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Author: Linda S. Bishai Publisher: Springer Nature ISBN: 3030449599 Category : Political Science Languages : en Pages : 289
Book Description
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
Author: Linda S. Bishai Publisher: Springer Nature ISBN: 3030449599 Category : Political Science Languages : en Pages : 289
Book Description
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
Author: Linda S. Bishai Publisher: Palgrave Macmillan ISBN: 9783030449582 Category : Political Science Languages : en Pages : 273
Book Description
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
Author: Alan Greene Publisher: Bloomsbury Publishing ISBN: 1509906169 Category : Law Languages : en Pages : 367
Book Description
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.
Author: Martin J. Alperen Publisher: John Wiley & Sons ISBN: 1394191596 Category : Political Science Languages : en Pages : 390
Book Description
Complete guide to understanding homeland security law, with an extensive index and with exhaustive references and related links throughout The newly revised and updated Third Edition of Foundations of Homeland Security and Emergency Management enables readers to develop a conceptual understanding of the legal foundations of homeland security and emergency management (HSEM) by presenting the primary source law and policy documents we have established to address "all hazards," both terrorism and natural disasters. The book demonstrates that HSEM involves many specialties and that it must be viewed expansively and in the long-term. The Third Edition has more sources than previous editions and is streamlined with fewer long quotations. It highlights only those portions of the various documents and statutes necessary to provide the reader an understanding of what the law is designed to accomplish. Foundations of Homeland Security and Emergency Management includes information on: WMD, now expanded to include Pandemic Laws Political extremism, domestic threats, Posse Comitatus Act, and Insurrection Act Space Law, comparative Drone Law with Japan, HSEM in Puerto Rico Homeland Security Legal Architecture before 9/11 Ethical, Legal, and Social Issues in Homeland Security Critical Infrastructure Protection, Resiliency, and Culture of Preparedness With its accessible format, plethora of primary source documentation, and comprehensive coverage of the subject, this book is an essential resource for professionals and advanced students in law enforcement, national and homeland security, emergency management, intelligence, and critical infrastructure protection.
Author: Oren Gross Publisher: Cambridge University Press ISBN: 1139457756 Category : Political Science Languages : en Pages : 48
Book Description
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: Martin J. Alperen Publisher: John Wiley & Sons ISBN: 0470934603 Category : Political Science Languages : en Pages : 561
Book Description
This book is the complete guide to understanding the structure of homeland security – its underlying law and policy. Created from a broad and in depth, yet edited collection of statutes, policy papers, presidential directives, and other documents, it cultivates a detailed understanding of the foundations of homeland security. It is arranged in a topic-by-topic format structured to include only the documents and statues that affect a particular subject, making for much easier understanding. Thus, the chapter on FEMA contains only the portions of the statutes and other documents that relate to FEMA. There are twenty-five topic areas. It contains hundreds of end notes, references, and suggestions for further study. This book offers important legal guidance that students, law enforcement officers, lawyers, and other homeland security professionals need to accurately interpret, understand, and apply homeland security policy. The Introduction provides an in-depth overview of the subject of homeland security and includes a discussion of what is homeland security, definitions of homeland security and terrorism, what is homeland security law, its development, and what is a homeland security curriculum. There are contributing chapters about homeland security in Europe, and homeland security in China and Japan.
Author: Charles P. Nemeth Publisher: CRC Press ISBN: 1466510900 Category : Computers Languages : en Pages : 655
Book Description
Homeland security is a massive enterprise that gets larger by the moment. What was once mostly a TSA/aviation concern has evolved into a multidimensional operation covering a broad array of disciplines. These include critical infrastructure protection, border security, transportation security, intelligence and counterterrorism, emergency management, immigration and naturalization, and public health. Homeland Security: An Introduction to Principles and Practice, Second Edition provides students and practitioners alike with the latest developments on the makeup, organization, and strategic mission of the Department of Homeland Security (DHS). This new edition is fully updated with new laws, regulations, and strategies that reflect changes and developments over the last several years. The book offers unique insights into the various roles of multi-jurisdictional agencies and stakeholders at all levels of government—including law enforcement, the military, the intelligence community, emergency managers, and the private sector. Coverage includes: The history of security threats in the American experience, the events leading up to 9/11, and the formation and evolution of the DHS The legal basis and foundation for the DHS The nature of risk and threat Training and preparatory exercises for homeland security professionals How states and localities can work compatibly with federal policy makers Federal Emergency Management Agency (FEMA) in both the pre- and post-9/11 and post-Katrina world The agencies and entities entrusted with intelligence analysis Issues surrounding border security, immigration, and U.S. citizenship Homeland security practice in the airline, maritime, and mass transit industries—including national, regional, and local rail systems The interplay between public health and homeland security Each chapter contains extensive pedagogy, including learning objectives, informative sidebars, chapter summaries, end-of-chapter questions, web links, and references to aid in comprehension and retention. Homeland Security: An Introduction to Principles and Practice, Second Edition is the only book to provide an objective, balanced perspective on each of the core components that comprise the DHS’s mission and the priorities and challenges that federal and state government agencies continue to face.
Author: Stephen Dycus Publisher: Aspen Publishers ISBN: Category : Law Languages : en Pages : 968
Book Description
This second edition provides a thorough exploration of both constitutional and domestic law issues of national security blended with cases, notes, and questions with a wide range of provocative original material. In four sections, NATIONAL SECURITY LAW, Second Edition, presents a coherent, historically-based review of the legal process concerning United States efforts to defend the nation, from the constitutional assignment of authority To The right of Congress to obtain national security data from the executive. Introductory chapters review the separation of powers among the executive, legislative, and judicial branches of government and introduce the topics of U.S. treaty law And The enforcement of public international law principles in domestic courts. A unit on the use of military force abroad considers 'general' or unlimited war, 'imperfect' or limited conflicts, and 'covert' war the internal security unit addresses domestic use of the military, emergency powers, terrorism And The war on drugs, intelligence surveillance and disruption, and security clearances. Finally, The unit on access to sensitive information covers the Freedom of Information Act, state secrets, press access To The battlefield, censorship, espionage, and related topics. Extensive cross-references and an excellent index are included.The authors incorporate recent developments regarding: The end of the Cold War, The Persian Gulf War, U.S. troops as peacekeepers, reform of the intelligence oversight laws, The rising threat of domestic terrorism, And The continuing controversy over gays in the military. In addition, The second edition features an entirely new chapter on the intersection of domestic and international laws concerning national security, with particular attention To The growing reliance on United Nations authority for U.S. action.
Author: Linda S. Bishai
Author: Linda S. Bishai
Author: Linda S. Bishai
Author: Alan Greene
Author: Martin J. Alperen
Author: Oren Gross
Author: Martin J. Alperen
Author: Stephen Dycus
Author: Martha Roadstrum Moffett
Author: Charles P. Nemeth
Author: Stephen Dycus