The Law Of Emergencies


The Law Of Emergencies
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The Law Of Emergencies


The Law Of Emergencies
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Author : Nan D. Hunter
language : en
Publisher: Butterworth-Heinemann
Release Date : 2017-08-08

The Law Of Emergencies written by Nan D. Hunter and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-08 with Business & Economics categories.


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
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Author : Karin Loevy
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-11

Emergencies In Public Law written by Karin Loevy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-11 with Law categories.


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.



The Law Of Emergency Powers


The Law Of Emergency Powers
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Author : Abhishek Singhvi
language : en
Publisher: Springer Nature
Release Date : 2020-10-30

The Law Of Emergency Powers written by Abhishek Singhvi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.


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
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Author : M. Ehteshamul Bari
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-06

States Of Emergency And The Law written by M. Ehteshamul Bari and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Law categories.


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



The Law Of Emergency Powers


The Law Of Emergency Powers
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Author : Abhishek Manu Singhvi
language : en
Publisher:
Release Date : 1986

The Law Of Emergency Powers written by Abhishek Manu Singhvi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with categories.




Emergency Response And Emergency Management Law


Emergency Response And Emergency Management Law
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Author : William C. Nicholson
language : en
Publisher: Charles C Thomas Publisher
Release Date : 2013-12-01

Emergency Response And Emergency Management Law written by William C. Nicholson and has been published by Charles C Thomas Publisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Technology & Engineering categories.


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 In Public Law


Emergencies In Public Law
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Author : Karin Loevy
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-11

Emergencies In Public Law written by Karin Loevy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-11 with Law categories.


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



Emergencies And The Limits Of Legality


Emergencies And The Limits Of Legality
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Author : Victor V. Ramraj
language : en
Publisher: Cambridge University Press
Release Date : 2008-11-13

Emergencies And The Limits Of Legality written by Victor V. Ramraj and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-13 with Law categories.


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.



Emergency Response And Emergency Management Law


Emergency Response And Emergency Management Law
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Author : William C. Nicholson
language : en
Publisher:
Release Date : 2012

Emergency Response And Emergency Management Law written by William C. Nicholson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Emergency management categories.


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.



Emergency Law In Canada


Emergency Law In Canada
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Author : ERIC. BLOCK
language : en
Publisher:
Release Date : 2021

Emergency Law In Canada written by ERIC. BLOCK and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.