**[Emergency Management and Homeland Security Law]{.smallcaps}**

**[Course Treatment]{.smallcaps}**

# William C. Nicholson

[Assistant Professor\
**North Carolina Central University**\
Department of Criminal Justice\
219 Whiting Criminal Justice Building\
Durham, North Carolina 27707\
Phone 919 530-7501\
FAX   919 530-5195\
]{.smallcaps}

**Texts**

***Emergency Response and Emergency Management Law* (2003)**

William C. Nicholson

## Homeland Security Law and Policy (2005)

William C. Nicholson

For each reading assignment, be prepared to discuss the questions in the
text.

**Class Objective:**

This course is designed to give the student an overview of homeland
security law and policy. We will explore emergency response, emergency
management and terrorism after 9/11. Topics include: the law for first
responders, incident management, weapons of mass destruction,
volunteers, Governors' powers, FEMA, Department of Homeland Security,
civil rights, and international anti-terrorism efforts. Guest speakers
from relevant areas will supplement our coursework.

**Evaluation**:

Midterm Article Critique = 1/4**\***

Paper = 1/4**\*\***

Paper Presentation = 1/4**\*\*\***

Preparation of Assignments and Participation in Class Discussions =
1/4**\*\*\*\***

**\*NOTE**: The Midterm Article Critique will be a critical review of an
"opinion piece" article chosen by the Professor that puts forth a view
on a relevant legal issue. The student will perform research on the
topic to find the range of opinions on the issue and will sum each view
up, after which the student will state which view is most correct and
why. The Midterm Article Critique will be due in Class 8. **No
extensions will be granted**. If the Critique is not submitted on time,
your grade will drop a full letter grade for every day it is late.
**Length Guideline**: Between 4 and 6 pages, double-spaced. No shorter
than 4; no longer than 6.

**\*\*Paper**: You will write a paper on a homeland security topic to be
approved by the Professor. You must meet with the Professor to discuss
the topic and obtain approval **PRIOR** to submitting a one paragraph
proposal describing the paper's contents, which is due in Class 7. The
final paper is due Class 15. **No extensions will be granted**. If the
paper is not submitted on time, your grade will drop a full letter grade
for every day it is late. **Length Guideline**: Between 14 and 16 pages,
double-spaced. No shorter than 14; no longer than 16.

**\*\*\*Paper Presentation**: You will make a 15 minute presentation of
your paper to the class during Class 15 or Class 16. You will then lead
discussion and answer questions on your paper topic for 5 minutes. Times
for presentations will be selected during our third class. Note that
this presentation will be **one fourth of your grade**: you are advised
to be well prepared. This is your opportunity to share with the
Professor and the class the results of your own research.

**\*\*\*\*NOTE**: You, as students, are expected to attend class,
complete the assignments, and take an **ACTIVE ROLE** in class
discussions. **ATTENDANCE ALONE IS INSUFFICIENT**. If you do not
participate, your grade will suffer significantly!!!!!! **If you are shy
and do not participate, YOU WILL NOT GET A GOOD GRADE!!!!!!**

**\*\*\*\*NOTE: Daily work is a critical component of the class, and it
is weighted accordingly.** If you must miss class due to illness or
emergency, you are required to contact another student to get the
assignment for the next class period so you are prepared to be a full
participant. To this end, you should secure the phone number and e-mail
address of at least two classmates so you have contacts for missed
assignments. **DO THIS IMMEDIATELY!!!**

**For each reading assignment:**

For the ***Emergency Response and Emergency Management Law* text**,
**brief all cases**. This involves identifying the following:

Parties Who is on the two sides?

Facts What happened?

Rule What is the law?

Issue Does the law apply to these facts?

Holding The law does or does not apply to these facts.

Reasons & policies Why the law does or does not apply to these facts

For portions of the text that are **not cases, write down a quote** that
you found interesting and **explain why**.

For all supplemental articles, answer the following questions:

1.  What most important point the article made?

2.  What statement did you most strongly agree with or disagree with?
    Why?

3.  Put the article's approach in context of our class. Describe how the
    article's topic and content are relevant to the rest of the day's
    assignment.

