Skip to main content

The Law Of Emergencies

In Order to Read Online or Download The Law Of Emergencies Full eBooks in PDF, EPUB, Tuebl and Mobi you need to create a Free account. Get any books you like and read everywhere you want. Fast Download Speed ~ Commercial & Ad Free. We cannot guarantee that every book is in the library!

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

GET BOOK

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

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

GET BOOK

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.

Emergencies and the Limits of Legality

Emergencies and the Limits of Legality Book
Author : Victor V. Ramraj
Publisher : Cambridge University Press
Release : 2008-11-13
ISBN : 9780521895996
Language : En, Es, Fr & De

GET BOOK

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.

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

GET BOOK

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.

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

GET BOOK

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.

Emergencies in Public Law

Emergencies in Public Law Book
Author : Karin Loevy
Publisher : Cambridge University Press
Release : 2016-03-11
ISBN : 1316592138
Language : En, Es, Fr & De

GET BOOK

Book Description :

Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.

Studyguide for the Law of Emergencies Public Health and Disaster Management by Nan D Hunter ISBN 9781856175470

Studyguide for the Law of Emergencies  Public Health and Disaster Management by Nan D  Hunter  ISBN 9781856175470 Book
Author : Cram101 Textbook Reviews
Publisher : Cram101
Release : 2013-01-01
ISBN : 9781490273440
Language : En, Es, Fr & De

GET BOOK

Book Description :

Never HIGHLIGHT a Book Again! Virtually all of the testable terms, concepts, persons, places, and events from the textbook are included. Cram101 Just the FACTS101 studyguides give all of the outlines, highlights, notes, and quizzes for your textbook with optional online comprehensive practice tests. Only Cram101 is Textbook Specific. Accompanys: 9781856175470 9780080949796 .

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

GET BOOK

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.

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

GET BOOK

Book Description :

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

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

GET BOOK

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.

Emergency Politics

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

GET BOOK

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 Law and Emergencies

The Law and Emergencies Book
Author : Rachel I. Weiss,Karen L. McKie,Richard A. Goodman
Publisher : Unknown
Release : 2007
ISBN : 0987650XXX
Language : En, Es, Fr & De

GET BOOK

Book Description :

Download The Law and Emergencies book written by Rachel I. Weiss,Karen L. McKie,Richard A. Goodman, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

Psychiatric Emergencies and the Law

Psychiatric Emergencies and the Law Book
Author : F. E. Kenyon
Publisher : Butterworth-Heinemann
Release : 2013-09-11
ISBN : 1483193276
Language : En, Es, Fr & De

GET BOOK

Book Description :

Psychiatric Emergencies and the Law: The Impact of the Mental Health Act (1959) presents the changes made before and after the implementation of the Mental Health Act of 1959. It discusses the procedures for admitting patients with mental disorder. It addresses the practical implications of such policy in the administration of psychiatric hospitals serving the City. Some of the topics covered in the book are the Lunacy Act of 1890 and 1845; the main provisions of the Mental Health Act of 1959; method of investigation; source of referral by legal status; legal status on admission; psychiatric history; readmission rate; and legal status of transfers to mental hospitals. Types of admission such as the informal admission, emergency admission, and police admission are fully covered. The admission of adolescent, geriatric, alcoholic, drug addict, and psychopathic patients are discussed in detail. The text describes in depth the subnormals, schizophrenics, and manic-depressives. The number of deaths in the psychiatric ward is presented completely. A chapter is devoted to the analysis of the statistical data on the number of patient base on gender, age, nationality, and social status. The book can provide useful information to psychologists, doctors, students, and researchers.

Outside the Law

Outside the Law Book
Author : Clement Fatovic,Associate Professor of Politics and International Relations Clement Fatovic
Publisher : JHU Press
Release : 2009-09-30
ISBN : 0801893623
Language : En, Es, Fr & De

GET BOOK

Book Description :

