Articles & Resources

CHHS Senior Law and Policy Analyst Clark J. Lee has written a new article on the law-based case for later school start times. Check it out: http://linkinghub.elsevier.com/retrieve/pii/S2352721817301924
CHHS Senior Policy Law and Policy Analysts Preeti Emrick, J.D. and Christine Gentry, J.D., with help from CHHS Research Assistant Lauren Morowit, published an article in Disaster and Military Medicine which examined public health measures, including health surveillance and decedent disposition, and their effects on isolation and quarantine practices in six countries (Sierra Leone, Guinea, Liberia, United States, Canada, and Australia) in context of the 2014–2015 Ebola Virus Disease (EVD) response, and made recommendations. Read "Ebola Virus Disease: international perspective on enhanced health surveillance, disposition of the dead, and their effect on isolation and quarantine practices" from August 31, 2016, or download the PDF, below.   DMM-PDF.pdf
  From The Baltimore Sun: http://www.baltimoresun.com/news/maryland/harford/belair/ph-ag-ems-study-0629-20160629-story.html CHHS Senior Law and Policy Analyst Chris Webster, J.D. and Academic Program Manager Mike Vesely, J.D. are leading the initiative over the coming months. After the initial phase, there may be continuation of the project.    
CHHS Senior Policy Analyst Christopher Ryan, working with the Metropolitan Washington Council of Governments, had the article "MWCOG and InfraGardNCR Key to Government Engagement with Private Sector Critical Infrastructure Stakeholders" published by George Mason University's CIP Report on March 22, 2016. Ryan discussed the challenges involved in developing a strategic homeland security plan for the National Capital Region that addresses needs of the "whole community," and the resulting benefits of working with InfraGardNCR to conduct a survey of private critical infrastructure stakeholders.  
CHHS Senior Law and Policy Analyst Clark Lee had his legal commentary piece "Sleep: a human rights issue" published in the March 2016 edition of Sleep Health, a journal of the National Sleep Foundation. Read the full article here.
CHHS Senior Policy Analyst Birch Barron, working with the medical director's office at the Howard County Department of Fire & Rescue Services and as an emergency management specialist with the Howard County Office of Emergency Management, examined the benefits of basic bleeding control performed by bystanders during active shooter incidents for an article recently published in the Domestic Preparedness Journal. Read "Bleeding Control - The Next Step in Active Shooter Guidance" from January 20, 2016.
CHHS Senior Law and Policy Analyst Ellen Cornelius had the article "The Continuing Battle Over Privacy vs. Security" published by the Domestic Preparednesss Journal as part of their in-depth look at Cyber and IT in October 2015.
The Fall 2015 edition of the United States Cybersecurity Magazine includes an article by CHHS Cybersecurity Program Manager Markus Rauschecker on the importance of expanding cyber education beyond technical abilities. Read the full article here.
CHHS Senior Law and Policy Analyst Clark Lee presented his public health research on drowsy driving in university students at an April 8, 2015 Graduate Research Interaction Day in College Park, Maryland, where he received first prize in the "Risk, Prevention, and Health Behavior" category. He will also present at the 29th Annual Meeting of the Associated Professional Sleep Societies, LLC on June 8, 2015 in Seattle, Washington. The abstract for his presentation in Seattle, “Intention and Willingness to Drive While Drowsy Among University Students” was published in a supplemental issue of the journal Sleep: http://www.sleepmeeting.org/docs/default-source/attendee-documents/sleep-2015-abstract-supplement.pdf?sfvrsn=2 [Abstract #240 on pp. A87-A88], and ...Read More
University of Maryland Francis King Carey School of Law student and CHHS Research Assistant Laura Merkey earned first place in a writing competition hosted by the Center for the Study of Dispute Resolution (CSDR) and Missouri Law Review at the University of Missouri School of Law for her paper "Building Trust and Breaking Down the Wall: The Use of Restorative Justice to Repair Police-Community Relationships."  The competition was held in conjunction with a symposium "Policing, Protesting, and Perceptions: A Critical Examination of the Events in Ferguson" in February 2015. Her paper will be printed in the Fall 2015 edition of the ...Read More
As a University of Maryland Francis King Carey School of Law student and former CHHS Research Assistant, Andrew Geltman has focused on public health issues during his academic endeavors.  Published in the 2015 Journal of Health Care Law and Policy his article "Defusing the Bug Bomb: Legal Strategies to Combat Antibiotic Resistant Infections" explores legal strategies both to control the use of antibiotics, and to develop antibiotic drug therapies to halt the spread of antibiotic resistant infections from person to person.
