The Law of Emergencies: Public Health and Disaster Management

7 ¼ X 10 ¼ in Part I. The Legal Framework

1. Our Constitutional Structure of Government

The history of emergency laws in the United States; c onstitutional authority for enhanced executive power during emergencies; should there be an ‘emergency Constitution’? The Jacobson case.

1. The Constitution and Individual Rights

The concept of negat ive liberty; procedural and substantive due process; equal protection of the law; measuring risk and protecting liberty.

1. Congress a nd the Agencies

The National Emergencies Act; congressional po wer under the spending clause; post-9/11 emergency-related laws; what ag encies 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.

1. The Domestic Use of Military Troops

The prohibitions of the Posse Comitatus Act, the exceptions in the Insurrection Act, the meaning of m artial law, and the differences between the regular military, the reserv