Post on 25-Feb-2016
description
Preserving Rule of Law Through
Preserving Civil Society
Edward P. Richards, JD, MPHDirector, Program in Law, Science, and Public Health
LSU Law School
richards@lsu.eduhttp://biotech.law.lsu.edu
http://ssrn.com/author=222637
Rule of LawLaw Enforcement
Basic enforcement of criminal law Preservation of judicial due process
Functioning courts Habeas corpus
Control by civil authorities
Rule of LawNational Security
Preservation of political control over military authority. Preservation of chain of command
Preservation of civilian law enforcement Limited substitution of military authority, which is
still under civil control. Preservation of consultation with state and
local government.
How Are We Doing? Limited disasters
Geographically and demographically limited Tornados, small earthquakes Small hurricanes outside levees
Domestic national security events 9/11 H1N1
Hurricane Katrina The Danziger Bridge Case
One example The deaths compared to Hurricane Betsy The real or perceived breakdown of civil
order Stories of looting and behavior in the superdome
The real breakdown in civil institutions Armed private security and vigilante culture
Preservation of Civil Society As much as possible:
Governmental should continue to function under the same rules as pre-disaster.
Disaster response should be an extension of day-to-day agency responsibility and command and control.
Individuals should retain autonomy Can you preserve rule of law without
preserving civil society?
Limitation of the National Response Model There is no civilian chain of command
Our democracy is not structured this way. Large events overwhelm national resources
Logistics issues Limits on people and materiel.
Must depend on local resources for initial response The bigger the event, the long the local reliance
Dysfunctional Government is Always Dysfunctional Governmental agencies that do not
functional effectively day to day will fail in disasters
A disaster plan will not substitute for people and materiel.
Compare local institutions in Sandy and Katrina
Response Plans Mask Risk What is the best you can do in a massive
hurricane? Limit loss of life Get people in shelters Rebuild – maybe – over 2-5 years
National plans do not spell out their limitations and politicians say we will make it right.
Rewarding Bad Planning FEMA and Congress reward bad planning
and response with more money NFIP Road Home Rebuilding infrastructure in high risk zones Urban renewal through the disasters
Local politicians blame the feds and are reelected.
HOW TO IMPROVE NATIONAL RESPONSE PLANS
Focus on Individual and Family Resiliency. Clearly state the limits of government help. Change incentives to increase resiliency.
Pro-active NFIP Do not suppress insurance costs Reward actions that increase resiliency. Do not romanticize staying in stupid places.
Do not use the poor as pawns. Right of return/Drown the poor first.
Demand Accountability from State and Local Government Quit waiving FEMA co-pays. Reinstate real rebuilding limits. Pay attention to environmental costs. Demand every high risk community develop
a Plan B for restructuring the community to less risk after the next disaster. Require pre-approval by the community.
Conclusion The Rule of Law ultimately depends on
preserving civil society. We have large populations at high risk of
disruption Earthquakes Extreme weather events and climate change National security events
Making individuals more resilient is a necessary component of national response plans.