The Law of Emergencies

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 mass quarantine; job protection; income replacement; and health care.

Part III. Disaster Management
An introduction to the template guiding federal, state, and local authorities in response to disasters resulting from any cause

9. The Stafford Act

History, conflicting voices, definitions, the declaration process, and federal assistance.

10. The Powers of State and Local Governments

Separation of powers in an emergency--the governor, legislature, courts; state and local government; Maryland as a case study.

11. Who Does What

The September 11 response, developing a comprehensive response plan, the National Incident Management System, the National Response Framework, state-to-state assistance agreements, and human rights during an emergency.

12. Searches, Siezures, and Evacuations

The Fourth Amendment; reasonable searches; community caretaking; case studies of a furniture store fire, a smallpox hospital, and a nursing home; takings and emergencies: statutory response, public policy.

13. Sovereign Immunity and Government Liability

The sovereign immunity defense, statutory waivers of sovereign immunity, negligence, intentional torts and active endangerment, the discretionary function exception, the Berkovitz case, and a Hurricane Katrina case.

14. Liability Issues for Individuals

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 EMTs

Part IV. Testing Your Knowledge

15. A Dirty Bomb Scenario

A hypothetical but realistic time line of events associated with a dirty bomb attack. 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 14 chapters.

16. Pandemic Flu Scenario

A hypothetical but realistic time line of events associated with 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 14 chapters.

Appendix: Case Study: The Spring 2009 Swine Influenza Outbreak

Defining swine flu; tracking the development of swine flu, prevention and control of measures; the outbreak in California; federal and international responses; World Health Organization Global Telephone News Conference Transcript; emergency declarations in the United States; congressional engagement; coercive measures and overreaction; conflicting views.