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Author: Nan D. Hunter
Publisher: Butterworth-Heinemann
ISBN: 0128043229
Category : Law
Languages : en
Pages : 435
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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
Author: Nan D. Hunter
Publisher: Butterworth-Heinemann
ISBN: 0128043229
Category : Law
Languages : en
Pages : 435
Get Book Here
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
Author: William C. Nicholson
Publisher: Charles C Thomas Publisher
ISBN: 0398088330
Category : Law
Languages : en
Pages : 469
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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.
Author: Karin Loevy
Publisher: Cambridge University Press
ISBN: 1316592138
Category : Law
Languages : en
Pages : 323
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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.
Author: David Dyzenhaus
Publisher: Cambridge University Press
ISBN: 1139460501
Category : Law
Languages : en
Pages : 9
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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.
Author: ERIC. BLOCK
Publisher:
ISBN: 9780433509554
Category :
Languages : en
Pages :
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Book Description
Author: Abhishek Singhvi
Publisher: Springer Nature
ISBN: 9811529973
Category : Law
Languages : en
Pages : 336
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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.
Author: M. Ehteshamul Bari
Publisher: Taylor & Francis
ISBN: 1351685929
Category : Law
Languages : en
Pages : 282
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Book Description
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: Clement Fatovic
Publisher: JHU Press
ISBN: 0801893623
Category : Law
Languages : en
Pages : 363
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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
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 9781107403901
Category : Law
Languages : en
Pages : 0
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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.
Author: Tanya Telfair LeBlanc, PhD, MS
Publisher: Springer Publishing Company
ISBN: 0826149030
Category : Medical
Languages : en
Pages : 507
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Book Description
"This is a clearly written, easy-to-read first edition on a necessary subject in an ever-changing world of disaster and humanitarian crisis...Not only theoretical, this book is also extremely practical and can be utilized by the various stakeholders involved in public health and emergency response. This book should sit on the shelf of every public health department and be made available for frontline workers and policymakers alike." --Doody's Review Service, 3 stars Public Health Emergencies provides a current overview of public health emergency preparedness and response principles with case studies highlighting lessons learned from recent natural and man-made disasters and emergencies. Designed for graduate and advanced undergraduate public health students, this book utilizes the 10 essential services of public health as performance standards and foundational competencies from the Council on Education for Public Health to assess public health systems. It emphasizes the roles and responsibilities of public health careers in state and local health departments as well as other institutions and clarifies their importance during health-related emergencies in the community. Written by prominent experts, including health professionals and leaders on the frontlines, this textbook provides the framework and lessons for understanding the public health implications of disasters, emergencies, and other catastrophic events, stressing applied understanding for students interested in pursuing public health preparedness roles. Practical in its approach, Part One begins with an introduction to the fundamentals of public health emergency preparedness with chapters on community readiness, all-hazards preparedness design, disaster risk assessments, and emergency operation plans. Part Two covers a range of public health emergency events, including hurricanes, tornadoes, earthquakes, disease outbreaks and pandemics, accidents and chemical contamination, nuclear and radiological hazards, extreme heat events, and water supply hazards. The final part addresses special considerations, such as how the law serves as a foundation to public health actions; preparedness considerations for persons with disabilities, access, and functional needs; children and disasters; and a chapter evaluating emerging and evolving threats. Throughout, chapters convey the roles of front-line, supervisory, and leadership personnel of the many stakeholders involved in preparedness, response, and recovery efforts to demonstrate decision-making in action. Key Features: Provides the fundamentals of public health emergency preparedness and response with detailed case studies of recent natural and man-made disasters Explains the roles of administrators, planners, first responders, and other stakeholders involved in emergency response Covers major disaster planning and preparedness topics such as weather-related emergencies, bioterrorism, infectious disease outbreaks including COVID-19, wildfires, radiological and nuclear exposure, and many more Crosswalks the 10 essential public health services and foundational public health competencies illustrated in case examples Purchase includes digital access for use on most mobile devices or computers
