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The Law Of Emergencies

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The Law of Emergencies

The Law of Emergencies Book
Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Release : 2017-08-08
ISBN : 0128043229
Language : En, Es, Fr & De

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Book Description :

The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms

Emergencies in Public Law

Emergencies in Public Law Book
Author : Karin Loevy
Publisher : Cambridge University Press
Release : 2016-03-24
ISBN : 1107123844
Language : En, Es, Fr & De

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Book Description :

This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.

EMERGENCY RESPONSE AND EMERGENCY MANAGEMENT LAW

EMERGENCY RESPONSE AND EMERGENCY MANAGEMENT LAW Book
Author : William C. Nicholson
Publisher : Charles C Thomas Publisher
Release : 2013-12-01
ISBN : 0398088330
Language : En, Es, Fr & De

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Book Description :

This second edition is a major revision and update of Emergency Response and Emergency Management Law. As the first text to be published on emergency response and emergency management law this book provides an understanding of the legal challenges faced on a daily basis by the front-line troops in emergent situations. The emergency response law section begins with the duty to respond and proceeds through the wide range of legal issues that arise during response. Training accidents, vehicle issues, dispatch, emergency medical services issues, and “Good Samaritan” acts are covered. Additional topics include the standard operating procedures, mutual aid, the incident management system, hazardous materials incidents, OSHA, using volunteer resources, recovery by responders, the rescue doctrine, and the World Trade Center site litigation. The emergency management law section examines the powers of governors, state and local responsibilities, federal emergency management, difficulties in mitigating legal exposure, legal steps for mitigation, potential negligence liability, legal requirements and interpreting/translating assistance, preparedness cases, recovery cases, and the role of the local government attorney before, during, and in the aftermath of a disaster. The Federal Emergency Management Agency (FEMA), the Stafford Act and the National Response Framework (NRF) are discussed in great detail. The third section discusses the ethical imperative, homeland security expenditures, policy and legal changes, wars in Iraq and Afghanistan, and the war veterans. At the end of each chapter, questions and problems refer back to the text. These resources highlight the principal issues and serve as a valuable teaching tool for the instructor. This text provides a firm base of legal knowledge for emergency responders, emergency management professionals, and their attorneys.

The Law of Emergency Powers

The Law of Emergency Powers Book
Author : Abhishek Singhvi,Khagesh Gautam
Publisher : Springer Nature
Release : 2020-10-30
ISBN : 9811529973
Language : En, Es, Fr & De

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Book Description :

This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

States of Emergency and the Law

States of Emergency and the Law Book
Author : M. Ehteshamul Bari
Publisher : Routledge
Release : 2017-07-06
ISBN : 1351685910
Language : En, Es, Fr & De

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Book Description :

In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution’s provisions concerning the proclamation of emergency,suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers.

Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations

Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations Book
Author : Institute of Medicine,Board on Health Sciences Policy,Committee on Guidance for Establishing Standards of Care for Use in Disaster Situations
Publisher : National Academies Press
Release : 2009-10-23
ISBN : 0309144302
Language : En, Es, Fr & De

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Book Description :

The influenza pandemic caused by the 2009 H1N1 virus underscores the immediate and critical need to prepare for a public health emergency in which thousands, tens of thousands, or even hundreds of thousands of people suddenly seek and require medical care in communities across the United States. Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations draws from a broad spectrum of expertise--including state and local public health, emergency medicine and response, primary care, nursing, palliative care, ethics, the law, behavioral health, and risk communication--to offer guidance toward establishing standards of care that should apply to disaster situations, both naturally occurring and man-made, under conditions in which resources are scarce. This book explores two case studies that illustrate the application of the guidance and principles laid out in the report. One scenario focuses on a gradual-onset pandemic flu. The other scenario focuses on an earthquake and the particular issues that would arise during a no-notice event. Outlining current concepts and offering guidance, this book will prove an asset to state and local public health officials, health care facilities, and professionals in the development of systematic and comprehensive policies and protocols for standards of care in disasters when resources are scarce. In addition, the extensive operations section of the book provides guidance to clinicians, health care institutions, and state and local public health officials for how crisis standards of care should be implemented in a disaster situation.

A Legal Guide to Homeland Security and Emergency Management for State and Local Governments

A Legal Guide to Homeland Security and Emergency Management for State and Local Governments Book
Author : Ernest B. Abbott
Publisher : American Bar Association
Release : 2005
ISBN : 9781590315934
Language : En, Es, Fr & De

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Book Description :

This book provides a number of windows into homeland security and emergency management law - covering both the basic structure of the homeland security and emergency management system and presenting detailed analysis of specific areas (such as applying for federal preparedness funds, negotiating intergovernmental agreements, applying for disaster assistance, and managing the impact of catastrophic events).

The Constitution of Law

The Constitution of Law Book
Author : David Dyzenhaus
Publisher : Cambridge University Press
Release : 2006-10-05
ISBN : 1139460501
Language : En, Es, Fr & De

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Book Description :

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Empire Emergency and International Law

Empire  Emergency and International Law Book
Author : John Reynolds
Publisher : Cambridge University Press
Release : 2017-08-10
ISBN : 1107172519
Language : En, Es, Fr & De

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Book Description :

This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Law in Times of Crisis

Law in Times of Crisis Book
Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Release : 2006-10-30
ISBN : 1139457756
Language : En, Es, Fr & De

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Book Description :

The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.

