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Full-Text Articles in Law

Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave Oct 2006

Property Lessons In August Wilson's The Piano Lesson And The Wake Of Hurricane Katrina, Rachel A. Van Cleave

Publications

No abstract provided.


Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter Sep 2006

Horizontal Political Externalities: The Supply And Demand Of Disaster Management, Ben Depoorter

Ben Depoorter

This Article discusses the dynamics of shared political accountability and provides a supply- and demand-side analysis of disaster management. Because multiple levels of government share political accountability in national scale disasters, disaster management is subject to a collective action problem. Introducing the concept of horizontal political externalities, this Article explains the shortcomings of disaster management in terms of asymmetric political accountability costs for ex ante preparedness and ex post relief. In the presence of shared accountability, investments in prevention and relief by one government actor confer positive externalities upon other government actors by reducing the overall chance of being held …


Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick Sep 2006

Is Looting Ever Justified?: An Analysis Of Looting Laws And The Applicability Of The Necessity Defense During Natural Disasters And States Of Emergency, Stephanie J. Hamrick

Nevada Law Journal

No abstract provided.


Post-Katrina New Orleans: The Strangely Vacant Article Ii Actor Denying Or Delaying Right Or Justice, Cynthia A. Drew Jul 2006

Post-Katrina New Orleans: The Strangely Vacant Article Ii Actor Denying Or Delaying Right Or Justice, Cynthia A. Drew

ExpressO

Because this work is not literature but at its most essential is a mirror of the conundrum presented by the rapidly approaching moment of Constitutional politics in our present American national life, that mirror perforce shows but a pastiche, a mosaic not yet complete, a jigsaw puzzle whose pieces keep shifting in space before they can be placed. As yet no “final answer” has appeared on any horizon to the dilemmas posed by the consequences of the Presidential actions analyzed in the Leitmotif -- particularly the decidedly non-heroic failures to act that had such lethal consequences for so many of …


Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee Jul 2006

Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee

Faculty Scholarship

This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended consequences. Human influence must be considered a source of collateral risk, the kind that leads to a systemic crisis or exacerbates one. This essay concludes with some brief proposals, discussion topics more than completed ideas, which may facilitate further academic and political dialogue on effective governance and public risk management. They include a catastrophe tax, …


Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee Jul 2006

Catastrophic Risk And Governance After Hurricane Katrina: A Postscript To Terrorism Risk In A Post-9/11 Economy, Robert J. Rhee

UF Law Faculty Publications

This essay inquires into the political economy and system of governance that have made catastrophes more frequent and severe. The system of governance that is designed to mitigate risk and respond to catastrophes can be ineffective, or worse, increase the risk of harm through unintended consequences. Human influence must be considered a source of collateral risk, the kind that leads to a systemic crisis or exacerbates one. This essay concludes with some brief proposals, discussion topics more than completed ideas, which may facilitate further academic and political dialogue on effective governance and public risk management. They include a catastrophe tax, …


The Color Of Katrina: A Proposal To Allow Disparate Impact Environmental Claims, Rachael Moshman, John Hardenbergh Jan 2006

The Color Of Katrina: A Proposal To Allow Disparate Impact Environmental Claims, Rachael Moshman, John Hardenbergh

Sustainable Development Law & Policy

No abstract provided.


Katrina And The Rhetoric Of Federalism, Christina E. Wells Jan 2006

Katrina And The Rhetoric Of Federalism, Christina E. Wells

Faculty Publications

The public's desire to assign blame for government's inadequate response to Hurricane Katrina has largely focused on the federal government's slow and seemingly inept response to the storm. In their own defense, federal officials cast federalism--the system that divides power among federal, state, and local governments--as the main culprit underlying their inadequate response to hurricane victims. Had power and authority not been split among three different units of government, the argument goes, the federal government might have been able to act more quickly to save lives and prevent suffering. In effect, federal authorities claim to have been hamstrung by a …


New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan Jan 2006

New Orleans, The Chesapeake, And The Future Of Environmental Assessment: Overcoming The Natural Resources Law Of Unintended Consequences, Erin Ryan

Scholarly Publications

This is a tale of two disappearing wetlands - those surrounding Louisiana's Gulf Coast and those fringing the Chesapeake Bay - each providing new insight into the old quandary of unintended consequences that lies at the center of natural resource management. Louisiana's losses follow three hundred years of natural resource engineering to accomplish effective flood control along the Mississippi River, while the Chesapeake losses follow implementation of among the most meticulous wetlands-protection programs of its time. And yet, New Orleans suffered a catastrophic flood, and Chesapeake wetlands continue to disappear. How could this happen? Call it the "Natural Resources Law …


Social Psychology, Calamities, And Sports Law, Michael Mccann Jan 2006

Social Psychology, Calamities, And Sports Law, Michael Mccann

Law Faculty Scholarship

This Article examines the role of situational pressures, fundamental attribution errors, and legal frameworks in how professional sports actors respond to the threat and occurrence of calamities. Both natural and manmade threats to American health are likely to rise over the next decade. Such threats may include catastrophic weather, natural disasters, terrorist attacks, and communicable disease pandemics. In response to these threats, professional sports leagues, professional athletes, fans, and media might engage in unprecedented behavior. Consider, for instance, increasingly-devastating weather patterns, and how they might animate leagues to relocate franchises to cities with more favorable forecasts. The same outcome might …