The origins of presidential claims to extraconstitutional powers during national crises are contentious points of debate among constitutional and legal scholars. The Constitution is silent on the matter, yet from Abraham Lincoln's suspension of habeas corpus during the Civil War to George W. Bush's creation of the "enemy combatants" label, a number of presidents have invoked emergency executive power in defense of actions not specifically endorsed in the Constitution or granted by Congress. Taking up the debate, Clement Fatovic digs into the intellectual history of the nation's founding to argue that the originators of liberal constitutional theory explicitly endorsed the use of extraordinary, extralegal measures to deal with genuine national emergencies. He traces the evolution of thought on the matter through the writings of John Locke, David Hume, William Blackstone, and the founding fathers, finding in them stated support for what Locke termed "prerogative," tempered by a carefully construed concept of public-oriented virtues. Fatovic maintains that the founders believed that moral character and republican decency would restrain the president from abusing this grant of enhanced authority and ensure that it remained temporary. This engaging, carefully considered survey of the conceptions of executive power in constitutional thought explains how liberalism's founders attempted to reconcile the principles of constitutional government with the fact that some circumstances would demand that an executive take normally proscribed actions. Scholars of liberalism, the American founding, and the American presidency will find Fatovic's reasoned arguments against the conventional wisdom enlightening. -- Ernest B. Abbott

Human Rights in Emergencies

Human Rights in Emergencies Book
Author : Evan J. Criddle
Publisher : Cambridge University Press
Release : 2016-07-21
ISBN : 1316688178
Language : En, Es, Fr & De

GET BOOK

Book Description :

Public emergencies such as civil wars, natural disasters, and economic crises test the theoretical and practical commitments of international human rights law. During national crises, international law permits states to suspend many human rights protections in order to safeguard national security. States frequently overstep the limits of this authority, violating even peremptory human rights such as the prohibitions against torture and prolonged arbitrary detention. In this volume, leading scholars from law, philosophy and political science grapple with challenging questions concerning the character, scope, and salience of international human rights, and they explain how the law seeks to protect human rights during emergencies. The contributors also evaluate the law's successes and failures, and offer new proposals for strengthening respect for human rights.

Emergency Law

Emergency Law Book
Author : Saskia Hufnagel,Kent Roach
Publisher : Ashgate Publishing
Release : 2012
ISBN : 9781409443537
Language : En, Es, Fr & De

GET BOOK

Book Description :

The essays selected for this volume provide a comprehensive overview of the philosophical, ethical, historical, legal and practical issues in the diverse field of emergency law. The volume reveals legislative trends in the field, provides insight into civilian and military emergency management on the ground and the frequently reoccurring legal challenges and compares different national approaches to emergency law and emergency management.

Emergency Care and the Law

Emergency Care and the Law Book
Author : Marguerite R. Mancini,Alice T. Gale
Publisher : Aspen Publishers
Release : 1981
ISBN : 0987650XXX
Language : En, Es, Fr & De

GET BOOK

Book Description :

Download Emergency Care and the Law book written by Marguerite R. Mancini,Alice T. Gale, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

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

GET BOOK

Book Description :

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

Disaster Law

Disaster Law Book
Author : Kristian Cedervall Lauta
Publisher : Routledge
Release : 2014-09-15
ISBN : 131796439X
Language : En, Es, Fr & De

GET BOOK

Book Description :

Disasters and their management are today central to public and political agendas. Rather than being understood as exclusively acts of God and Nature, natural disasters are increasingly analysed as social vulnerability exposed by natural hazards. A disaster following an earthquake is no longer seen as caused exclusively by tremors, but by poor building standards, ineffective response systems, or miscommunications. This book argues that the shift in how a disaster is spoken of and managed affects fundamental notions of duty, responsibility and justice. The book considers the role of law in disasters and in particular the regulation of disaster response and the allocation of responsibility in the aftermath of disasters. It argues that traditionally law has approached emergencies, including natural disasters, from a dichotomy of normalcy and emergency. In the state of emergency, norms were replaced by exceptions; democracy by dictatorship; and rights by necessity. However, as the disaster becomes socialized the idea of a clear distinction between normalcy and emergency crumbles. Looking at international and domestic legislation from a range of jurisdictions the book shows how natural disasters are increasingly normalized and increasingly objects of legal regulation and interpretation. The book will be of great use and interest to scholars and researchers of legal theory, and natural hazards and disasters.

Emergency Powers in Australia

Emergency Powers in Australia Book
Author : H. P. Lee,Michael W. R. Adams,Colin Campbell,Patrick Emerton
Publisher : Cambridge University Press
Release : 2018-11-30
ISBN : 1316733106
Language : En, Es, Fr & De

GET BOOK

Book Description :

Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed.