The Development and Recognition of Homeland Security Law

The thesis considers those laws created since 9/11 in direct response to that terrorist attack and intended to protect the American Homeland from further attack. Just as Congress passed thousands of pages of legislation in response to the events of 9/11, the Department of Homeland Security, created by one of those new laws, is churning out thousands of pages of federal regulations, and thousands of federal workers now seek to regulate and impose new legal standards, on U.S. citizens and businesses. After analyzing the congressional responses to 9/11, a survey was created and sent to those attorneys who hold themselves out as practicing or teaching “Homeland Security Law.” The intent was to determine whether the legal profession should now recognize Homeland Security Law as a separate practice area, and if not, what steps are necessary before a practice area is recognized. A substantial majority in each survey, and in the interviews, found that anti-terrorism laws, emergency management and critical infrastructure resiliency and protection are included within the area of “Homeland Security Law.” A working definition of Homeland Security Law then, is “those laws and regulations enacted or promulgated to ensure domestic security from man made or natural attack or disaster”.