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States of Emergency and the Law

States of Emergency and the Law
Author: M. Ehteshamul Bari
Publisher: Taylor & Francis
Total Pages: 282
Release: 2017-07-06
Genre: Law
ISBN: 1351685929

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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


EMERGENCY RESPONSE AND EMERGENCY MANAGEMENT LAW

EMERGENCY RESPONSE AND EMERGENCY MANAGEMENT LAW
Author: William C. Nicholson
Publisher: Charles C Thomas Publisher
Total Pages: 469
Release: 2013-12-01
Genre: Law
ISBN: 0398088330

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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.


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

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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.


A Legal Guide to Homeland Security and Emergency Management for State and Local Governments

A Legal Guide to Homeland Security and Emergency Management for State and Local Governments
Author: Ernest B. Abbott
Publisher: American Bar Association
Total Pages: 316
Release: 2005
Genre: Law
ISBN: 9781590315934

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This book provides a number of windows into homeland security and emergency management law - covering both the basic structure of the homeland security and emergency management system and presenting detailed analysis of specific areas (such as applying for federal preparedness funds, negotiating intergovernmental agreements, applying for disaster assistance, and managing the impact of catastrophic events).


Permanent States of Emergency and the Rule of Law

Permanent States of Emergency and the Rule of Law
Author: Alan Greene
Publisher: Bloomsbury Publishing
Total Pages: 367
Release: 2018-04-05
Genre: Law
ISBN: 1509906169

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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 National Emergencies Act (Public Law 94-412)

The National Emergencies Act (Public Law 94-412)
Author: United States. Congress. Senate. Committee on Government Operations
Publisher:
Total Pages: 378
Release: 1976
Genre: Executive power
ISBN:

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Permanent State of Emergency

Permanent State of Emergency
Author: Ryan Alford
Publisher: McGill-Queen's Press - MQUP
Total Pages: 333
Release: 2017-06-01
Genre: Political Science
ISBN: 0773549218

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In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.


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

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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.


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

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


Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency

Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency
Author: United States. Congress. Senate. Special Committee on the Termination of the National Emergency
Publisher:
Total Pages: 632
Release: 1973
Genre: War and emergency powers
ISBN:

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