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Public Emergency Laws & Regulations: Understanding Constraints & Opportunities
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Lydia R. Wilson
Published/Copyright:
October 29, 2012
Abstract
The thrust of this article is to provide emergency managers with a general introductory overview of major issues involved in public emergency law and review some basic issues which comprise elements of the legal framework of crisis management. This article is designed to be an informative piece for emergency managers about the law as it relates to handling a crisis event. The goal is to increase awareness of some of the major legal issues associated with a crisis regardless of magnitude and determine the extent to which this information may guide planning, preparedness and response options for the various local and state governments involved. This article, however, the authors outline a way to encourage a dialogue between emergency managers and corporate counsel, at least annually, to review legal issues and trends. The authors’ does not present legal advice. Instead, a primary goal is to clarify and illustrate some of the emergency manager’s legal duties and point out the possible risks of legal liability.
Keywords: law and emergency management; legal; law; crisis management; crisis; legal framework; posse comitatus; US Constitution; The Insurrection Act; The Stafford Act; FEMA; Federal Emergency Management Agency; Executive Orders; National Response Framework; Title 10; Title 32; United States Code; American Bar Association; Hurricane Katrina; Emergency Management Assistance Compact; EMAC mutual aid; federalism; accountability; duty; due dilligence; Tenth Amendment; 10th Amendment; Justice Kennedy; Printz; Berkovitz; Dillon's Rule; NFPA 1600; EMAP; Emergency Management Accreditation Process; Homeland Security Act of 2002; NIMS; National Incident Management System; Performance Partnership Agreement; PPA
Published Online: 2012-10-29
©2012 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Keywords for this article
law and emergency management;
legal;
law;
crisis management;
crisis;
legal framework;
posse comitatus;
US Constitution;
The Insurrection Act;
The Stafford Act;
FEMA;
Federal Emergency Management Agency;
Executive Orders;
National Response Framework;
Title 10;
Title 32;
United States Code;
American Bar Association;
Hurricane Katrina;
Emergency Management Assistance Compact;
EMAC mutual aid;
federalism;
accountability;
duty;
due dilligence;
Tenth Amendment;
10th Amendment;
Justice Kennedy;
Printz;
Berkovitz;
Dillon's Rule;
NFPA 1600;
EMAP;
Emergency Management Accreditation Process;
Homeland Security Act of 2002;
NIMS;
National Incident Management System;
Performance Partnership Agreement;
PPA
Articles in the same Issue
- Research Article
- Cybersecurity Policy-Making at the Local Government Level: An Analysis of Threats, Preparedness, and Bureaucratic Roadblocks to Success
- Between Safety and Security: The Policy Challenges of Transporting Toxic Inhalation Hazards
- Simulation-Based Evaluation of Port Emergency Evacuation Plans for Predictable Natural Disasters
- Tornado Warnings in Three Southern States: A Qualitative Analysis of Public Response Patterns
- Negotiating the 'Trading Zone'. Creating a Shared Information Infrastructure in the Dutch Public Safety Sector .
- The Cross-National Adaptability of EMS Protocols for Mass Casualty Incidents
- Graph Matching Based Decision Support Tools For Mitigating Spread Of Infectious Diseases Like H1N1
- Comparison of Sampling Methods for Post-Hurricane Damage Survey
- Crisis Leadership and Military Community Resilience
- The Status of General Aviation Airports in Disaster Response Planning
- Examining Factors Contributing to the Development of FEMA-Approved Hazard Mitigation Plans
- Communication/News
- Creating An Executive Doctorate In Civil Security In The United States
- A Practitioner-Researcher Partnership to Develop and Deliver Operational Value of Threat, Risk and Vulnerability Assessment Training to meet the Requirements of Emergency Responders
- Opinion
- Medical Response Capabilities to a Catastrophic Disaster: "House" or House of Cards?
- Public Emergency Laws & Regulations: Understanding Constraints & Opportunities