As part of an editorial series by Domestic Prepareness Journal highlighting the Baltimore City Mayor’s Office of Emergency Management, with whom the Center has worked with for nearly ten years on projects ranging from grants management to exercise development and training, CHHS Senior Policy Analyst Vernon Herron, Exercise and Training Program Manager Laura Hoch, and Associate Director Alexandra Podolny wrote the article "A Training Partnership That Began With a Grant."
CHHS Senior Law and Policy Analyst Ellen Cornelius penned an article for the Fall 2014 edition of the United States Cybersecurity Magazine. Cornelius explored the "ever-deeping threat Chinese hackers pose" and their recent targeting of federal employee databases. Read the article in Volume 2, Number 5, pages 9-12, here.
CHHS Senior Law & Policy Analyst Clark J. Lee, JD defended his Master of Public Health thesis (Intention and Willingness to Drive While Drowsy in a Population of University Students in Maryland: An Application of an Extended Theory of Planned Behavior Model) on September 18, 2014 at the University of Maryland School of Public Health in College Park, Md. For his thesis, Lee conducted a questionnaire-based descriptive study to examine the utility of a model based on constructs from the Theory of Planned Behavior and the Prototype Willingness Model to predict intentions and willingness to engage in drowsy driving behavior ...Read More
CHHS Senior Law and Policy Analyst Markus Rauschecker was published in the Summer 2014 edition of United States Cybersecurity Magazine. Rauschecker's article "Thinking Ahead - Implementing the NIST Cybersecurity Framework to Protect from Potential Legal Liability" explored Obama's Executive Order 13636 - Improving Critical Infrastructure Cybersecurity and the attempt to get private sector companies to implement the best practices framework outlined by the National Institute of Standards and Technology. Without legislation companies cannot be forced to adopt specific policies but the government has provided incentives and companies looking to protect their own interests are encouraged to improve cybersecurity. Read the full publication, here.   ...Read More
CHHS Senior Law and Policy Analyst Clark Lee co-authored a policy brief advocating for later school start times for adolescents based on their natural sleep cycle with Dr. Paul Kelley from the University of Oxford. This brief is available for viewing on the Education Commission of the States website here or can be downloaded below.  
Dorcas R. Gilmore, a University of Maryland, Francis King Carey School of Law graduate, has put her legal education and training to use while working in disaster recovery like many CHHS staffers. Through the American Bar Association’s Forum on Affordable Housing & Community Development Law, Ms. Gilmore details a recent rise in disasters and the role of practitioners in diminishing their impact as the Co- Editor (with Diane M. Standaert) of Building Community Resilience Post-Disaster: A Guide for Affordable Housing & Community Economic Development Practitioners. The publication brings a unique perspective and helpful tools to the emergency management field, while ...Read More
CHHS Public Health Program Manager Earl Stoddard, Senior Law & Policy Analyst Clark Lee and Patrick Rose authored Enhancing Communication Between Scientists, Government Officials, and the Lay Public: Advancing Science and Protecting the Public's Welfare through Better Multi-Stakeholder Interfacing in the Special Symposium Edition, Innovations in Public Health Law: Exploring New Strategies, of the Annals of Health Law. You can read the article here. 
Public Health Program Manager Earl Stoddard III and Senior Policy Analyst Tom Cotter published Early Detection of Zoonotic Emerging Infectious Diseases in the Domestic Preparedness Journal on June 19, 2013.  They discuss the increasing need for collaboration between public health entities and animal-surveillance operations to combat global pandemics. Read the article here.
Michael Beland, CHHS Visiting Fellow, had the article Cybersecurity Incentives – What Do We Have, What Do We Need? published in Security Debrief on June 11, 2013. His article explored the implications of the Obama Administration moving from mandatory cybersecurity standards to incentives to encourage adoption of a general standard. Read the article here.
Law & Policy Analyst Avery Blank wrote an article for Law Practice Today. The article outlines the complex issues in cyber security where there is a continual fight to balance protecting personal information with the open and accessible format of the internet. Even with the government's attempts at protecting citizen's information ultimately the responsibility falls to the user. Read the article here.
CHHS Policy Analyst Amanda Faul has been writing a series for Domestic Preparedness. Her latest article is about upcoming implementation of Presidential Policy Directive 8. Read the article here. Her previous article for Domestic Preparedness about National Preparedness System (NPS) can be viewed here.
