Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (21)
- Health Law and Policy (17)
- National Security Law (10)
- Social and Behavioral Sciences (9)
- State and Local Government Law (9)
-
- Law and Society (8)
- Civil Rights and Discrimination (7)
- Criminal Law (7)
- Constitutional Law (6)
- Human Rights Law (6)
- Insurance Law (6)
- Legislation (6)
- Medicine and Health Sciences (6)
- Public Affairs, Public Policy and Public Administration (6)
- Administrative Law (5)
- Emergency and Disaster Management (5)
- Legal Education (5)
- President/Executive Department (5)
- Arts and Humanities (4)
- Immigration Law (4)
- International Law (4)
- Land Use Law (4)
- Law and Economics (4)
- Legal Profession (4)
- Military, War, and Peace (4)
- Natural Resources Law (4)
- Public Health (4)
- Social Welfare Law (4)
- Institution
-
- University of Maryland Francis King Carey School of Law (10)
- Roger Williams University (6)
- Texas A&M University School of Law (5)
- University of Michigan Law School (5)
- Boston University School of Law (4)
-
- Pace University (3)
- University of South Carolina (3)
- University of Washington School of Law (3)
- Vanderbilt University Law School (3)
- American University Washington College of Law (2)
- Barry University School of Law (2)
- California Western School of Law (2)
- Georgia State University College of Law (2)
- Marshall University (2)
- Osgoode Hall Law School of York University (2)
- Southern Methodist University (2)
- The Peter A. Allard School of Law (2)
- University of New Mexico (2)
- University of Pennsylvania Carey Law School (2)
- Wayne State University (2)
- Brigham Young University Law School (1)
- City University of New York (CUNY) (1)
- Columbia Law School (1)
- Cornell University Law School (1)
- Emory University School of Law (1)
- Florida A&M University College of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Montclair State University (1)
- Nova Southeastern University (1)
- Keyword
-
- COVID-19 (10)
- Pandemic (7)
- Natural disasters (6)
- Climate change (5)
- Insurance (5)
-
- Disaster (4)
- Disaster law (4)
- Hurricane Katrina (4)
- Assistance (3)
- Community (3)
- Corporations (3)
- Criminal liability (3)
- Disaster Law (3)
- Disaster relief (3)
- Disaster victims (3)
- Disasters (3)
- FEMA (3)
- Flooding (3)
- Hurricane (3)
- Negligence (3)
- Oil spills (3)
- Recovery (3)
- Regulations (3)
- Resilience (3)
- State (3)
- Vulnerability (3)
- White collar crimes (3)
- Worker safety (3)
- "Deanna Moran" (2)
- "Dena Adler" (2)
- Publication Year
- Publication
-
- Faculty Scholarship (17)
- Articles (10)
- Newsletter (5)
- Faculty Publications (4)
- Elisabeth Haub School of Law Faculty Publications (3)
-
- Homeland Security Publications (3)
- Student Scholarship (3)
- Vanderbilt Law School Faculty Publications (3)
- All Faculty Publications (2)
- All Faculty Scholarship (2)
- Articles & Book Chapters (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Journal Articles and Book Chapters (2)
- Faculty Publications By Year (2)
- Guides to Manuscript Collections (2)
- Law Faculty Research Publications (2)
- Life of the Law School (1993- ) (2)
- Sea Grant Law Fellow Publications (2)
- Articles, Book Chapters, & Popular Press (1)
- Communication Disorders & Special Education Faculty Publications (1)
- Connecticut Law Review (1)
- Cornell Law Faculty Publications (1)
- Court Briefs (1)
- Department of Political Science and Law Faculty Scholarship and Creative Works (1)
- Faculty Articles (1)
- Faculty Works (1)
- Journal Articles (1)
- Journal Publications (1)
- LLM Theses and Essays (1)
- Library Philosophy and Practice (e-journal) (1)
Articles 1 - 30 of 91
Full-Text Articles in Disaster Law
Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, Camila Bustos, Bruni Pizarro, Tabitha Sookdeo
Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, Camila Bustos, Bruni Pizarro, Tabitha Sookdeo
Connecticut Law Review
No abstract provided.
Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, Camila Bustos, Bruni Pizarro, Tabitha Sookdeo
Climate Migration And Displacement: A Case Study Of Puerto Rican Women In Connecticut, Camila Bustos, Bruni Pizarro, Tabitha Sookdeo
Elisabeth Haub School of Law Faculty Publications
The climate crisis is increasingly forcing people to flee their homes, whether internally or across state borders. However, existing international and domestic law does not provide sufficient protection for those forcibly displaced by extreme weather events. In 2021, the Biden administration issued an executive order and subsequently a report on the impact of climate change on migration, which marked a first step in federal policy toward recognition of the nexus between climate change and displacement. At the local level, Connecticut has already become a destination for climate-displaced people. For instance, after Hurricane Maria landed in Puerto Rico in 2017, approximately …
Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene
Disaster Risk In The Carceral State, Saptarishi Bandopadhyay, Joshua R. Coene
Articles & Book Chapters
The overlap between prisoner vulnerability and disasters in the United States is undeniable. During 2020 and 2021, the United States endured a series of natural hazards such as wildfires, floods, and hurricanes, many of which exposed the country’s 2.1 million inmates to additional risks and compounded the danger posed by COVID-19. Yet policymakers and scholars are only beginning to appreciate the centrality and magnitude of disaster risk management for the millions of people currently held in penal institutions around the country. Unsurprisingly, the production of “lessons learned” documents that follow in the aftermath of disasters overlook how prisoner vulnerability is …
Center For Health & Homeland Security Newsletter, Spring 2023
Center For Health & Homeland Security Newsletter, Spring 2023
Newsletter
No abstract provided.
Optimizing Disaster Preparedness Planning For Minority Older Adults: One Size Does Not Fit All, Omolola E. Adepoju, Luz E. Herrera, Minji Chae, Daikwon Han
Optimizing Disaster Preparedness Planning For Minority Older Adults: One Size Does Not Fit All, Omolola E. Adepoju, Luz E. Herrera, Minji Chae, Daikwon Han
Faculty Scholarship
By 2050, one in five Americans will be 65 years and older. The growing proportion of older adults in the U.S. population has implications for many aspects of health including disaster preparedness. This study assessed correlates of disaster preparedness among community-dwelling minority older adults and explored unique differences for African American and Hispanic older adults. An electronic survey was disseminated to older minority adults 55+, between November 2020 and January 2021 (n = 522). An empirical framework was used to contextualize 12 disaster-related activities into survival and planning actions. Multivariate logistic regression models were stratified by race/ethnicity to examine the …
Stress Testing Governance, Rory Van Loo
Stress Testing Governance, Rory Van Loo
Faculty Scholarship
In their efforts to guard against the world’s greatest threats, administrative agencies and businesses have in recent years increasingly used stress tests. Stress tests simulate doomsday scenarios to ensure that the organization is prepared to respond. For example, agencies role-played a deadly pandemic spreading from China to the United States the year before COVID-19, acted out responses to a hypothetical hurricane striking New Orleans months before Hurricane Katrina devastated the city, and required banks to model their ability to withstand a recession prior to the economic downturn of 2020. But too often these exercises have failed to significantly improve readiness …
The Emergency Next Time, Noa Ben-Asher
The Emergency Next Time, Noa Ben-Asher
Elisabeth Haub School of Law Faculty Publications
This Article offers a new conceptual framework to understand the connection between law and violence in emergencies. It is by now well-established that governments often commit state violence in times of national security crisis by implementing excessive emergency measures. The Article calls this type of legal violence “Emergency-Affirming Violence.” But Emergency Violence can also be committed through governmental non-action. This type of violence, which this Article calls, “Emergency-Denying Violence,” has manifested in the crisis of the COVID-19 pandemic.
