Law Security And The State Of Perpetual Emergency

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Law, Security and the State of Perpetual Emergency

Author : Linda S. Bishai
Publisher : Palgrave Macmillan
ISBN 13 : 9783030449582
Total Pages : 273 pages
Book Rating : 4.4/5 (495 download)

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Book Synopsis Law, Security and the State of Perpetual Emergency by : Linda S. Bishai

Download or read book Law, Security and the State of Perpetual Emergency written by Linda S. Bishai and published by Palgrave Macmillan. This book was released on 2020-07-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law, Security and the State of Perpetual Emergency

Author : Linda S. Bishai
Publisher : Springer Nature
ISBN 13 : 3030449599
Total Pages : 289 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Law, Security and the State of Perpetual Emergency by : Linda S. Bishai

Download or read book Law, Security and the State of Perpetual Emergency written by Linda S. Bishai and published by Springer Nature. This book was released on 2020-06-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Permanent States of Emergency and the Rule of Law

Author : Alan Greene
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906169
Total Pages : 367 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Permanent States of Emergency and the Rule of Law by : Alan Greene

Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene and published by Bloomsbury Publishing. This book was released on 2018-04-05 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foundations of Homeland Security and Emergency Management

Author : Martin J. Alperen
Publisher : John Wiley & Sons
ISBN 13 : 1394191596
Total Pages : 390 pages
Book Rating : 4.3/5 (941 download)

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Book Synopsis Foundations of Homeland Security and Emergency Management by : Martin J. Alperen

Download or read book Foundations of Homeland Security and Emergency Management written by Martin J. Alperen and published by John Wiley & Sons. This book was released on 2024-01-31 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foundations of Homeland Security

Author : Martin J. Alperen
Publisher : John Wiley & Sons
ISBN 13 : 0470934603
Total Pages : 561 pages
Book Rating : 4.4/5 (79 download)

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Book Synopsis Foundations of Homeland Security by : Martin J. Alperen

Download or read book Foundations of Homeland Security written by Martin J. Alperen and published by John Wiley & Sons. This book was released on 2011-03-08 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Security Law, Sixth Edition and Counterterrorism Law, Third Edition

Author : Stephen Dycus
Publisher : Aspen Publishing
ISBN 13 : 1543850588
Total Pages : 175 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis National Security Law, Sixth Edition and Counterterrorism Law, Third Edition by : Stephen Dycus

Download or read book National Security Law, Sixth Edition and Counterterrorism Law, Third Edition written by Stephen Dycus and published by Aspen Publishing. This book was released on 2021-08-13 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Security Law, Sixth Edition and Counterterrorism Law, Third Edition: 2021-2022 Supplement

Homeland Security

Author : Charles P. Nemeth
Publisher : CRC Press
ISBN 13 : 1466510900
Total Pages : 655 pages
Book Rating : 4.4/5 (665 download)

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Book Synopsis Homeland Security by : Charles P. Nemeth

Download or read book Homeland Security written by Charles P. Nemeth and published by CRC Press. This book was released on 2013-02-25 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

National Security Law

Author : Stephen Dycus
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 968 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis National Security Law by : Stephen Dycus

Download or read book National Security Law written by Stephen Dycus and published by Aspen Publishers. This book was released on 1997 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Pandemic Crisis and the European Union

Author : Paulo Vila Maior
Publisher : Routledge
ISBN 13 : 1000470938
Total Pages : 129 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Pandemic Crisis and the European Union by : Paulo Vila Maior

Download or read book The Pandemic Crisis and the European Union written by Paulo Vila Maior and published by Routledge. This book was released on 2021-11-15 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the implications of the COVID-19 pandemic for the European Union (EU), as well as its response in dealing with an overarching, multidimensional crisis with consequences extending beyond public health safety to political, economic, legal, and institutional arenas. It argues the pandemic represents a symmetric crisis cutting across countries with different social, economic and political characteristics and which yet - despite favouring cooperative solutions at the supranational level - has largely been met with initial responses of a national, even local, nature. So, how well did the EU perform as a crisis manager in the pandemic crisis? This book will be of key interest to scholars, students and readers of crisis, pandemic and health management, European Union politics and governance.