Maryland is currently determining the best way to prioritize facilities for energy assurance and emergency generation. A two-part study by the University of Maryland Center for Health and Homeland Security commissioned by the State will first examine how to prioritize broader categories of critical infrastructure, while the second part will examine prioritizing emergency power at specific facilities in Maryland. The first phase is expected to be completed by the end of calendar year 2012.  
CHHS Senior Law and Policy Analyst Clark Lee has contributed an article about the PETS Act to the Journal of Animal Law & Ethics. The Act encourages state and local jurisdictions to take into account the needs of individuals with household pets and service animals in their preparedness activities for major disasters and emergencies.        
Following the terrorist attacks of 11 September 2001, the U.S. government made numerous political, economic, and structural changes to provide greater protection for the nation as a whole. Among the most important of those changes were the actions taken to: (a) establish the new U.S. Department of Homeland Security (DHS) – and that department’s Transportation Security Administration (TSA); and (b) reorganize the Federal Bureau of Investigation (FBI) as part of a broader program to better protect the U.S. homeland from additional and possibly even more damaging attacks in the foreseeable future. Of almost equal importance is the fact that billions ...Read More
Society's rising expectations for improved treatments and better health outcomes continuously push the boundaries of discovery in biomedical research. One focus of such research is to develop the newest drugs to address humanity's increasing exposure to emerging infectious diseases. Researchers in Europe and the U.S. recently developed the recipe for the deadly H5N1 virus in a lab setting, which sparked a debate about whether the findings should be published for public health preparedness reasons or whether this is sensitive information that may have dire homeland security consequences. The full article (in pdf format below) by CHHS Public Health Program Manager Earl Stoddard, Senior Law & ...Read More
With so much depending on reliable emergency radio communications, the managers of these systems and other people working in the field of interoperable communications need to be aware of incompatible and inadequate communication systems that can cause delays, confusion, and even loss of life; the Federal Communications Commission's (FCC's) mandates on narrowbanding and rebanding; and the pending development of a broadband communications network for the nation's emergency services. This article highlights these important developing issues. The full article (in pdf format below) by CHHS Senior Law & Policy Analyst Lori Romer Stone appeared in the January/February 2012 edition of the Journal ...Read More
Almost one in five people living in the United States has a disability. Therefore, there is not only an ethical need but also a practical demand for jurisdictions to invest in emergency preparedness initiatives that address the functional needs of people with disabilities. The full article (in pdf form below) by CHHS Law & Policy Analyst Nishamarie Sherry and former CHHS Law & Policy Analyst Anne Marie Harkins appeared in the November/December 2011 edition of the Journal of Emergency Management.
Social media has changed the way information is communicated and analyzed. Through social media services, individuals can exchange information with large groups of people in real time. Local emergency management agencies should incorporate these tools into their communication plans to effectively communicate with the public and to obtain a better level of situational awareness to aid response and recovery efforts. The full article ( in pdf format below) by CHHS Law & Policy Analyst R. Sabra Jafarzadeh appeared in the July/August 2011 edition of the Journal of Emergency Management.
There is confusion among some state emergency management officials regarding whether the Stafford Act and eminent domain laws prevent the federal government from commandeering or taking state resources during certain emergency situations. The Stafford Act indeed allows the federal government to coordinate state response efforts under dire circumstances. The full article (in pdf form below) by CHHS Law & Policy Analyst Raymond Shin appeared in the May/June 2011 edition of the Journal of Emergency Management.
By Clark Lee, JD CHHS Senior Law & Policy Analyst Fatigue in emergency response providers can compromise the effectivness of any emergency response operation. Appropriate emergency response preparedness, management, policy making and research efforts can mitigate the dangers posed by resonder fatigue. This article focuses on the need for developing and implementing such efforts nationwide and considers existing resources, opportunities and challenges for accomplishing this goal. This article was published in the September/October 2011 edition of the Journal of Emergency Management.
