Preparing for the Apocalypse: A Multi-Prong Proposal to Develop Countermeasures for Chemical, Biological, Radiological, and Nuclear Threats

Authors

Constance E. Bagley, Yale University
Anat Alon-Beck, NYU School of Law

Abstract

The false alarm of a Hawaiian nuclear attack in January 2018 is an example of the lack of U.S. preparedness for attacks using nuclear and other weapons of mass destruction. To address such threats, this Article proposes the establishment of a nationwide integrated defense of health countermeasures initiative (DHCI). DHCI is a multi-prong program to create a defensive triad comprising government, private industry, and academia to develop countermeasures for health threats posed by chemical, biological, radiological, and nuclear (CBRN) attacks. Key elements of our proposal include the use of the government's Other Transaction Authority to simplify procurement arrangements, the establishment of public-private partnerships with an information commons for the sharing and use of certain information and trusted intermediaries to protect proprietary information pursuant to cooperative research and development agreements, and the creation of a network of incubators sited in ecosystems of excellence. Although our proposal focuses on health countermeasures, it may be applied to other urgent national needs, such as rebuilding U.S. infrastructure.

Disciplines

Disaster Law | Education Law | Health Law and Policy | Law

Recommended Citation

Constance E. Bagley & Anat Alon-Beck, Preparing for the Apocalypse: A Multi-Prong Proposal to Develop Countermeasures for Chemical, Biological, Radiological, and Nuclear Threats, 40 Cardozo L. Rev. 823 (2018).
Available at: https://larc.cardozo.yu.edu/clr/vol40/iss2/8