The Law Of Emergencies

Author : Nan D. Hunter
Publisher : Butterworth-Heinemann
Page : 434 pages
File Size : 41,7 Mb
Release : 2017-08-08
Category : Business & Economics
ISBN : 9780128043226

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The Law of Emergencies by Nan D. Hunter Pdf

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

Author : Karin Loevy
Publisher : Cambridge University Press
Page : 323 pages
File Size : 44,9 Mb
Release : 2016-03-11
Category : Law
ISBN : 9781316592137

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Emergencies in Public Law by Karin Loevy Pdf

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.

Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Page : 48 pages
File Size : 53,6 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9781139457750

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Law in Times of Crisis by Oren Gross,Fionnuala Ní Aoláin Pdf

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.

Author : ERIC. BLOCK
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 2021
Category : Electronic
ISBN : 0433509554

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EMERGENCY LAW IN CANADA by ERIC. BLOCK Pdf

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
Page : 161 pages
File Size : 55,7 Mb
Release : 2009-09-23
Category : Medical
ISBN : 9780309145480

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Guidance for Establishing Crisis Standards of Care for Use in Disaster Situations by Institute of Medicine,Board on Health Sciences Policy,Committee on Guidance for Establishing Standards of Care for Use in Disaster Situations Pdf

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.

Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
Page : 282 pages
File Size : 46,8 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781351685924

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States of Emergency and the Law by M. Ehteshamul Bari Pdf

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion

Author : Evan J. Criddle
Publisher : Cambridge University Press
Page : 303 pages
File Size : 48,6 Mb
Release : 2016-07-21
Category : Law
ISBN : 9781107115835

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Human Rights in Emergencies by Evan J. Criddle Pdf

This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.

Author : Kristian Cedervall Lauta
Publisher : Routledge
Page : 158 pages
File Size : 47,9 Mb
Release : 2014-09-15
Category : Law
ISBN : 9781317964407

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Disaster Law by Kristian Cedervall Lauta Pdf

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.

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 52,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509920280

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The Constitution of the Environmental Emergency by Jocelyn Stacey Pdf

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.

Author : John Reynolds
Publisher : Cambridge University Press
Page : 343 pages
File Size : 54,8 Mb
Release : 2017-08-10
Category : Law
ISBN : 9781107172517

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Empire, Emergency and International Law by John Reynolds Pdf

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

Author : Victor V. Ramraj
Publisher : Cambridge University Press
Page : 428 pages
File Size : 41,6 Mb
Release : 2008-11-13
Category : Law
ISBN : 0521895995

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Emergencies and the Limits of Legality by Victor V. Ramraj Pdf

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.

Author : Victor V. Ramraj,Michael Hor,Kent Roach,George Williams
Publisher : Cambridge University Press
Page : 703 pages
File Size : 42,7 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781107014671

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Global Anti-Terrorism Law and Policy by Victor V. Ramraj,Michael Hor,Kent Roach,George Williams Pdf

This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.

Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 9 pages
File Size : 46,7 Mb
Release : 2006-10-05
Category : Law
ISBN : 9781139460507

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The Constitution of Law by David Dyzenhaus Pdf

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.

Author : Gregory West
Publisher : Jones & Bartlett Learning
Page : 387 pages
File Size : 50,9 Mb
Release : 2021-04-21
Category : Technology & Engineering
ISBN : 9781284227970

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Legal Aspects of Emergency Services by Gregory West Pdf

Legal Aspects of Emergency Services, Second Edition introduces members of fire and emergency medical services to the legal system in the United States, showing them how various types of laws affect their work in emergency services.

Author : Nasser Hussain
Publisher : University of Michigan Press
Page : 211 pages
File Size : 55,5 Mb
Release : 2019-08-02
Category : History
ISBN : 9780472037537

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The Jurisprudence of Emergency by Nasser Hussain Pdf

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.