Author(s):Angelique Pui-Ka So, JDEmily Catherine Cornette, JDThis article focuses on the National Commission on Children and Disasters' 2010 Report regarding disaster planning for children. This article recommends measures to ensure best practices in planning for children in disasters. It also highlights the unique needs of children and sheds light on the differences between planning for children and planning for other at-risk populations. This article was published in the March/April 2011 issue of the Journal of Emergency Management. TweetJEM-9-2-01-children-and-disaster-planning.pdf
Author(s):Michael Greenberger, JDTestimony before the U.S. Senate Committee on Agriculture, Nutrition and Forestry. The Relationship of Unregulated OTC Derivatives to the Meltdown. It is now accepted wisdom that it was the non-transparent, poorly capitalized, and almost wholly unregulated over-the-counter ("OTC") derivatives market that lit the fuse that exploded the highly vulnerable worldwide economy in the fall of 2008. Because tens of trillions of dollars of these financial products were pegged to the economic performance of an overheated and highly inflated housing market, the sudden collapse of that market triggered under-capitalized or non-capitalized OTC derivative guarantees of the subprime housing investments. ...Read More
Author(s):Aileen Xenakis, JDThis article identifies the key elements of Federal Emergency Management Agency’s November 2010 Guidance on Planning for Integration of Functional Needs Support Services in General Population Shelters. It addresses the impact that such guidance will have within the emergency management and sheltering community, specifically what integration means from a policy perspective as well as from a practical standpoint. This article addresses the impetus behind the guidance and demonstrates that although budget constraints might not allow for all changes to be made immediately and completely, the guidance itself, as a standard to which state and local governments can aspire, ...Read More
Author(s):Jessica L. Hurst, JDPostdisaster environments are proven battlegrounds for human rights violations, and a binding international instrument speaking directly to the right to postdisaster human rights protections is a critical and necessary strategy in international disaster response and recovery efforts. This article encourages the development of an international instrument crafted to specifically address human rights protections in postdisaster contexts, founded in international human rights law and policy, and invoking the authority of international law bodies, which can also be used to further refine U.S. emergency response policy. This article was published in the November/December 2010 issue of the Journal of ...Read More
Author(s):Kimberly L. Nagel, MA, CEMPreeti V. Emrick, JDIn the wake of recent disasters including September 11, 2001, and the 2005 hurricane season, regional planning has become a high priority. Despite the 2007 release of the National Preparedness Guidelines, improving regional collaboration has continued to be a significant challenge and remains immeasurable. Regional operational plans are ineffective during disasters because of the differing goals of the jurisdictions within that region. It is evident that regions should be formed naturally based on how jurisdictions usually interact with each other. Regional planning is ineffective today because the federal funding process does not promote ...Read More
CHHS coordinated and facilitated the hospital surge portion of 'Capital Shield 2011,' a D.C.-region full-scale exercise that evaluated how dozens of agencies would respond to a simulated terrorist attack. This video features CHHS Exercise Program Manager Christina Crue and CHHS Public Health Program Manager Earl Stoddard, along with moulaged 'mock victims,' and EMS personnel. Tweet
Author(s):Christina M. Crue, MS, CEMRobin J. Clark, JDCultural heritage is a source of community identity and local income, two elements that are necessary in any successful disaster recovery effort. The cultural heritage industry, however, has been historically underprepared for disaster events, as recent events demonstrate. This lack of preparedness may result in the loss of irreplaceable artifacts and lagging recovery efforts. It is time to remedy this lack of preparedness through emergency planning. Although the planning process for cultural institutions is similar to other types of emergency planning, some components are unique. This article outlines the elements of emergency planning ...Read More
Author(s):Raymond K. Shin, JD, MPPEmergency Medical Services (EMS) providers must often provide medical assistance without adequate time and resources. To encourage EMS providers not to be fearful of negligence lawsuits when they provide treatment, many states have enacted laws that protect them from civil liability. However, these laws provide immunity only under certain conditions. This article describes these conditions under which the immunity statutes generally operate. This article was published in the May/June 2010 issue of the Journal of Emergency Management. JEM-8-3-02-protection_against_liability.pdf
CHHS has been contracted by the Montgomery County Office of Emergency Management and Homeland Security to work with the hospitals in Montgomery County and Prince George’s County (Maryland) to assess and improve surge preparedness for potential catastrophes in the National Capital Region (NCR). The 10 hospitals have tasked CHHS with performing a gap analysis of hospital resources, training, and planning in the scope of a critical care surge event. The gap analysis will address a host of issues including communication between hospitals, first responders and their respective governments; pediatric critical care; and hospital incident management. A full-scale NCR critical care ...Read More