Additional questions may also be assigned from time to time.

**Preliminary Class Schedule:**

Class 1 Introduction to Homeland Security, Terrorism and Emergency Law

Testimony: The Nomination of The Honorable Tom Ridge to be Secretary of
the Department of Homeland Security, found on the web at:
http://www.dhs.gov/dhspublic/display?theme=45&content=295

### Homeland Security Law and Policy

> Introduction
>
> Chapter 1: Defining Homeland Security

Class 2 ***Emergency Response and Emergency Management Law***

> Introduction
>
> Chapter 1: Duty to Act: When does the duty to act arise? Who must act?
>
> Chapter 2: Training Accidents

Class 3 ***Emergency Response and Emergency Management Law***

> Chapter 2. Vehicle Issues
>
> Chapter 3. Dispatch Issues
>
> Be prepared to discuss the questions in the material.

Class 4 ***Emergency Response and Emergency Management Law***

> Chapter 5: Emergency Medical Services

Documentation

Patient Consent

Treatment of Minors

Good Samaritan Acts

Class 5 ***Emergency Response and Emergency Management Law***

> Chapter 8: Using Volunteer Resources
>
> Chapter 9: The Rescue Doctrine and the "Fireman's Rule"

### Class 6 Homeland Security Law and Policy

Chapter 2: The Evolution of Emergency Management

#  Chapter 3: FEMA's Changing Priorities Since September 11, 2001

> "Identity Crisis - Hurricane Tests Emergency Agency At Time of
> Ferment" By Robert Block, Wall Street Journal, August 16, 2004

"How We Got Homeland Security Wrong" By Amanda Ripley, TIME, March 29,
2004

Class 7 **Paper Topic Due**

> *Homeland Security Law and Policy*
>
> Chapter 4: Adopting the National Response Plan (NRP) and the National
> Incident Management System (NIMS)
>
> *Emergency Response and Emergency Management Law*
>
> Chapter 5: Managing A Response: Standard Operating Procedures, Mutual
> Aid and the Incident Management System

Class 8 **Mid term critique due**

##### *Homeland Security Law and Policy*

##### Local and Regional Perspectives

Chapter 5: Homeland Security from the Local Perspective

> Chapter 6: Homeland Security Initiatives and Emergency Management in
> Metro Areas
>
> Class 9 ***Emergency Response and Emergency Management Law***
>
> Chapter 10: The Attorney's Role in Emergency Management

##### Class 10 *Homeland Security Law and Policy*

#  Chapter 7: New Partnerships for Homeland Security Government, Private Sector, and Higher Education

> Chapter 8: Partnering with the Department of Defense

Class 11 ***Homeland Security Law and Policy***

> Civil Liberties Issues
>
> Chapter 9: Insatiable Appetite: The Government's Demand for New and
> Unnecessary Powers after September 11^th^
>
> Chapter 10: Anti-Terrorism Investigations and the Fourth Amendment
> After 9-11
>
> Chapter 11: The USA Patriot Act, Money Laundering, and Suspicious
> Activity Reports from Financial Institutions

Class 12 ***Homeland Security Law and Policy***

Chapter 12: Mass Transit and Homeland Security: Policy Issues

Chapter 13: Post 9-11 Challenges for Aviation Security

Class 13 ***Homeland Security Law and Policy***

> Weapons of Mass Destruction
>
> Chapter 14: Natural Disasters and Weapons of Mass Destruction
>
> Chapter 15: Bioterrorism Defense
>
> Chapter 16: Understanding the "Dirty Bomb" and Its Policy Implications

Class 14 ***Homeland Security Law and Policy***

> Foreign Policy Aspects of Homeland Security
>
> Chapter 17: Foreign Views of U.S. Darken Since Sept. 11
>
> Chapter 18: GOP Congressman: War was a Mistake
>
> Chapter 19: President Bush Discusses Iraq

Class 15 Class Presentations: **Paper Due**

Class 16 Class Presentations

Class 17 Last Day of Class: Semester Wrap Up

# Chapter 20: Restructuring Management of National Security Intelligence 

Chapter 21: The Future of Homeland Security