Biodefense: A Legal Framework Rework - When Peacetime is the Only Time

Bioterrorism is a threat of catastrophic proportions. In this article, Professor Sutton posits that the anthrax attacks of 2001 demonstrated that America was sadly unprepared for the unique threats presented by bioterrorism. The leitmotif of this article is that developing an effective national defense requires our nation’s legal community to reevaluate America’s legal framework. Sutton hopes that by providing an overview of the areas that she contends should be addressed, the article will assist in developing a dialogue among the nation’s legal community. This dialogue, Sutton hopes, will lead to reform in these challenging areas. The article discusses separation of powers issues, federalism, federal and state governments’ roles, private sector effects, criminal and civil implications, as well as technological and scientific issues related to bioterrorism. Professor Sutton contends that our nation’s legal community must address these legal challenges to allow the Department of Homeland Defense to successfully combat the unique challenges of bioterrorism.