preserving rule of law through preserving civil society

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Preserving Rule of Law Through Preserving Civil Society. Edward P. Richards, JD, MPH Director , Program in Law, Science, and Public Health LSU Law School [email protected] http :// biotech.law.lsu.edu http :// ssrn.com/author=222637. Basic enforcement of criminal law - PowerPoint PPT Presentation

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Page 1: Preserving Rule of Law Through Preserving Civil Society
Page 2: Preserving Rule of Law Through Preserving Civil Society
Page 3: Preserving Rule of Law Through Preserving Civil Society
Page 4: Preserving Rule of Law Through Preserving Civil Society

Preserving Rule of Law Through

Preserving Civil Society

Edward P. Richards, JD, MPHDirector, Program in Law, Science, and Public Health

LSU Law School

[email protected]://biotech.law.lsu.edu

http://ssrn.com/author=222637

Page 5: Preserving Rule of Law Through Preserving Civil Society

Rule of LawLaw Enforcement

Basic enforcement of criminal law Preservation of judicial due process

Functioning courts Habeas corpus

Control by civil authorities

Page 6: Preserving Rule of Law Through Preserving Civil Society

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.

Page 7: Preserving Rule of Law Through Preserving Civil Society

How Are We Doing? Limited disasters

Geographically and demographically limited Tornados, small earthquakes Small hurricanes outside levees

Domestic national security events 9/11 H1N1

Page 8: Preserving Rule of Law Through Preserving Civil Society

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

Page 9: Preserving Rule of Law Through Preserving Civil Society

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?

Page 10: Preserving Rule of Law Through 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

Page 11: Preserving Rule of Law Through Preserving Civil Society

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

Page 12: Preserving Rule of Law Through Preserving Civil Society

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.

Page 13: Preserving Rule of Law Through Preserving Civil Society

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.

Page 14: Preserving Rule of Law Through Preserving Civil Society

HOW TO IMPROVE NATIONAL RESPONSE PLANS

Page 15: Preserving Rule of Law Through Preserving Civil Society

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.

Page 16: Preserving Rule of Law Through Preserving Civil Society

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.

Page 17: Preserving Rule of Law Through Preserving Civil Society

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.