CHHS Founder and Director Michael Greenberger, along with Arianne Spaccarelli, discusses the Posse Comitatus Act and the use of federal troops in response to local disasters in Homeland Security and Emergency Management: a Legal Guide for State and Local Governments, published by the American Bar Association: http://works.bepress.com/michael_greenberger/36/ Abstract The federal government’s failure to quickly send active duty troops and other military assets to Louisiana in the wake of Hurricane Katrina primarily stems from its narrow interpretation of the Posse Comitatus Act (PCA), which generally bars the use of federal troops for domestic law enforcement. As this chapter explains, the complete breakdown of law ...Read More
Author(s): Aileen B. Xenakis, JD Washington, D.C.'s Closed Circuit Television (CCTV) program and the role it plays in homeland security and law enforcement can inform other jurisdictions in their development of CCTV policies and implementation. Examining both the process by which Washington, D.C. established its CCTV program and the regulations governing it yields a comprehensive understanding of the practical issues as well as constitutional issues that arise when balancing security, privacy rights, and government transparency. Analyzing strategies of successful jurisdictions, preparing to address the comments those jurisdictions received, and identifying the gaps remaining will improve the efficacy of developing CCTV ...Read More
Author(s):Angelique Pui-Ka So, JDColleen Clary, JDWhen preparing for emergencies, planners should be cognizant of individuals with "special needs." Analyzing various governmental agencies’ definitions demonstrates a lack of general consensus on who should be considered “special needs,” thus making it difficult to accommodate these individuals in current emergency plans. Compounding this problem is the “list of lists” approach currently used by many emergency planners. This approach mistakenly seeks to define “special needs” by compiling lists of disabilities, rather than focusing on the functional limitations of individuals in a particular emergency. The result of the “list of lists” approach is that some ...Read More
The CHHS Exercise and Training team led by Christina Crue designed, planned, and executed a functional exercise for Montgomery County, Maryland in April 2010. The exercise scenario was based on a Category 3 hurricane ravaging Maryland. The functional exercise began with a conference call briefing on each of the days leading up to the actual day-long exercise on Thursday, April 8 to simulate Montgomery County’s actual process of preparing for a severe storm. During these conference calls, the Montgomery County Office of Emergency Management and Homeland Security (OEMHS) provided weather briefings and recommendations to prepare county agencies for the worst. ...Read More
Author(s):Jessica HurstWhen children are accidentally vaccinated at school without parental consent, compensation may be hard to find. Daniel Acosta of Port Charlotte, Florida, never signed the consent papers that would have allowed his four-year-old daughter to receive the H1N1 vaccine at school. And without parental consent, he assumed his daughter would not be vaccinated. “[S]o I was pretty surprised… when she rolled up her sleeve and showed me the band-aid, and when I removed it – I saw the swelling and the redness.” Mr. Acosta’s daughter had been vaccinated with the H1N1 vaccine, without his consent. If she were to ...Read More
Author(s):Paris Nourmohammadi, JDBrigid Ryan, JDThe H1N1 influenza virus, more commonly known as “swine flu,” emerged in the spring of 2009. In response to the 2009 H1N1 influenza outbreak, New York State Health Commissioner Richard Daines, MD, enacted an emergency regulation requiring all New York healthcare personnel to receive the seasonal influenza and H1N1 influenza vaccine by November 30, 2009 as a precondition of employment. The regulation affected all paid and unpaid staff who would have direct contact with patients or who “could potentially expose patients” including volunteers, students, and contractors. The regulation provided only one exemption: healthcare workers who could ...Read More
A video of CHHS Founder & Director Michael Greenberger's presentation at the Make Markets Be Markets conference on March 3, 2010. To find out more, visit the Roosevelt Institute's website. Click here to read Professor Greenberger's chapter of the report released at the conference.  
Author(s):Michael Vesely, JDThis article focuses on the role that devolution planning should occupy in an agency's continuity planning effort. A devolution plan is an integral part of a Continuity of Operations (COOP) plan; however, many agencies do not expend the necessary time and effort to develop these essential plans. There are several reasons for this, including the difficult nature of the concepts at issue, as well as the practical challenges inherent with the implementation of a devolution plan. This article gives a brief overview of COOP planning, with particular attention paid to the reconstitution period. It then gives the definition ...Read More
Author(s):Michael Greenberger, JDThis paper presents supplemental views to the Energy Market Volatility portion of the Report by the Expert Group established by the Jeddah and London ad-hoc Energy Meetings (2008) to provide recommendations to the Twelfth International Energy Forum (IEF) Ministerial Meeting in March 2010. Specifically, this paper focuses upon theories articulated in the Report that have been advanced by certain market observers and academics to the effect that changes in crude oil market fundamentals have not been sufficiently dramatic to justify the last two year‘s extreme worldwide crude oil prices. This view sees the oil market (and even certain ...Read More
reimbursement_policies_RCPG.pdf
RCPG_T_and_R_checklist.pdf
RCPG_In-Kind_Donation_Form.doc
CHHS hosted the Maryland RCPG Workshop I, which brought together public and private sector partners to resolve state and regional resource needs during an emergency, on Sept. 10-11, 2009.
