Emergencies in Public Law

Emergencies in Public Law
Author: Karin Loevy
Publisher: Cambridge University Press
Total Pages: 323
Release: 2016-03-11
Genre: Law
ISBN: 1316592138

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 Emergencies

The Law of Emergencies
Author: Nan D. Hunter
Publisher: Butterworth-Heinemann
Total Pages: 435
Release: 2017-08-08
Genre: Law
ISBN: 0128043229

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 and the Limits of Legality

Emergencies and the Limits of Legality
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Total Pages: 0
Release: 2012-01-12
Genre: Law
ISBN: 9781107403901

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.

Legal Aspects of Emergency Services

Legal Aspects of Emergency Services
Author: Gregory West
Publisher: Jones & Bartlett Learning
Total Pages: 387
Release: 2021-10-19
Genre: Technology & Engineering
ISBN: 1284235580

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.

Legal Considerations for Fire and Emergency Services, 3rd Edition

Legal Considerations for Fire and Emergency Services, 3rd Edition
Author: J. Curtis Varone
Publisher: Fire Engineering Books
Total Pages: 728
Release: 2014-09-05
Genre: Technology & Engineering
ISBN: 1593703473

The third edition of Legal Considerations for Fire & Emergency Services is a reader-friendly guide to the challenging legal issues that firefighters and emergency service personnel encounter. Written by J. Curtis Varone, a practicing attorney as well as an experienced firefighter, this book explores such key topics as fire department liability, search and seizure, sovereign immunity, overtime laws, collective bargaining, OSHA compliance, workers’ compensation, physical abilities testing, medical examinations, drug testing, discrimination, and sexual harassment. It is a perfect textbook for any course on fire service law as well as an indispensable desk reference for day-to-day fire department administration. Features of the new 3rd Edition: • Updated cases on several topics including residency requirements, employment discrimination, and more • Expanded treatment of hot topics such as digital imagery, social media, and electronic surveillance • Meets the latest requirements for FESHE’s Legal Aspects of the Fire Service curriculum • Many new photos and graphics to help connect cases to day-to-day issues in the fire service • Coverage of recent changes to search and seizure law, use of digital photos and social media by emergency personnel, and fire department liability

Empire, Emergency and International Law

Empire, Emergency and International Law
Author: John Reynolds
Publisher: Cambridge University Press
Total Pages: 343
Release: 2017-08-10
Genre: Law
ISBN: 1107172519

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

Constitutionalism Under Extreme Conditions

Constitutionalism Under Extreme Conditions
Author: Richard Albert
Publisher: Springer Nature
Total Pages: 445
Release: 2020-09-24
Genre: Law
ISBN: 3030490009

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Law in Times of Crisis

Law in Times of Crisis
Author: Oren Gross
Publisher: Cambridge University Press
Total Pages: 48
Release: 2006-10-30
Genre: Political Science
ISBN: 1139457756

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.

Emergency Powers in Asia

Emergency Powers in Asia
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Total Pages: 531
Release: 2010
Genre: Law
ISBN: 052176890X

What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Global Anti-Terrorism Law and Policy

Global Anti-Terrorism Law and Policy
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Total Pages: 703
Release: 2012-01-12
Genre: Law
ISBN: 1139505246

Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.