Legal Aspects of Emergency Services

Legal Aspects of Emergency Services Book
Author : Gregory West
Publisher : Jones & Bartlett Publishers
Release : 2021-05-05
ISBN : 1284227979
Language : En, Es, Fr & De

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Book Description :

"Legal Aspects of Emergency Services is designed to provide responders with some basic legal knowledge so that, when faced with a legal quandary, they may remember the core principles discussed throughout this book and recognize the need to seek qualified legal advice. The law affects everything responders do in their daily activity, especially when functioning as an agent of a fire or EMS department. Fire fighters are calculated risk takers. They risk a lot to save a lot, and conversely risk nothing to save nothing, and they often find themselves operating within the gray area of those two extremes. Having an understanding of the law as it applies in different situations allows the prudent fire fighter, EMT, supervisor, manager or officer to manage legal exposure. There are times when it may be necessary to assume greater legal risk because it is the right thing to do. There are other times when a legal risk is not worth any potential benefit. As a result, it is important for those in fire and EMS disciplines to have a passing knowledge of the law and how it affects them in their profession"--

The Law of Emergencies

The Law of Emergencies Book
Author : Nan D. Hunter
Publisher : Butterworth Heinemann
Release : 2009
ISBN : 9781856175470
Language : En, Es, Fr & De

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Book Description :

The Law of Emergencies introduces the American legal system as it interacts with emergency management and public health issues. Hunter engages with and debates some of the most important Constitutional issues of our time, such as the tension between civil liberties and national security. She also shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations. It analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. It includes primary texts, reader-friendly expository explanation, and sample discussion questions. Prior knowledge of the law is not necessary in order to use and understand this book. The contents are organized into 13 substantive chapters plus two additional chapters with problem sets. This makes it especially easy to use for a separate course focused on law. This book satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. It features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. * Features case studies of high-risk scenarios including pandemic flu * Offers extensive analysis of legal issues from a distinguished scholar, together with charts and text boxes for clarification * Teaches readers how to think about issues crucial to the life and liberty of US citizens, including the limits of constitutional authority

The Constitution of the Environmental Emergency

The Constitution of the Environmental Emergency Book
Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Release : 2018-04-19
ISBN : 1509920285
Language : En, Es, Fr & De

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Book Description :

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Emergencies and the Limits of Legality

Emergencies and the Limits of Legality Book
Author : Victor V. Ramraj
Publisher : Cambridge University Press
Release : 2012-01-12
ISBN : 9781107403901
Language : En, Es, Fr & De

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Book Description :

Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis.

Permanent States of Emergency and the Rule of Law

Permanent States of Emergency and the Rule of Law Book
Author : Alan Greene
Publisher : Bloomsbury Publishing
Release : 2018-04-05
ISBN : 1509906169
Language : En, Es, Fr & De

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Book Description :

Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

Permanent State of Emergency

Permanent State of Emergency Book
Author : Ryan Alford
Publisher : McGill-Queen's Press - MQUP
Release : 2017-05-05
ISBN : 0773549196
Language : En, Es, Fr & De

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Book Description :

An objective and unflinching analysis of the destruction of America's constitutional order and the creation of an elective dictatorship.

Emergency Politics

Emergency Politics Book
Author : Bonnie Honig
Publisher : Princeton University Press
Release : 2011-08-28
ISBN : 0691152594
Language : En, Es, Fr & De

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Book Description :

This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.

The Rule of Law and Emergency in Colonial India

The Rule of Law and Emergency in Colonial India Book
Author : Haruki Inagaki
Publisher : Springer Nature
Release : 2021-10-09
ISBN : 3030736636
Language : En, Es, Fr & De

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Book Description :

This book takes a closer look at colonial despotism in early nineteenth-century India and argues that it resulted from Indians’ forum shopping, the legal practice which resulted in jurisdictional jockeying between an executive, the East India Company, and a judiciary, the King’s Court. Focusing on the collisions that took place in Bombay during the 1820s, the book analyses how Indians of various descriptions—peasants, revenue defaulters, government employees, merchants, chiefs, and princes—used the court to challenge the government (and vice versa) and demonstrates the mechanism through which the lawcourt hindered the government’s indirect rule, which relied on local Indian rulers in newly conquered territories. The author concludes that existing political anxiety justified the East India Company’s attempt to curtail the power of the court and strengthen their own power to intervene in emergencies through the renewal of the company’s charter in 1834. An insightful read for those researching Indian history and judicial politics, this book engages with an understudied period of British rule in India, where the royal courts emerged as sites of conflict between the East India Company and a variety of Indian powers.

Emergency Powers in Asia

Emergency Powers in Asia Book
Author : Victor V. Ramraj,Arun K. Thiruvengadam
Publisher : Cambridge University Press
Release : 2010
ISBN : 052176890X
Language : En, Es, Fr & De

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Book Description :

What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

The Jurisprudence of Emergency

The Jurisprudence of Emergency Book
Author : Nasser Hussain
Publisher : University of Michigan Press
Release : 2019-08-02
ISBN : 0472037536
Language : En, Es, Fr & De

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Book Description :

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.