continuity_guidance_circular_1.pdf
coopworksheets.pdf
references022009.pdf
federal_continuity_directive_2.pdf
federal_continuity_directive_1.pdf
basic_coop_exercise_discussion_questions.pdf
Author(s):Brigid Ryan, JDParis Nourmohammadi, JDOn June 11, 2009, the director of the World Health Organization (WHO) raised the phase of alert in the Global Influenza Plan from level five to level six. The cause for this was the H1N1 virus which had already affected several countries. A level five alert is declared when more than one country in a single WHO geographic region is affected by the same virus. A level six declaration means that the community outbreaks are occurring in at least two WHO geographic regions. Once such a declaration is made, little time remains before mitigation efforts must ...Read More
CHHS hosted the "Training in Law and Policy Issues Related to the Public Health Response to Biological Emergencies: Public Health Catastrophes -- Past, Present, and Future" conference for the Middle Atlantic Regional Center of Excellence for Biodefense and Emerging Infectious Disease Research (MARCE) from Nov. 10-11, 2009. H1N1 influenza and pandemic flu response was a major topic of discussion.
Author(s):Adrian Wilairat, JDRobin J. Clark, JDContinuity of government (COG) planning for local government is an important aspect of our nation's preparedness. COG plans help to prepare local government officials for emergencies in their jurisdiction by identifying legal authorities, orders of succession, and alternate facilities. This article summarizes relevant guidance, outlines key features, and provides substantive examples of the content of local government COG plans. This article appeared in the September/October 2009 issue of the Journal of Emergency Management.JEM-7-5-03-bringing_it_home.pdf
Author(s):Talley Kovacs, JDMichael Greenberger, JDMarita Mike, MD, JDProfessor Michael Greenberger's written testimony for a hearing before the U.S. Senate Committee on the Judiciary Subcommittee on Terrorism and Homeland Security, held Sept. 22, 2009. The thesis of the testimony is as followes: The Nation can upgrade security measures at those biosafety level ("BSL") laboratories that handle the most dangerous pathogens ("BSL-3" and "BSL-4" labs), so that federal government can develop countermeasures to potential terror attacks without having that research in and of itself pose a threat to national security. At the end of this testimony, we make recommendations in aid of ...Read More
CHHS Director Michael Greenberger, JD, joined CHHS Health Director Marita Mike, MD, JD; Professor Diane Hoffmann, JD, MS, director of the Law & Health Care Program at the University of Maryland School of Law; and Professor Wilbur Chen, MD, MS, from the University of Maryland School of Medicine Center for Vaccine Development, for "Adapting to New Threats: H1N1 Flu and You" on Sept. 16, 2009.
Governor Martin O'Malley announces the creation of the Maryland Civic Guard for Emergency Preparedness during his keynote address at the Maryland Meta-Leadership Summit on July 16, 2009. CHHS and the Maryland Emergency Management Agency (MEMA) will play a critical role in the Civic Guard initiative. Video courtesy of the CDC Foundation.
Author(s):Jillian A. Williams, JDAileen B. Xenakis, JDAs emergencies consistently overwhelm the resources of the jurisdictions they affect, the emergency management community responds with legislation enacting programs to send aid more efficiently, including the Emergency Management Assistance Compact (EMAC). Correspondingly, emergency management technology develops to meet the field’s evolving needs. The Office of the National Capital Region Coordination (ONCRC) finds that the technology behind First Responder Authentication Credentials, or FRAC cards, will supplement the EMAC program by providing the trust framework that will enable identity and typing to be electronically verified to one individual issued from an authoritative source. It puts ...Read More
The University of Maryland Center for Health and Homeland Security teaches a DHS COOP course at the Maryland Emergency Management Agency (MEMA). First responders from across the state of Maryland attended the course, which was delivered by CHHS Staff Attorney Mike Vesely and CHHS Policy Analyst Eric Oddo from July 21-23, 2009.
CHHS provided COOP (Continuity of Operations) training for first-responders in Los Angeles in August 2008.
