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Preserving Rule of Law Through Preserving Civil Society

Preserving Rule of Law Through Preserving Civil Society. Edward P. Richards, JD, MPH Director , Program in Law, Science, and Public Health LSU Law School richards@lsu.edu http :// biotech.law.lsu.edu http :// ssrn.com/author=222637. Basic enforcement of criminal law

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Preserving Rule of Law Through Preserving Civil Society

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  1. Preserving Rule of Law Through Preserving Civil Society Edward P. Richards, JD, MPHDirector, Program in Law, Science, and Public HealthLSU Law School richards@lsu.eduhttp://biotech.law.lsu.eduhttp://ssrn.com/author=222637

  2. Basic enforcement of criminal law Preservation of judicial due process Functioning courts Habeas corpus Control by civil authorities Rule of Law Law Enforcement

  3. 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. Rule of Law National Security

  4. How Are We Doing? • Limited disasters • Geographically and demographically limited • Tornados, small earthquakes • Small hurricanes outside levees • Domestic national security events • 9/11 • H1N1

  5. 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

  6. 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? Preservation of Civil Society

  7. 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 Limitation of the National Response Model

  8. 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 Dysfunctional Government is Always Dysfunctional

  9. 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. Response Plans Mask Risk

  10. 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. Rewarding Bad Planning

  11. How to Improve National Response Plans

  12. 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. Focus on Individual and Family Resiliency.

  13. 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. Demand Accountability from State and Local Government

  14. 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. Conclusion

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