Steadily, we work on meeting our prepping goals. They also often share their planned prep activities for the coming week.
Background The authors of this appendix are both law professors and members of the committee. They were included in this study to identify and analyze the many legal issues that surround the technologies and regulatory alternatives currently within the committee's consideration.
In addition to drafting the "Legal Issues" sections for Chapters 2 through 5 and preparing this appendix, the authors attended committee meetings, participated in all aspects of committee fact finding and decision making, and provided advice concerning the legal consequences of the committee's proposals.
Contained within this appendix is a discussion of the legal questions that helped to shape the committee's recommendations and that ultimately must be considered by government policymakers before these proposals are implemented. Scope and Organization The legal issues raised by the broad statement of task for the Committee on Marking, Rendering Inert, and Licensing of Explosive Materials are numerous, complex, and far-reaching.
These issues span a diverse array of legal fields, including criminal law, constitutional law, constitutional criminal procedure, tort law, evidence law, and administrative or regulatory law. The purpose of this legal appendix is to identify, organize, refine, explain, and analyze these issues so as to make clear their role in the viability, feasibility, and practicability assessments offered by the committee in the main text of this report.
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All of the legal issues addressed in this section are framed, however broadly, by the terms of the Terrorism Prevention Act. In accordance with the act, the committee was asked to examine 1 the viability of adding tracer elements to explosives for the purpose of detection, 2 the viability of adding tracer elements to explosives for the purpose of identification, 3 the feasibility and practicability of rendering inert common chemicals used to manufacture explosive materials, and 4 the feasibility and practicability of imposing controls on certain precursor chemicals used to manufacture explosive materials.
These alternative approaches to curbing the terrorist bombing threat create three general types of legal problems.
These categories of legal analysis, in turn, provide a useful taxonomy for addressing the issues raised in this appendix.
First, because a central purpose of these approaches is to catch and prosecute bombers, Page Share Cite Suggested Citation: Containing the Threat from Illegal Bombings: The National Academies Press. Accordingly, the following section of this appendix—entitled "Criminal Prosecutions"—reviews the possible legal obstacles that may inhibit the criminal justice system's use of taggants or precursor controls as instruments for combating terrorism.
Second, any new product, activity, or program that has the potential for causing physical or economic injury to others is bound to raise legal liability concerns.
In theory at least, the technologies and regulatory protocols addressed in the committee's report may have an adverse impact on those who make, distribute, store, sell, use, or are merely "around" controlled, inerted, or tagged explosive materials.
Thus, in the third section denominated "Civil Liability," the analysis seeks to determine, for each approach under consideration, who can sue whom for what, what theories of recovery and defenses are likely to be raised, and whether such lawsuits are likely to be successful.
Finally, since the committee was charged to evaluate the feasibility of regulatory controls for explosive materials or precursor chemicals, the fourth section of this appendix—"Regulation"—analyzes both the constitutionality of such regulatory techniques and the alternative ways in which any new regulatory scheme might interface with the preexisting tort system.
Of course, no study as ambitious as the one undertaken by the committee could possibly cover all the intricate details of all the thorny questions encompassed by it.
Besides raising these regulatory issues, the adoption of tagging or inerting programs may present a host of other legal questions, ranging from insurance coverage to intellectual property protection. These considerations, though not insignificant, are too subtle, speculative, or tangential to warrant extended analysis here.May 6, Thermal Physics (Heat) Thermal Physics (Heat) One World Essay One World Essay Introduction On this essay I am going to investigate about how thermal physics interfere with the construction of railways.
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