1. Katrina and the Aftermath
What went wrong and was it a legal problem?

2. History of Emergency Action Laws
The courts have not stopped government action aimed at protecting public health and safety in an emergency
No matter how stupid in hindsight
Korematsu

3. Modern Emergency Laws
In the 1990s the feds bribed the states into passing emergency response laws
Pretty good laws to deal natural disasters and flexible enough for other problems given that:
COURTS NEVER INTERFERE WITH EMERGENCY ACTIONS, NO MATTER HOW STUPID

4. Emergency Laws Post 9/11 Homeland Security
Model Emergency Health Powers Act
State Emergency Powers Acts
LA Emergency Power Acts

5. WHY PASS THESE LAWS IF THE OLD ONES WORKED?

6. Legislature as a Factory
Legislatures see themselves as factories and their product is laws
They were just responding to public concern by passing some new laws

7. WHY DO MORE LAWS MAKE THINGS WORSE?

8. Law as a Substitute for Action
Laws do not increase the skills of state employees
Laws do not increase resources
Laws do not give politicians courage or good sense
Laws are just way to deal with the media

9. Katrina

10. Short Term Problem No Meaningful Evacuation of New Orleans
Was there a plan?
What would an evacuation take?
What is the short term cost?
What is the long term cost?
Development
Politics

11. Long Term Problems - Denial
Long history of flooding
The levee fantasy
The levees could have been overtopped if the storm had come in farther east
Levees break
Below sea level only works in Death Valley
No meaningful building code

12. Where the Feds the Problem?
FEMA would have done fine if state had not allowed people to be trapped in New Orleans
Massive disasters defy clean up
You have to prevent them when you can
The only thing the feds could do would be to take over the role of state government with everything to do with coastal construction and zoning