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By Region: North America
Biodefense: A Legal Framework Rework – When Peacetime is the Only Time
Introduction — Why? The first revelation is the unique features of bioterrorism make it particularly unmanageable in our current legal framework. Federal authorities and experts have organized these as weapons of mass destruction, earning the collective acronym, WMD; yet radiological, nuclear, and chemical threats differ significantly from bio- logical threats. Radiological, nuclear, and chemical threats Read More »
- May 3, 2011
- | Filed under North America, Commentary, Law, and 2001-2025
Biodefense: Who’s In Charge?
Introduction — This article seeks to describe the current organizational structure, the role of the federal agencies in the context of biodefense and the federalism relationship with the states. The President’s proposal for a Department of Homeland Security is also examined in the context of the legal implications for biodefense, and the shift in federalism Read More »
- May 3, 2011
- | Filed under North America, Commentary, Law, and 2001-2025
Environmental Law and Public Health Law – In a Time of Plague
Introduction — The environment and public health goals hold a common value of healthy populations. The threat of bioterrorism requires a partnership of both, building upon the long history of the link between public health and the environment. This existing relationship is key to an effective system of biodefense for the nation, because the use Read More »
- May 3, 2011
- | Filed under North America, Commentary, Law, and 2001-2025
Law and Science drive technology in the war against bioterrorism
Abstract — The U.S. approach to defense against bioterrorism is being done largely within existing legal frameworks and in response to new laws that address this challenge—rather than technology driving the development of law. While the biotechnology revolution has resulted in a wide range of biodefense applications, these can only be applied within existing constitutional Read More »
- May 3, 2011
- | Filed under North America, Commentary, Law, and 2001-2025
Bioterrorism Preparation and Response Legislation – the Struggle to Protect States’ Sovereignty While Preserving National Security Federalism
SUMMARY — … However, the threat of biological attack–as distinct from chemical and nuclear attacks–has raised new concerns about our national security. … Preparation and surveillance are most critical to a threat of bioterrorism, and the only way to fulfill the Constitutional mandates is for the federal government to provide adequate national security. … Thus, Read More »
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