The Law of Emergencies

Front-matter_2018_The-Law-of-Emergencies
Copyright_2018_The-Law-of-Emergencies
Foreword-to-the-First-Edition_2018_The-Law-of-Emergencies
	Foreword to the First Edition
Preface-to-Second-Edition_2018_The-Law-of-Emergencies
	Preface to Second Edition
1---Our-Constitutional-Structure-of-Government_2018_The-Law-of-Emergencies
	1 Our Constitutional Structure of Government
		Introduction
		The Structure of the Constitution
		Separation of Powers
		Federalism
		The World of State Constitutions
		Federal–State Conflict
		Judicial Review
		Summary
		Important Terms
		Review Questions
2---The-Powers-of-the-President-in-an-Emergency_2018_The-Law-of-Emergencies
	2
 The Powers of the President in an Emergency
		Introduction
		The Sources of Presidential Power
		The Constitutional Standard for Exercise of Article II Powers
		Foreign Relations
		Deployment of Military Force
		The Debate Over Presidential Power after September 11
		Should the AUMF be Repealed?
		Executive Orders and Presidential Directives
		Summary
		Important Terms
		Review Questions
3---The-Reach-of-Congressional-Power_2018_The-Law-of-Emergencies
	3
 The Reach of Congressional Power
		Introduction
		The Scope and Structure of Congressional Power
		The Role of Congress in Emergencies
		A Focus on France
		“A Supermajoritarian Escalator” for the United States?
		The Legislative and Budgetary Process
		Nonbudget Bills
		Budget Bills
		Congressional Power under the Spending Clause and Federal Grants to States
		Summary
		Important Terms
		Review Questions
4---The-Judiciary_2018_The-Law-of-Emergencies
	4 The Judiciary
		Introduction
		Federal Courts: Structure, Geography, and Jurisdiction
		State Courts: Structure and Jurisdiction
		Intersystem Dynamics
		Case Law, Precedent, and Stare Decisis
		A Hypothetical Case
		Summary
		Important Terms
		Review Questions
5---The-Domestic-Use-of-Military-Troops_2018_The-Law-of-Emergencies
	5
 The Domestic Use of Military Troops
		Introduction
		History
		The Scope of the PCA
		The Wounded Knee Standoff
		The Dual Role of the National Guard
		Weapons of Mass Destruction
		The Insurrection Act
		Martial Law
		Review
		Important Terms
		Review Questions
6---Federal-Agencies_2018_The-Law-of-Emergencies
	6
 Federal Agencies
		Introduction
		Overview
		DHS as Case Study
		The Powers of Federal Agencies
		Coordination of Agencies Within the Executive Branch
		The Process of Rule-Making
		The APA in Action
		Grant Administration and Review
		Summary
		Important Terms
		Review Questions
7---State-and-Local-Governments_2018_The-Law-of-Emergencies
	7 State and Local Governments
		Introduction
		Separation of Powers in an Emergency: The Governor and the Legislature
		Separation of Powers in an Emergency: The Governor and the Courts
		State Government v. Local Government in an Emergency
		Statutory Grant of Municipal Authority
		State-to-State Assistance Agreements
		Maryland as a Case Study
		Summary
		Important Terms
		Review Questions
8---Response-Coordination-and-Incident-Command-Sys_2018_The-Law-of-Emergenci
	8
 Response Coordination and Incident Command Systems
		Introduction
		The September 11 Response
		Developing a Comprehensive Response Plan
		The National Response Framework (NRF)
		On the Ground
		Emergency at the Airport
		Is the ICS a Form of Law?
		Summary
		Important Terms
		Review Questions
9---The-Constitution-and-Individual-Rights_2018_The-Law-of-Emergencies
	9 The Constitution and Individual Rights
		Introduction
		The Concept of Negative Liberty
		Freedom of Expression
		Substantive Due Process: Liberty
		Comparing the Standards
		Equal Protection of the Law
		The Three Equal Protection Tests
		Discrimination Against Non-Citizens: A Test of the Tests
		Procedural Due Process
		The Writ of Habeas Corpus
		Summary
		Important Terms
		Review Questions
10---Statutory-Protections-for-Individual-Rights_2018_The-Law-of-Emergencies
	10
 Statutory Protections for Individual Rights
		The Back Story
		The Adoption of Title VI
		The Scope of Title VI
		The Rehabilitation Act and the Americans with Disabilities Act
		Administrative Enforcement by DHS
		The Law in Action: Discrimination on the Basis of National Origin and Language
		Persons with Limited English Proficiency (LEP)
		The Law in Action: Discrimination Based on Disability
		Summary
		Important Terms
		Review Questions
11---Stafford-Act-Assistance-to-Communities_2018_The-Law-of-Emergencies
	11
 Stafford Act Assistance to Communities
		Introduction
		History
		Definitions
		When an “Emergency” Is Not a “Disaster” or Vice Versa
		The Declaration Process
		Overview of Assistance to Communities
		Direct Federal Assistance
		Public Assistance
		Hazard Mitigation Assistance
		Fire Management Assistance
		Ban on Duplicative Benefits
		Prosecution and Recoupment
		Appeals
		Summary
		Important Terms
		Review Questions
12---Stafford-Act-Assistance-for-Individuals_2018_The-Law-of-Emergencies
	12 Stafford Act Assistance for Individuals
		Introduction
		Overview
		Stafford Act Programs
