The Law of Emergencies introduces the American legal system as it interacts with emergency management and public health issues. 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. She also shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency 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 in order to use and understand this book. The contents are organized into 13 substantive chapters plus two additional chapters with problem sets. This makes it especially easy to use for a separate course focused on law. 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 clear legal answer. It features materials on 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. No other book brings these components together in a logically organized, step by step fashion. * Features case studies of high-risk scenarios including pandemic flu * Offers extensive analysis of legal issues from a distinguished scholar, together with charts and text boxes for clarification * Teaches readers how to think about issues crucial to the life and liberty of US citizens, including the limits of constitutional authority
Table of 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 introductio