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Author(s):Jessica P. George, JDJessica L. HurstThis article discusses the paradigm shift that is taking place in emergency management planning with regard to the integration of faith-based organizations in federal, state, and local preparedness, response, and recovery efforts. In addition, this article explores potential legal issues related to government funding and support of faith-based emergency planning initiatives. Finally, the article proposes recommendations for initiating and expanding emergency planning among faith-based organizations to fully utilize the unique knowledge these groups have of the needs of their communities. This article was published in the May/June 2009 issue of the Journal of Emergency ManagementJEM-7-3-01.pdf
Author(s):Whitney Faust, JDMichael Stallings, JDLessons learned and public scrutiny resulting from the Gulf Coast hurricane disasters in 2005 led the Federal Emergency Management Agency (FEMA) to restructure its national incident response guidance. The National Response Framework (NRF) replaced the National Response Plan (NRP) in early 2008. The updated Framework has focused the attention of emergency management planning to, among other things, updating Emergency Operations Plans (EOPs) on a State and local jurisdictional level, utilizing an Emergency Support Function (ESF) model. Since 2005, compliance mandates under the National Incident Management System (NIMS) have required local government entities to revise and update ...Read More
The State of Maryland’s goal is to implement a comprehensive and effective program to ensure continuity of operations of state and local government under all circumstances. As part of this effort, the Maryland Emergency Management Agency (MEMA) is encouraging all state and local organizations to have in place a viable plan that ensures continuity of operations through a full range of potential emergencies. MEMA, in association with the University of Maryland Center for Health and Homeland Security, has developed this "how-to" manual to assist state and local organizations in enhancing their continuity of operations planning. This manual covers the following ...Read More
Author(s):Adrian Wilairat, JDErin HahnWhen natural disasters such as hurricanes and wildfires approach, one of the emergency response personnel’s primary concerns is ensuring that everyone living within the affected area evacuates efficiently and safely. Emergency personnel are under enormous pressure to move the entire affected population quickly. Recent evacuations have earned media attention because the US Border Patrol conducted immigration status screenings for residents attempting to move to safer areas. These screenings deter portions of the immigrant population from evacuating, hamper evacuation efforts, squander emergency personnel resources, and ultimately endanger rescue workers who return to communities to search for survivors post ...Read More
Author(s):Megan H.Timmins, JDRobin J.Clark, JDRecent disasters have increased the public’s awareness of the lack of emergency preparedness of state and local governments. The attacks on the World Trade Center in 2001 highlighted failures in government agency coordination, while the anthrax attacks that followed and the more recent natural disasters of Hurricanes Katrina and Rita in 2005 have deepened concerns that our government is unprepared for emergencies. Partially in response to the public’s concern, the federal government has encouraged Continuity of Operations (COOP) planning at the federal, state, and local government levels. Public attention, government engagement, and the promulgation of federal ...Read More
Author(s):Joshua Easton, JD, MARebecca A. Shore-Suslowitz, JDOrit Zeevi, JDDavid M. McDonough, JDThe Department of Homeland Security (DHS) Grant Program and related homeland security grants managed by other federal departments and agencies are critical to state and local public safety agencies across the nation. State and local agencies use grant funds to purchase terrorism prevention and emergency response equipment, pay training and exercise costs, fund planning activities, and for limited personnel costs. After the initial tide of money was pushed out to state and locals in 2003, the grant application and implementation process has become increasingly complex and time consuming for ...Read More
Author(s):Michael Greenberger, JDOn September 21, 2006, my colleagues, Professors Singer, Quint, and Young, and I led a workshop for our faculty on the Supreme Court’s last, and most important case of the previous Term, Hamdan v. Rumsfeld. As was doubtless true of law scholars across the country (indeed, perhaps throughout the world), we expressed wonderment about the sweep of the decision. In Hamdan, a conservative Court, having just been joined by two conservative appointees named by a conservative President (known for attempting a dramatic expansion of his Article II war powers authority) and confirmed by a conservative Republican-controlled Senate (known ...Read More
Author(s):Michael Greenberger, JDPublished in DePaul Journal of Health Care Law, v. 10, no. 2, (Symposium Issue), 2007, p. 291-308. Recommended Citation Greenberger, Michael, "Preparing Vulnerable Populations for a Disaster: Inner-City Emergency Preparedness - Who Should Take the Lead?" (2007). All Faculty Publications. Paper 451. http://digitalcommons.law.umaryland.edu/fac_pubs/4512007PreparingVulnerablePopulations.pdf
