Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century
In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world. Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises—and the role of lawyers in them—better so that they may respond to them more effectively, efficiently, collaboratively and creatively. Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.
Ray Brescia is the Hon. Harold R. Tyler Professor in Law & Technology at Albany Law School. He is the author of The Future of Change: How Technology Shapes Social Revolutions, and the co-editor of Crisis Lawyering: Effective Legal Advocacy in Emergency Situations, and How Cities Will Save the World: Urban Innovation in the Face of Population Flows, Climate Change, and Economic Inequality.
Eric K. Stern is Professor at the College of Emergency Preparedness, Homeland Security and Cybersecurity at the University at Albany, SUNY. He is the Editor-in-Chief of the Oxford Research Encyclopedia of Crisis Analysis and co-author of The Politics of Crisis Management: Public Leadership Under Pressure.
In this collection of essays, Ray Brescia of Albany Law School and Eric Stern, a professor at SUNY Albany’s College of Emergency Preparedness, Homeland Security, and Cybersecurity, explore strategies for effective lawyering during a wide range of crises—from those involving a deprivation of civil rights, to natural disasters, to global health emergencies. The book offers practical guidance to lawyers operating during these times and also sheds light on how lawyers can help to resolve crises. The authors attempt to answer questions about lawyering during a crisis, including what ethics rules apply, how to maintain good client communications, what novel conflicts of interest may arise, and whether lawyers can plan ahead and train for these scenarios.