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Domestic Preparedness: Law, Policy, and National Security is the study of emergency preparedness and response and its relationship to national security. Domestic preparedness includes preparedness for and response to ''all hazards,'' including terrorist attacks, natural disasters, industrial accidents, and other natural and human-caused phenomena. Domestic preparedness draws its modern roots from the combination of civil defense, disaster response, and the domestic response to terrorism incidents.
The casebook uses a traditional approach, presenting primary legal authorities--the U.S. Constitution, statutes, case law, executive orders, and presidential directives--along with policies and doctrinal publications, juxtaposed with notes and questions. Each chapter of the text focuses on a major domestic preparedness challenge: How did national emergency management strategy, policy, and doctrine evolve to its current form? How does the U.S. Constitution allocate roles and responsibilities between the federal government and the states, and how well does that align with public perception of roles and responsibilities? What are the federal government's powers and authorities? How are these powers and authorities made operational? How does the federal government ensure national preparedness? What is the proper role of the military in domestic preparedness and major incident response, and do current legal authorities support that role? What specific authorities apply to national security emergency preparedness? What mechanisms exist--public and private--to ensure private sector preparedness and response? The goal of the casebook is to teach both the law and the operational practicality of domestic preparedness.
- Sales Rank: #2747405 in Books
- Published on: 2012-01-02
- Ingredients: Example Ingredients
- Original language: English
- Dimensions: 10.00" h x 8.25" w x 1.00" l, 3.15 pounds
- Binding: Hardcover
- 686 pages
About the Author
Alan D. Cohn is an Adjunct Professor of Law at Georgetown University Law Center and Deputy Assistant Secretary for Policy, U.S. Department of Homeland Security.
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Domestic Preparedness-Law, Policy and National Security
By The Vacation Lane Group
Published in early 2012 by the Carolina Academic Press and authored by Alan D. Cohn, currently an Assistant Secretary at DHS, this tome is a contribution to the literature and understanding of the field. Hopefully further editions will appear and given the intellectual and professional abilities of the contributors the analystical text will be improved. The passage of time in this field makes for some difficulty in dealing with currency. For example the September 2011 issuance of the National Preparedness Goal, [...] is not included. Also several Executive Orders referenced are now superseded, e.g. EO 12919 by EO 13603. E.O. 12919 [June 1994] superseded E.O. 10480 from 1969 among others. Also E.O. 12472 dating from 1984 superseded by E.O. 13618 of July 6, 2012, "Assignment of National Security and Emergency Preparedness Communications Functions". See 77 Fed. Reg. 40779. Also see 47 CFR Parts 11 and 201-212.
Much of the text consists of extracts from government documents yet is still a useful compilation. But some of these documents have erroneous or incomplete premises and were designed as much to mislead as to inform. In particular the document issued lablel "Civil Defense and Homeland Security: A Short History of National Preparedness Efforts" issued by DHS in 2006 is a very troublsome document. Like most of the researchers on civil defense in US history it mistakenly concludes that while the Soviet Union largely outspent the US on its civil defense efforts from the time of enactment of Public Law 920 of the 81st Congress that expenditure included Soviet COG [continuity of government] and COOP [continuity of operations] efforts and failed to segregate out those elements as well as command and control issues almost mandated in the nuclear age by nuclear surety and safeguard issued. These programs were never a part of the civil defense program but a useful background can be found in Professor Paul Bracken's interesting book "Command and Control" published in the early 80's. COG and COOP were separately budgeted after 1957!
Given a text designed for students with some brain power--law students or others--and given the intellectual firepower of the principal contributors--I would have expected more sophisticated analysis of the issues and law.
The book does not really discuss the funding issues that drive much of the arena in this field. Or the confused oversight efforts of the Congress. No real effort to document defiiciencies such as lack of a domest crisis management preparedness system or chain of command. Nor does it discuss issues and policies crucial to domestic preparedness in any depth such as crisis communications, warning, and notification. The author deliberately excluded health preparedness from coverage yet it does have some useful coverage of that arena. Communications, cybersecurity, and energy preparedness are largely excluded from mention or analysis. Because of the danger of stovepiping of these domains they really need coverage in any such discussion or references to other sources.
Since the expense of text books grows, I would hope future editions contain more of the writings and analysis that might usefully be referenced.
For example, a google search of the term "domestic preparedness" is highly revealing as to other sources, as is DISASTER LAW.
As the text states this is largely a first draft with hopefully more editions to follow. Given its use primarily in the author's law school teachings I did find the case analysis of the book interesting even though I disagree strongly with the notion for example that SCOTUS is enthralled with the so-called POLICE POWER limitations on federal law or that the field of domestic preparedness largely rests on the COMMERCE CLAUSE of the Constitution.
If Congress specifically referenced the Constitutional provisions that supported each legislative act that might be useful. But despite some notable deviations the job of SCOTUS is to find Constitutional support for acts of Congress enacted into law and not to search for Constitutional infirmities.
Chapter 6-The Role of the Military in Domestic Preparedness is commendable even though somewhat in error on facts and law and could be improved greatly.
Again I thank the principal author and his contributors for their efforts and in the end it is a contribution even though more is needed. And of course my reason for concern and purchase of the book is that our democratic society's survival [a Republic in fact and law] may well rest on how this somewhat arcane legal subject is developed. Thus, for example, civil liberties, civil rights, and privacy and their connections to domestic preparedness need analysis. Also the laws referenced and policies need to have some analysis has to how they impact [or failed to do what is required] domestic preparedness.
One good question for students might be should FEMA be given specific public health and safety authority whether in the Stafford Act or otherwise for terrorism response and recovery or for biological,radiological, chemical, nuclear, explosive threats? None of these are addressed adequately by the Stafford Act or other FEMA authorities.
The course DOMESTIC PREPAREDNESS should be mandatory in all law schools! After all many lawyers advise government or due to boredom or skill end up as Mayors, Governors, or even Presidents.
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