Public Emergency Laws & Regulations: Understanding Constraints & Opportunities

Wilson Lydia R. and McCreight Robert
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Wilson Lydia R.: University of Maryland University College
McCreight Robert: George Washington University

Journal of Homeland Security and Emergency Management, 2012, vol. 9, issue 2, 18

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 (search for similar items in EconPapers)
Date: 2012
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DOI: 10.1515/1547-7355.2034

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