BerkeleyLaw Library

"The legal system ostensibly plays a central role in disaster prevention, response, and management. Attorneys, members of the judiciary, and decision-makers at every level of government must anticipate and respond to disasters in a coordinated manner. It is increasingly clear, however, that the law is woefully unprepared to handle disasters. A growing community of academics recognizes this problem, and is formulating solutions under the rubric of disaster law. This emerging legal academic field encompasses a wide-ranging, intra- and inter-disciplinary body of thought, research and dialogue which seeks to inform and improve disaster-related decision-making.

"On June 25th, 2007, eighteen law professors and legal practitioners who count disasters among their primary research interests, gathered at U.C. Berkeley Law School to chart disaster law's course for the immediate and long-term future. Appendix A, Workshop Participants and Agenda. Over the course of the day, participants highlighted a wide variety of important intellectual concerns and potential problem-solving strategies regarding disaster management.

"In a series of productive discussions, participants first addressed central normative issues of disaster law, including terminology and the role of the legal academy. The group then addressed four sub-areas of disaster law: international collaboration, social justice, compensation and insurance, and prevention and response. Participants' recommendations for action included the creation of an annual disaster law conference, the integration of disaster law into law teaching, and an increased internet presence.

"This white paper, a record of the milestone June 25th workshop, is intended as a tool for use by disaster law practitioners and academics in mapping the direction and future of the field."—Executive Summary.

"The Emergency Information Infrastructure Project is a non-profit educational organization, dedicated to enhancing the practice of emergency management, and thereby public safety, through offering professional development opportunities to practitioners and other interested persons. The principal way we work to achieve this goal is through presentation in the 'Virtual Forum' of timely, disaster-related topics by experts in their fields, by means of Internet-based 'Live Chat' (text) technology. There is no charge to participants, and all are welcome."—Website.

Site includes transcripts and podcasts of discussions among experts on disaster response and prevention issues.

"Throughout this post-Katrina period, FEMA has remained dedicated to helping Louisiana families and communities recover. To date, in partnership with and in support of the state of Louisiana, we have provided more than $15.2 billion in assistance. We maintain our steadfast commitment to the resilient survivors of Louisiana as they continue along the path to full recovery.

"So, on the 5th anniversary of this unprecedented event, we can say that a lot has been accomplished, but we an also say that a lot remains to be done. FEMA is committed to being here for as long as it takes to fully recover, and we’re working to do so in a way that builds, sustains and improves south Louisiana’s capability to protect against future hazards."—Mike Karl, EMA Louisiana Recovery Office Interim Director, "Unprecedented Disaster, Unprecedented Recovery."

"This study examines some key issues about information support to policymakers that have arisen in the information age. The challenge of providing the right information to the right people has been compounded by the challenge of terrorism and shifts in governments' priorities and in governmental organization that deal with various threats to national and human security. This problem set is not unique to the United States, and the study looks at the European Union and selected EU member states as an important point of comparison, and as a critical partner for information sharing and problem solving.

"The Stimson Center, in collaboration with the Swedish Emergency Management Agency (SEMA)and the Department of Homeland Security's Office of Intelligence and Analysis, embarked on a year-long exploration of three distinct information cultures ??? terrorism, public health, and natural hazards ??? to illuminate problems within and between those distinct expert communities in providing information to key decision-makers and crisis managers. We are grateful to SEMA and to DHS for their financial support, and for their expert participation in a series of workshops and conversations that contributed to this report. Several dozen people of diverse expertise, in government and out, agreed to be interviewed for this study, and we are indebted to them for the insights and information they provided.

"The Stimson team included: Julie Fischer, Senior Associate and director of our work on global health security, Jesper Gronvall, former representative of the Swedish Institute for International Affairs resident at Stimson, Aditi Hate, Research Associate, Rebecca Bornstein, Scoville Fellow, summer interns Amanda Greenland and Anita Ravishankar, and Peter Roman, former Senior Associate responsible for homeland security analysis." —Preface.

"Recent events such as Hurricane Katrina and the global SARS outbreak underscore the importance of having public health and medical systems that are prepared to increase surge capacity in a variety of emergency scenarios. A core component to increasing surge capacity is the availability of skilled health professionals to supplement the existing health workforce.

"This article examines the legal context volunteer health professional find themselves in during public health emergencies and disasters. In addition, the article makes several recommendations about how to refine the law to increase the availability of volunteer health professionals during public health emergencies and disasters. First, states should incorporate advance registration systems and protections for volunteers into laws that authorize emergency preparedness and response efforts. These laws should explicitly define the powers of state government during emergencies and clarify the legal provisions applicable to VHPs and the entities or organizations that may rely on them. Second, a floor of legal protections for volunteers is essential to achieve a minimum level of uniformity among the states and facilitate multi-jurisdictional cooperation in emergency response. Third, the scope and breadth of state based volunteer registries must be expanded to ensure comprehensive and coordinated emergency response efforts among states. Fourth, laws must ensure balanced civil liability protections for VHPs and their host entities by creating responsible immunity protections and alternative mechanism to compensate injured patients. Fifth, states are encouraged to enact laws and regulations providing for license portability during emergencies. Sixth, VHPs should be vested with workers' compensation protections for injuries, disabilities, or deaths experienced while carrying out their duties. Finally, state and federal laws should confer robust privacy protections on volunteer registries, implement fair information practices to allow VHPs and patients to access and verify registry data, and simultaneously ensure responsible access to and use of registry information to mount an effective response." —Abstract.

