlines.
6. State Public Health Law
History, Jacobson revisited, emergency health powers laws, the powers of government during an emergency.
7. Contemporary Issues in Public Health Emergency Law
Definitions of bioterrorism, emerging infectious diseases, SARS, rationing medications, contemporary mass quarantine, and travel restrictions.
8. The Role of the Private Sector
The economic dimensions of emergencies; emergency rooms in an emergency; workplace safety; postal workers and the anthrax attacks; workplaces and m
" . . . Hunter does a superior job of restricting an extraordinarily complex issue to the more essential components, juxtaposed with specific historic examples rather than a series of ‘suppose that X happened’ scenarios."--Dr. Christian M. Salmon, Research Scientist, George Washington University, School of Engineering and Applied Science. Journal of Homeland Security and Emergency Management Volume 7, Issue 1, 2010, Article 18.
"Hunter engages with and debates some of the most important constitutional issues of our time, such as the tension between civil liberties and national security. This book satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no legal answer."--The Journal of Law Enforcement
"Hunter more than answers the needs of her intended audience: undergraduate, graduate, and law students, as well as professionals whose work involves preparation for or mitigation of emergencies. More broadly, however, this book is worthwhile for anyone responsible for public safety and security."--Security Management