Mitchell Hamline School of Law Mitchell Hamline Open Access

Faculty Scholarship

2011 Law in the Time of Cholera: Teaching Law as a Research Course Neal R. Axton Mitchell Hamline School of Law, [email protected]

Publication Information Spectrum, May 2011, at 27

Repository Citation Axton, Neal R., "Law in the Time of Cholera: Teaching Disaster Law as a Research Course" (2011). Faculty Scholarship. Paper 202. http://open.mitchellhamline.edu/facsch/202

This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. Law in the Time of Cholera: Teaching Disaster Law as a Research Course

Abstract Disaster law is fun to teach but it has a serious purpose. Emergencies will inevitably arise but how society responds to them will determine whether or not they become full-blown . Training law students to adapt to dynamic situations will give them the skills they need in a world facing global warming, resource depletion, and a burgeoning population. By creating a more robust legal system, we can create a more resilient society.

Originally published in the May 2011 issue of AALL Spectrum.

Keywords teaching, administrative law, disaster, research

Disciplines Legal Education | Legal Writing and Research

This article is available at Mitchell Hamline Open Access: http://open.mitchellhamline.edu/facsch/202 AALLMay2011:1 4/14/11 11:08 AM Page 27

Law in the Time of Cholera Teaching disaster law as a research course

By Neal R. Axton

n June of 2011, an epidemic sweeps and administrative law at the local, state, plan and with human resources policies through Peru leaving scores dead in its and federal levels. from actual cities as models. wake. A team sent by the World Health I use guest speakers to provide real Groups are required to conduct I world perspective on disaster prevention, research into their roles as well as into Organization (WHO) detects a new type response, and rebuilding. Last term, the response plans. Students submit of bird flu (H1N3). Despite efforts at Minnesota League of Cities discussed its a research plan and a research log in containment, the virus soon spreads pandemic policy development workshops addition to their pandemic plan. Beyond throughout South America and then to North for cities as well as how cities respond to the research and writing, I encourage America. By the first week of September, more common emergencies like students to consider the importance of nearly 10 percent of U.S. citizens are sick with and . Students also learned about leadership in disasters. Understanding the the virus. Hospitals are overwhelmed. By municipal law and the role of mayors and law is important, but responding to an October 1, nearly 30,000 Americans have city councils in responding to unfolding disaster requires courage, died from H1N3, with millions more emergencies. A retired member of the compassion, and the ability to triage. infected. But by the end of October, the rate Judge Advocate General’s Corps also Students are forced to think across discussed state and federal service by disciplines and break out of the mindset of infection slows and life begins to return to the National Guard during declared that a fact pattern implicates only one set normal. emergencies and how of legal issues. The drama of the tabletop Then, in November, antibiotic escalates, as well as federalism concerns. disaster creates a sense of urgency for the resistant tuberculosis (TB) begins to spread I use guided research tutorials course, and the policy-writing exercise like through the population. outside of class to expose students to requires them to synthesize information The Centers for Disease Control suggests administrative research in Minnesota and from lectures and from the guest that H1N3 weakened people’s defenses at the federal level. The guided tutorials speakers and apply what they learned to TB. The U.S. medical system begins to lead students through the different from their research. crumble under the strain of this second resources. Students answer questions Disaster law at Mitchell is taught as wave of illness, and the economy grinds to to ensure that they are following a stand-alone class but could easily be a halt as small businesses fold due to lack along. A sample tutorial is available at co-taught by a librarian and a faculty of consumers and employees. http://bit.ly/tutorial-2011 or via Google member. Disaster law implicates many Docs at http://bit.ly/tutorial-dl. other areas of law including insurance law, Pandemic Risks Professor Marcia R. Gelpe and public health law, tort law, elder law, This fictional scenario is drawn from I developed the guided tutorial format property law, criminal law, immigration recent headlines of public health officials in 2007 to add a stronger research law, animal law, and international warning about the risk of a pandemic, component to her administrative law humanitarian law. especially bird flu. Responding to class, and we have refined the process Disaster law is fun to teach but it fictional scenarios called “tabletop over the years to get students into the has a serious purpose. Emergencies will disaster exercises” is a common technique primary resources quickly and give them inevitably arise but how society responds used by some confidence with these materials. to them will determine whether or professionals to strategize about In disaster law, after students not they become full-blown disasters. emergency response. See, for instance, complete the tutorials, they are assigned Training law students to adapt to the recent ARkStorm scenario in to write a pandemic response plan dynamic situations will give them the : http://bit.ly/ARkStorm2010. for the law school. After reviewing skills they need in a world facing global At William Mitchell, disaster law is the assignments, I share best practices warming, resource depletion, and a taught as the research component of the and creative solutions with the class. burgeoning population. By creating a “Government Service Pathway” directed For the final project, I create a more robust legal system, we can create at students interested in serving in fictional Minnesota town and assign a more resilient society. ■ government (http://bit.ly/a51QAK). students to work for city departments Neal R. Axton (neal.axton@ In disaster law, I use tabletop disasters or non-profits. Each group has a leader wmitchell.edu) is reference librarian at to explore how law-making bodies who has some prior relevant work history the William Mitchell College of Law in prepare for and respond to disasters, (based on reviewing student resumes). St. Paul, Minnesota, and volunteers with which stimulates student interest in Each group writes a pandemic response the Citizen’s Civil Defense Corps of Ramsey research by providing a compelling plan collaboratively. Students are provided context for questions of executive power with a fictionalized emergency operations County, Minnesota.

© 2011 Neal R. Axton • image © shutterstock/Sebastian Kaulitzki

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