While infectious diseases remain the leading causes of morbidity and mortality on our planet, the general public does not appear to share this perception, especially in the shadow of equally scary but less likely risks such as a bioterrorist attack with aerosolized smallpox.  Moreover, most people today are overly optimistic with regard to the means at our disposal to fend off global epidemics comparable to the "Black Death" of the 14th century or—on a lesser scale—the "Spanish Flu" of 1918/19 that killed or sickened an estimated 50 to 100 million people worldwide in a matter of 12 to 18 months.  Particular attention has recently been paid to pandemic influenza due to the potential threat posed by H5N1 avian influenza as it continues its global spread from East to West. Although governments at all levels are beginning to formulate pandemic response plans, very little attention has been paid to examining the critical ethical and legal issues involved in implementing these plans.