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Denis Binder

Katrina

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Articles 1 - 3 of 3

Full-Text Articles in Law

Emergency Action Plans: A Legal And Practical Blueprint Failing To Plan Is Planning To Fail, Denis Binder Dec 2001

Emergency Action Plans: A Legal And Practical Blueprint Failing To Plan Is Planning To Fail, Denis Binder

Denis Binder

The tragedies of 9/11, Katrina and Rita raised major problems with emergency responses, which did not proceed according to plan. Emergency action plans (EAP's) are a relatively new phenomenon, but the legal principles governing them are based in long-established rules of negligence. Statutes, regulations, and professional standards often require the preparation of emergency action plans (EAP's) to facilitate the response, recovery, and rebuilding efforts when a disaster occurs. The tragic events of 9/11 prompted an article, published by the University of Pittsburg Law Review (63 U. Pitt. L. Rev. 791) three years ago. It laid out the legal issues invoved …


Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder Dec 1995

Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder

Denis Binder

Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …


Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder Dec 1995

Act Of God? Or Act Of Man?: A Reappraisal Of The Act Of God Defense In Tort Law, Denis Binder

Denis Binder

Hurricane Kartrina and similar natural disasters raise significant legal issues. Potentially liable parties quickly invoke the common law Act of God doctrine as a limitation on liability. However, the defense is severely restricted in its application. For example, the common law held it was inapplicable when an Act of God coalesced with an Act of Man, in other words human negligence, to cause injury. This article analyzes the traditional Act of God defense while positing that most large scale natural disasters entail human errors, such as in design, construction, operations, maintenance, inspection, regulation, or preparation or response to an emergency. …