Preserving Rule of Law Through Preserving Civil Society
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Preserving Rule of Law Through Preserving Civil SocietyEdward P. Richards, JD, MPHDirector, Program in Law, Science, and Public HealthLSU Law School
email@example.com://biotech.law.lsu.eduhttp://ssrn.com/author=222637Rule of LawLaw EnforcementBasic enforcement of criminal lawPreservation of judicial due processFunctioning courtsHabeas corpusControl by civil authorities
Rule of LawNational SecurityPreservation of political control over military authority.Preservation of chain of commandPreservation of civilian law enforcementLimited substitution of military authority, which is still under civil control.Preservation of consultation with state and local government.How Are We Doing?Limited disastersGeographically and demographically limitedTornados, small earthquakesSmall hurricanes outside leveesDomestic national security events9/11H1N1Hurricane KatrinaThe Danziger Bridge CaseOne exampleThe deaths compared to Hurricane BetsyThe real or perceived breakdown of civil orderStories of looting and behavior in the superdomeThe real breakdown in civil institutionsArmed private security and vigilante culturePreservation of Civil SocietyAs 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 autonomyCan you preserve rule of law without preserving civil society?Limitation of the National Response ModelThere is no civilian chain of commandOur democracy is not structured this way.Large events overwhelm national resourcesLogistics issuesLimits on people and materiel.Must depend on local resources for initial responseThe bigger the event, the long the local relianceDysfunctional Government is Always DysfunctionalGovernmental agencies that do not functional effectively day to day will fail in disastersA disaster plan will not substitute for people and materiel.Compare local institutions in Sandy and KatrinaResponse Plans Mask RiskWhat is the best you can do in a massive hurricane?Limit loss of lifeGet people in sheltersRebuild maybe over 2-5 yearsNational plans do not spell out their limitations and politicians say we will make it right.Rewarding Bad PlanningFEMA and Congress reward bad planning and response with more moneyNFIPRoad HomeRebuilding infrastructure in high risk zonesUrban renewal through the disastersLocal politicians blame the feds and are reelected.How to Improve National Response PlansFocus on Individual and Family Resiliency.Clearly state the limits of government help.Change incentives to increase resiliency.Pro-active NFIPDo not suppress insurance costsReward 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 GovernmentQuit 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.ConclusionThe Rule of Law ultimately depends on preserving civil society.We have large populations at high risk of disruptionEarthquakesExtreme weather events and climate changeNational security eventsMaking individuals more resilient is a necessary component of national response plans.