The Article offers a taxonomy to better understand the phenomenon of Emergency Violence. Using 9/11 and COVID-19 as examples, the Article proposes …
Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez
Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez
Publications
Vulnerability drives disaster law, yet the literature lacks both an overarching analysis of the different aspects of vulnerability and a nuanced examination of the factors that shape disaster outcomes. Though central to disaster law and policy, vulnerability often lurks in the shadows of a disaster, evident only once the worst is past and the bodies have been counted. The COVID-19 pandemic is a notable exception to this historical pattern: from the beginning of the pandemic, it has been clear that the virus poses different risks to different people, depending on vulnerability variables. This most recent pandemic experience thus provides a …
Climate Change As Systemic Risk, Barnali Choudhury
Climate Change As Systemic Risk, Barnali Choudhury
Articles & Book Chapters
Hindsight tells us that COVID-19, thought by former President Trump and others to have come out of nowhere, is more aptly labelled a “gray rhino” event, one that was highly probable and preventable. Indeed, despite considerable evidence of the impending threats of pandemics, for the most part, governments failed to prepare for the pandemic, resulting in wide-scale social and economic losses.
The lessons from COVID-19, however, should remind us of the perils of ignoring gray rhino risks. Nowhere is this more apparent than with climate change, a highly probable, high impact threat that has largely been ignored to date. Despite …
American Punishment And Pandemic, Danielle C. Jefferis
American Punishment And Pandemic, Danielle C. Jefferis
Faculty Scholarship
Many of the sites of the worst outbreaks of the disease caused by the novel coronavirus (COVID-19) are America’s prisons and jails. As of March 2021, the virus has infected hundreds of thousands of incarcerated people and well over two thousand have died as a result contracting the disease caused by the virus. Prisons and jails have been on perpetual lockdowns since the onset of the pandemic, with family visits suspended and some facilities resorting to solitary confinement to mitigate the virus’s spread, thereby exacerbating the punitiveness and harmfulness of incarceration. With the majority of the 2.3 million people incarcerated …
Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski
Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski
Publications and Research
Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …
A Bibliometric Analysis Of Human Trafficking In The Wake Of Natural Disasters, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.
A Bibliometric Analysis Of Human Trafficking In The Wake Of Natural Disasters, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.
Library Philosophy and Practice (e-journal)
This study is based on the bibliometric analysis of research publications that focus on highlighting the interlinkages between natural disasters and human trafficking as its aftermath. The main objectives of the study are to determine the frequency of such publications and also to establish that the problem of trafficking as a result of natural disasters has not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literature written from 2000 to October 2020 were perused. The study consisted of a total of 66 documents which are classified into articles, letters, editorials conference …
Getting Real: The Maryland Healthcare Ethics Committee Network’S Covid‑19 Working Group Debriefs Lessons Learned, Norton Elson, Howard Gwon, Diane Hoffmann, Adam M. Kelmenson, Ahmed Khan, Joanne F. Kraus, Casmir C. Onyegwara, Gail Povar, Fatima Sheikh, Anita J. Tarzian
Getting Real: The Maryland Healthcare Ethics Committee Network’S Covid‑19 Working Group Debriefs Lessons Learned, Norton Elson, Howard Gwon, Diane Hoffmann, Adam M. Kelmenson, Ahmed Khan, Joanne F. Kraus, Casmir C. Onyegwara, Gail Povar, Fatima Sheikh, Anita J. Tarzian
Faculty Scholarship
No abstract provided.