Author(s):Michael Greenberger, JDPublished in Jurimetrics, v. 47, no. 3, spring 2007, p. 281-296. This article discusses the Department of Homeland Security’s (DHS’s) use of technology to help fight the war on terror. First, this article reveals how DHS has made little progress in encouraging the development of important technology, despite receiving ample resources from Congress to do so. Second, this article looks to the Office of War Mobilization’s (OWM) work during World War II as a possible template for galvanizing the Nation’s technological talent and resources to fight terror. Third, this article suggests a program for refining the OWM template ...Read More
Author(s):Michael Greenberger, JDPublished in Boston University Law Review, v. 87, no. 2, April 2007, p. 397-425. An earlier version of this paper may be found in the repository under Maryland Constitutional Law Schmooze. As the one year anniversary of the landfall of Hurricane Katrina on the Gulf Coast passed, the highly critical reports of the Bush Administration's mismanagement of the response to that catastrophe continued to mount. Central to the criticism of the Administration was its indecisiveness in deploying military assets to rescue and protect Gulf Coast citizens overwhelmed by one of the country's worst natural disasters. The President failed ...Read More
Author(s):Michael Greenberger, JDPublished in Mississippi College Law Review, v. 26, no. 1, fall 2006, p. 107-126. As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the ...Read More
Author(s):Michael Greenberger, JDPublished in Administrative law review, v. 58, no. 3, summer 2006, p. 611-626. With permission of the American Bar Association. Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. Hurricane Katrina, however, and other catastrophes that may be labeled "Incidents of National Significance," are examples of emergencies of such magnitude that federal assets must be brought to bear to respond adequately to the situation. As such Incidents will almost always affect interstate commerce, Congress' commerce powers justify ...Read More
Author(s):Michael Greenberger, JDFalse Conflict: Who's in Charge of National Public Health Catastrophes, published in Administrative and Regulatory Law News, v. 31, no. 2, spring 2006, p. 2-3, 14. © American Bar Association 2006. Reprinted with Permission. Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. The National Response Plan (NRP) adheres to this tenet, while providing for extensive coordination between the federal government and states and localities, if necessary. In doing so, the NRP provides procedures to ensure that ...Read More
Author(s):Michael Greenberger, JDOne of the bright milestones toward the development of a vibrant biodefense vaccine industry was the passage of the Project BioShield Act of 2004. That statute was designed "to provide protections and countermeasures against chemical, radiological, or nuclear agents that may be used in a terrorist attack against the United States". It encourages the development of effective countermeasures by establishing the Special Reserve Fund of $5.6 billion to be spent over ten years to assure pharmaceutical and biotechnology manufacturers that there is a ready market for their products through purchases by the government for the Strategic National Stockpile. ...Read More
Author(s):Michael Greenberger, JDPublished in Law Enforcement Executive Forum, Feb. 2006, p. 151- With permission of the publisher. Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As ...Read More
Author(s):Michael Greenberger, JDIn much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 ...Read More
Author(s):Michael Greenberger, JDPublished in the Maryland Bar Journal, v.37, no.2, 2004. The United States Supreme Court has agreed to take up its first case arising from the War on Terror by hearing the consolidated appeals of two groups of foreign aliens who are or who had been detained at the United States Guantanamo Bay Naval Base, Cuba: Rasul v. Bush (No. 03-334) and Al Odah v. United States (No. 03-343). The cases stem from the United States' capture of several hundred prisoners in Afghanistan and Pakistan and their subsequent imprisonment at Guantanamo Bay. The prison began operation in January 2002, ...Read More
Author(s):Michael Greenberger, JDPublished in the Journal of Health Care Law & Policy, v.8, Winter, 2005. On July 21, 2004, President Bush signed the Project Bioshield Act, which authorizes the spending of $5.6 billion to advance the development and acquisition of vaccines and other countermeasures to biological agents. While the funding and progress are welcome signs for our national biodefense strategy, the failure of the federal Phase I smallpox vaccination program demonstrated that other serious obstacles remain to the implementation of a successful pre-event vaccine immunization program. Specifically, as demonstrated by a field study of several states' health departments, performed at ...Read More
Author(s):Michael Greenberger, JDPublished in At War with Civil Rights and Liberties, Thomas E. Baker, John F. Stack, Jr., Rowman & Littlefield, 2005. A constitutional issue recently addressed by the United States Court of Appeals for the Second Circuit in United States v. Awadallah, 349 F.3d 42 (2003), has not received the widespread attention of high-profile litigation concerning the Justice Department's other controversial counter-terrorism policies. It is equally important. The issue arises out of Attorney General Ashcroft's announcement shortly after the terrorist attacks of September 11, 2001 that the aggressive detention of material witnesses [was] vital to preventing, disrupting or delaying ...Read More
Author(s):Michael Greenberger, JDPublished in Human Rights, v.31, no.1, 2004. Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed ...Read More