Hunter The Law of Emergencies

Public Health and Disaster Management
1. Auflage 2009
ISBN: 978-0-08-094979-6
Verlag: Elsevier Science & Technology
Format: EPUB
Kopierschutz: 6 - ePub Watermark

E-Book, Englisch, 408 Seiten, Format (B × H): 184 mm x 260 mm

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.


* Features case studies of high-risk scenarios including pandemic flu
* Offers extensive analysis of law codes and legal issues from a distinguished scholar
* Teaches readers how to think about issues crucial to the life and liberty to US citizens including the limits of constitutional authority

Zielgruppe

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

Autoren/Hrsg.

Hunter, Nan D.

Fachgebiete

• Medizin | Veterinärmedizin Medizin | Public Health | Pharmazie | Zahnmedizin Medizin, Gesundheitswesen Public Health, Gesundheitsmanagement, Gesundheitsökonomie, Gesundheitspolitik
• Sozialwissenschaften Politikwissenschaft Militärwesen Zivil- und Katastrophenschutz
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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.

Über Autor(innen)

Hunter, Nan D.
Nan Hunter has been a consultant since 2005 with the Redefining Readiness Project of the New York Academy of Medicine. This position has given her an inside look at the dynamics of the emergency response profession as it engages with both legal issues and demands by communities for greater sensitivity to the needs of disadvantaged persons. She has taught law school courses in Public Health and Bioterrorism Law and Public Health and Emergency Preparedness.

Nan Hunter has been a consultant since 2005 with the Redefining Readiness Project of the New York Academy of Medicine. This position has given her an inside look at the dynamics of the emergency response profession as it engages with both legal issues and demands by communities for greater sensitivity to the needs of disadvantaged persons. She has taught law school courses in Public Health and Bioterrorism Law and Public Health and Emergency Preparedness.