State Open Government Law and Practice in a Post-9/11 World

Author : Lucy A. Dalglish
Publisher : Lawyers & Judges Publishing
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis State Open Government Law and Practice in a Post-9/11 World by : Lucy A. Dalglish

Download or read book State Open Government Law and Practice in a Post-9/11 World written by Lucy A. Dalglish and published by Lawyers & Judges Publishing. This book was released on 2007 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Permanent State of Emergency

Author : Ryan Patrick Alford
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773549196
Total Pages : 349 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Permanent State of Emergency by : Ryan Patrick Alford

Download or read book Permanent State of Emergency written by Ryan Patrick Alford and published by McGill-Queen's Press - MQUP. This book was released on 2017 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: An objective and unflinching analysis of the destruction of America's constitutional order and the creation of an elective dictatorship.

Regulating Access and Transfer of Data

Author : Björn Lundqvist
Publisher : Cambridge University Press
ISBN 13 : 1009335162
Total Pages : 269 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Regulating Access and Transfer of Data by : Björn Lundqvist

Download or read book Regulating Access and Transfer of Data written by Björn Lundqvist and published by Cambridge University Press. This book was released on 2023-04-13 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the regulation of data access and transfer to understand how internet users can obtain the data they generate.

Sovereignty, Emergency, Legality

Author : Austin Sarat
Publisher : Cambridge University Press
ISBN 13 : 1139483773
Total Pages : 313 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Sovereignty, Emergency, Legality by : Austin Sarat

Download or read book Sovereignty, Emergency, Legality written by Austin Sarat and published by Cambridge University Press. This book was released on 2010-02-26 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.

Empire, Emergency and International Law

Author : John Reynolds
Publisher : Cambridge University Press
ISBN 13 : 1316781100
Total Pages : 343 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Empire, Emergency and International Law by : John Reynolds

Download or read book Empire, Emergency and International Law written by John Reynolds and published by Cambridge University Press. This book was released on 2017-08-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.

From the American Civil War to the War on Terror

Author : Emily Hartz
Publisher : Springer Science & Business Media
ISBN 13 : 3642326331
Total Pages : 117 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis From the American Civil War to the War on Terror by : Emily Hartz

Download or read book From the American Civil War to the War on Terror written by Emily Hartz and published by Springer Science & Business Media. This book was released on 2012-12-13 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.

Transnational Feminist Perspectives on Terror in Literature and Culture

Author : Basuli Deb
Publisher : Routledge
ISBN 13 : 1317632109
Total Pages : 213 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Transnational Feminist Perspectives on Terror in Literature and Culture by : Basuli Deb

Download or read book Transnational Feminist Perspectives on Terror in Literature and Culture written by Basuli Deb and published by Routledge. This book was released on 2014-11-13 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a transnational feminist response to the gender politics of torture and terror from the viewpoint of populations of color who have come to be associated with acts of terror. Using the War on Terror in Afghanistan and Iraq, this book revisits other such racialized wars in Palestine, Guatemala, India, Algeria, and South Africa. It draws widely on postcolonial literature, photography, films, music, interdisciplinary arts, media/new media, and activism, joining the larger conversation about human rights by addressing the problem of a pervasive public misunderstanding of terrorism conditioned by a foreign and domestic policy perspective. Deb provides an alternative understanding of terrorism as revolutionary dissent against injustice through a postcolonial/transnational lens. The volume brings counter-terror narratives into dialogue with ideologies of gender, race, ethnicity, nationality, class, and religion, addressing the situation of women as both perpetrators and targets of torture, and the possibilities of a dialogue between feminist and queer politics to confront securitized regimes of torture. This book explores the relationship in which social and cultural texts stand with respect to legacies of colonialism and neo-imperialism in a world of transnational feminist solidarities against postcolonial wars on terror.

Security and Defensive Democracy in Israel

Author : Sharon Weinblum
Publisher : Routledge
ISBN 13 : 1317584503
Total Pages : 192 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Security and Defensive Democracy in Israel by : Sharon Weinblum

Download or read book Security and Defensive Democracy in Israel written by Sharon Weinblum and published by Routledge. This book was released on 2015-01-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.