The Law Of Emergencies: Public Health And Disaster Management

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E-Book Overview

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

E-Book Content

The Law of Emergencies This page intentionally left blank The Law of Emergencies Public Health and Disaster Management Nan D. Hunter AMSTERDAM  •  BOSTON  •  HEIDELBERG  •  LONDON NEW YORK  •  OXFORD  •  PARIS  •  SAN DIEGO SAN FRANCISCO  •  SINGAPORE  •  SYDNEY  •  TOKYO Butterworth-Heinemann is an imprint of Elsevier Butterworth-Heinemann is an imprint of Elsevier 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA Linacre House, Jordan Hill, Oxford OX2 8DP, UK Copyright © 2009, Elsevier Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the publisher. Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone: (+44) 1865 843830, fax: (+44) 1865 853333, E-mail: [email protected] You may also complete your request online via the Elsevier homepage (http://elsevier.com), by selecting “Support & Contact” then “Copyright and Permission” and then “Obtaining Permissions.” Library of Congress Cataloging-in-Publication Data Hunter, Nan D.   The law of emergencies: public health and disaster management / Nan D. Hunter.    p. cm.   ISBN 978-1-85617-547-0 1. Medical emergencies—United States. 2. Emergency management—United States. 3. Public health—Law and Legislation—United States. I. Title. [DNLM: 1. Disaster Planning—legislation & jurisprudence—United States. 2. Emergencies—United States. 3. Public Health—legislation & jurisprudence— United States. WA 33 AA1 H946L 2009]   RC86.7.H86 2009   616.02'5–dc22 2009017008 British Library Cataloguing-in-Public