the law of emergencies

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The Law of Emergencies
Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Release Date : 2017-08-08
ISBN 10 : 0128043229
Pages : 434 pages
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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

The Law of Emergencies
Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Release Date : 2009-06-22
ISBN 10 : 9780080949796
Pages : 408 pages
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The Law of Emergencies discusses the legal framework for disaster response and emergency management. The book engages with and debates some of the most important Constitutional issues of our time, such as the tension between civil liberties and national security. It also examines how the law of emergencies plays out in the context of real life emergencies where individuals often have to make split-second decisions. It analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. This book includes primary texts, reader-friendly expository explanations, 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, making the book especially easy to use for a separate course focused on law. The book leads students through the process of understanding 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. The book also features case studies of high-risk scenarios including pandemic flu, together with charts and text boxes for clarification. This book will be of interest to graduate and undergraduate students studying the major legal principles underlying emergency management and homeland security policy and operations; professionals in EM and HS; and private-sector risk managers. * 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 Law of Emergencies
Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Release Date : 2017-09-01
ISBN 10 : 9780128042755
Pages : 408 pages
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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. Features eight all-new chapters, including a new section on civil unrest Provides a full update, reorganized by type of emergency Includes a section on cross-cutting issues and a new disaster scenario to test concepts Includes a glossary of legal terms to assist those in emergency management programs, as well as a guide to web sites for legal research

EMERGENCY RESPONSE AND EMERGENCY MANAGEMENT LAW
Author : William C. Nicholson
Publisher : Charles C Thomas Publisher
Release Date : 2013-12-01
ISBN 10 : 0398088330
Pages : 468 pages
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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.

Law in Times of Crisis
Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Release Date : 2006-10-30
ISBN 10 : 1139457756
Pages : 329 pages
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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.

Emergencies in Public Law
Author : Karin Loevy
Publisher : Cambridge University Press
Release Date : 2016-03-24
ISBN 10 : 1107123844
Pages : 338 pages
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This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.

The Law of Emergencies
Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Release Date : 2009-06-22
ISBN 10 : 9780080949796
Pages : 408 pages
GET BOOK!

The Law of Emergencies discusses the legal framework for disaster response and emergency management. The book engages with and debates some of the most important Constitutional issues of our time, such as the tension between civil liberties and national security. It also examines how the law of emergencies plays out in the context of real life emergencies where individuals often have to make split-second decisions. It analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. This book includes primary texts, reader-friendly expository explanations, 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, making the book especially easy to use for a separate course focused on law. The book leads students through the process of understanding 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. The book also features case studies of high-risk scenarios including pandemic flu, together with charts and text boxes for clarification. This book will be of interest to graduate and undergraduate students studying the major legal principles underlying emergency management and homeland security policy and operations; professionals in EM and HS; and private-sector risk managers. * 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

Permanent States of Emergency and the Rule of Law
Author : Alan Greene
Publisher : Bloomsbury Publishing
Release Date : 2018-04-05
ISBN 10 : 1509906169
Pages : 208 pages
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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.

The Constitution of Law
Author : David Dyzenhaus
Publisher : Cambridge University Press
Release Date : 2006-10-05
ISBN 10 : 1139460501
Pages : 329 pages
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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
Author : Bonnie Honig
Publisher : Princeton University Press
Release Date : 2011-08-28
ISBN 10 : 0691152594
Pages : 224 pages
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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 Crisis
Author : Pierre Auriel,Olivier Beaud,Carl Wellman
Publisher : Springer
Release Date : 2018-03-17
ISBN 10 : 3319744739
Pages : 251 pages
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This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.

Human Rights in Emergencies
Author : Evan J. Criddle
Publisher : Cambridge University Press
Release Date : 2016-07-21
ISBN 10 : 1107115833
Pages : 302 pages
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This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.