		Forms of Housing-Related Assistance
		Joint or Non-Stafford Act Benefit Programs
		Challenging Benefits Decisions
		Summary
		Important Terms
		Review Questions
13---Public-Health-Law-I--Complications-of-Federal_2018_The-Law-of-Emergenci
	13
 Public Health Law I: Complications of Federalism
		Introduction
		State Public Health Law
		Early Federal Public Health Approaches
		Federal Public Health Law Today
		Regulations for Travelers
		Interstate and International Regulations
		Travel Between States
			Apprehension and Detention (70 C.F.R. §70.6)
			Medical Examination (70 C.F.R. 12)
			Order of Quarantine, Isolation or Conditional Release (70 C.F.R. 14)
			Conditional Release and Travel Permits
			Conditions of Confinement or Conditional Release
			Mandatory Reassessment (70 C.F.R. 15)
			Medical Review (70 C.F.R. 16)
			Penalties (70 C.F.R. 18)
			Judicial Review
		Travel to the United States from Another Country
			Apprehension and Detention (71 C.F.R. §32(a))
			Other Phases of the Process
		Do Not Board List
		Summary
		Important Terms
		Review Questions
14---Public-Health-Law-II--Contemporary-Threats_2018_The-Law-of-Emergencies
	14 Public Health Law II: Contemporary Threats
		Introduction
		Emergency Health Powers Laws
		Definitions of Bioterrorism
		The Anthrax Attacks of 2001
		Declaring a Public Health Emergency
		The Powers of Government During an Emergency
		Emerging Infectious Diseases
		The First Post 9/11 EID: SARS
		The SARS Outbreak of 2003: Timeline
		Rationing Medications
		Contemporary Mass Quarantine
		Travel Restrictions
		Ebola
		First Responses
		Ebola Reaches the United States
		The Infected Doctor and the Uninfected Nurse
		CDC Changes Its Recommendations
		Federalism, for Better and Worse
		Summary
		Important Terms
		Review Questions
15---Hospitals-and-Workplaces-in-Health-Emergenci_2018_The-Law-of-Emergencie
	15 Hospitals and Workplaces in Health Emergencies
		Introduction
		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
		Summary
		Important Terms
		Review Questions
16---The-Law-of-Search-and-Seizure_2018_The-Law-of-Emergencies
	16
 The Law of Search and Seizure
		Introduction
		The Fourth Amendment
		Reasonable Searches
		Community Caretaking
		Factors That Trigger Community Caretaking or Emergency Exceptions
		Administrative Searches
		Special Needs
		The Fifth Amendment and the Takings Clause
		Eminent Domain v. the Police Power
		Public Health and Takings
		Takings and Emergencies—Statutory Response
		Takings, Emergencies, and Public Policy
		Summary
		Important Terms
		Review Questions
17---Evacuation_2018_The-Law-of-Emergencies
	17 Evacuation
		Introduction
		Fundamentals: Legal Authority
		Police Power
		Judgment Calls
		Statutory Authority of State Officials
		Is “Mandatory” a Myth?
		Duty as well as Discretion
		Other Law and Policy Issues
		Summary
		Important Terms
		Review Questions
18---A-Dirty-Bomb-Explodes-in-Washington--DC_2018_The-Law-of-Emergencies
	18
 A Dirty Bomb Explodes in Washington, DC
		Introduction
		Background Briefing: Radiological Dispersion Bombs (RDB)
		The Scenario Unfolds
		Postscript: The Movie Version
19---Sovereign-Immunity-and-Government-Liability_2018_The-Law-of-Emergencies
	19
 Sovereign Immunity and Government Liability
		Introduction
		The Sovereign Immunity Defense
		Statutory Waivers of Sovereign Immunity
		Negligence
		Intentional Torts and Active Endangerment
		The Discretionary Function Exception
		The Berkovitz Case
		Hurricane Katrina and Liability for Personal Harm
		Hurricane Katrina and Liability for Property Damage
		Summary
		Important Terms
		Review Questions
20---Liability-Issues-for-Individuals_2018_The-Law-of-Emergencies
	20
 Liability Issues for Individuals
		Introduction
		Government Responsibility for the Acts of Its Employees
		The Extension of Government Responsibility Beyond Regular Employees
		The Federal Volunteer Protection Act
		State Volunteer Protection Laws
		Liability Issues for Health Practitioners
		Licensure and Emergency Mobilization for Health Practitioners
		Summary
		Important Terms
		Review Questions
Appendix-1---U-S--Constitution--Excerpts-_2018_The-Law-of-Emergencies
	1 U.S. Constitution (Excerpts)
		Article I
			Section 1
			Section 2
			Section 3
			Section 5
			Section 6
			Section 7
			Section 8
			Section 9
			Section 10
		Article II
			Section 1
			Section 2
			Section 3
			Section 4
		Article III
			Section 1
			Section 2
		Amendments
			First Amendment
			Second Amendment
			Third Amendment
			Fourth Amendment
			Fifth Amendment
			Sixth Amendment
			Seventh Amendment
			Eighth Amendment
			Ninth Amendment
			Tenth Amendment
			Fourteenth Amendment
				Section 1
				Section 2
				Section 3
				Section 4
				Section 5
Appendix-2---Stafford-Act--Excerpts-_2018_The-Law-of-Emergencies
	2 Stafford Act (Excerpts)
Glossary-of-Legal-and-Legislative-Terms-----Adapted-from-U-_2018_The-Law-of-
	Glossary of Legal and Legislative Terms*
References_2018_The-Law-of-Emergencies
	Judicial Decisions
Index_2018_The-Law-of-Emergencies
	Index