• Integration of programme, resource management and coordination, and
• Streamlining and standardization of operational, administrative and financial practices related to disaster reduction and response."

"Law is a traditional public health tool for disease prevention and health promotion. For many traditional public health problems, both acute and chronic, the role of law has been crucial in attaining public health goals, even rivaling the roles of epidemiology and laboratory science. Many of the greatest successes claimed by public health, such as high childhood immunization rates, improved motor vehicle safety, safer workplaces, and reduced tooth decay, have relied heavily on law. In the past few years, law has played an important role in the control of emerging health problems such as SARS and the threat of pandemic influenza.

"In 2000, CDC formally recognized the important role of law in public health by establishing the CDC Public Health Law Program. We are located in the Office of the Chief of Public Health Practice in the CDC Office of the Director. Our mission is to improve the health of the public through law. Our strategic goals are to: develop the legal preparedness of the public health system to address terrorism and other national public health priorities; improve the understanding and use of law as a public health tool; and establish robust partnerships to join public health practitioners with partners in key law-related sectors, such as elected officials and the legal and law enforcement communities.

"The program works to: strengthen the competencies of public health professionals, attorneys, and other practitioners to apply law to public health and increase the number of attorneys active in public health; support and conduct applied research in public health law and translate findings into practice; provide consultation and analysis in public health law to CDC programs and extramural constituents; establish partnerships among CDC and other organizations active in public health law and assist in strengthening their public health law capacity and expertise; and develop and disseminate authoritative information on public health law to the public health practice, policy, research, and education communities."—Website.

"The Office of University Programs, Science and Technology Directorate is sponsoring a summit to showcase key research and education priorities of the Department of Homeland Security Centers of Excellence, the Science and Technology Directorate and the Department of Homeland Security at large. The Summit highlights the efforts of the Office of University Programs as it continues to rise to the challenges associated with helping to protect the Nation. Subject matter experts from academia, industry, government and the international community will address the latest homeland security research and education issues in the following areas: Risk and Economic Analysis of Terrorism Events; Security of Agriculture and the Food System; Studies of Terrorism and Responses to Terrorism; Preparedness and Catastrophic Event Response; Chemical and Biological Threats and Countermeasures; Emerging Threats; University Programs Homeland Security Education Initiatives; International Homeland Security Research Challenges."—Website.

This website includes pdf files of speakers' presentations and facts sheets produced in conjunction with the conference.

"We seek continually to improve the operations of the Department, to discharge our duty of safeguarding the home front. This includes:

1. Clarifying, defining, and communicating leadership roles, responsibilities, and lines of authority at all government levels;

2. Strengthening accountability systems that balance the need for fast, flexible response with the need to prevent waste, fraud, and abuse;

3. Consolidating efforts to integrate the Department's critical mission of preparedness; and

4. Enhancing our capabilities to respond to major disasters and emergencies, including catastrophic events, particularly in terms of situational assessment and awareness, emergency communications, evacuations, search and rescue, logistics, and mass care and sheltering." —Letter from the Secretary.

1. Incident Management
2. Operational Planning
3. Disaster Logistics
4. Emergency Communications
5. Service to Disaster Victims
6. Continuity Programs
7. Public Disaster Communications
8. Integrated Preparedness
9. Hazard Mitigation

"Hurricane Katrina not only devastated a large area of the Gulf Coast, it also raised fundamental questions about how the nation can-and should-deal with the fundamental problems of risk and responsibility.

"Nearly 300 leaders from government, business, and nonprofit organizations and journalists from throughout the nation attended the National Symposium in the Cannon House Office Building on Capitol Hill December 1, 2005, sponsored by the University of Pennsylvania, Congressional Quarterly, and The Communications Institute.

"Symposium Goals - The Symposium objectively examined the aftermath of Hurricane Katrina on nearly every sector of society and involving leading experts from many of the nation's leading academic and research institutions as well as leaders from government and business and senior journalists.

"The National Symposium reviewed critical questions that must be addressed in coping with future risks and disasters: How can we best assess and prepare for the events we are most likely to face?;How can we develop the best strategies for reducing their costs and improving our response?;Who should do what-what partnerships can we build among the public, private, and nonprofit sectors, and what glue can we provide to make those partnerships stick?; How should we, as a society, weigh the question of who bears the costs?; How do we deal with the important issues of equity and fairness, and how can we create mechanisms to resolve these issues as efficiently as possible?"— Conference Website.

Website contains related publications.