Ashes To Ashes: A Way Home For Climate Change Survivors, Kenneth S. Klein
Ashes To Ashes: A Way Home For Climate Change Survivors, Kenneth S. Klein
Faculty Scholarship
In 2020, the United States suffered a record number of named storms, a record number of storms causing $1 billion or more in damage, a derecho that destroyed much of Iowa’s corn crop, and previously unheard-of levels of wildfire frequency and damage in California, Oregon, and Washington. The effects of climate change are causing a crisis of affordable, available homeowner insurance. As more and more homes in the United States are in high-risk areas for natural catastrophes, insurers increasingly choose not to offer insurance at all in some communities, exclude disaster risks from coverage in others, and dramatically raise prices …
The Social Cost Of Contract, David A. Hoffman, Cathy Hwang
The Social Cost Of Contract, David A. Hoffman, Cathy Hwang
All Faculty Scholarship
When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks? During the COVID-19 pandemic, completing particular contracts—such as following through with weddings, conferences, and other large gatherings—will greatly increase the risk of rapidly spreading disease. A close reading of past cases illustrates that when social hazards sharply increase after formation, courts have sometimes rejected, reformed, and reinterpreted contracts so that parties who breach to reduce external harms are not left holding the bag.
This Essay builds on that observation in making two contributions. Theoretically, it characterizes contracts as bargains …
Law’S Disaster: Heritage At Risk, Sara C. Bronin
Law’S Disaster: Heritage At Risk, Sara C. Bronin
Cornell Law Faculty Publications
Large-scale meteorological and geological events—including hurricanes, tropical storms, tornadoes, floods, blizzards, wildfires, earthquakes, extreme heat, and drought—have many consequences: loss of life, economic catastrophe, and destruction of homes among them. Perhaps less well-known are the threats to the historic and cultural sites that speak to human identity and create a sense of connection across generations. These sites are designated spaces of value, given their historical or cultural significance, and they are preserved to commemorate important moments in the story of the lived human experience. Yet hurricanes can destroy old buildings, especially ones that have not been structurally reinforced. Extreme heat …
It's A Trap!: Responsible Enforcement Of Texas Disaster Evacuation Orders, William S. Gribble
It's A Trap!: Responsible Enforcement Of Texas Disaster Evacuation Orders, William S. Gribble
Student Scholarship
We see emergencies within our lives and communities every day without much fanfare. However, when emergencies impact entire neighborhoods, communities, or regions, they become disasters. Depending on its severity, residents can be forced to flee in search of safety. Texas has had nearly five times the annual average of federal disaster declarations than that of any other state in the union. To manage emergencies and disasters, Texas law affords local governments numerous powers, including the authority to order evacuations. While many states have a single mechanism to enforce evacuation orders, Texas has both a civil (recovery of rescue expenses) and …
Bioethics And Covid-19: The Tension Of Quarantine And Civil Liberties, Jeffrey H. Dobken
Bioethics And Covid-19: The Tension Of Quarantine And Civil Liberties, Jeffrey H. Dobken
NYMC Faculty Publications
The COVID-19 public health response is based on law and concepts developed to address an act of
bioterrorism. In the absence of a specific treatment or vaccine for an identified patient with COVID-19 this is fundamentally a statistical approach to preserve the general healthy population rather than address the needs of the individual patient.
Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter
Legal Requirements For Equitable Design And Implementation Of Flood Buyout Programs In Rhode Island, Sarah Friedman, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Damn It! A Conversation On Being Black, Female, And Marginalized During The Covid-19 Pandemic: Is The World Listening? A Conversation Between Black Female Law Professors, Patricia A. Broussard
Damn It! A Conversation On Being Black, Female, And Marginalized During The Covid-19 Pandemic: Is The World Listening? A Conversation Between Black Female Law Professors, Patricia A. Broussard
Journal Publications
We are African American women with a combined forty-four years in academia. We are professors of law and have seen firsthand how COVID-19 has ravaged African Americans across this country. As we conversed with one another in the Spring of 2020 about what we were witnessing, we began to look through the spectrum of the law and discrimination, and how this novel Coronavirus is laying bare the inequities and inequalities that have been evident for hundreds of years in the Black community. We felt compelled to put pen to paper and document our conversations in an attempt to give a …
Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French
Covid-19 Business Interruption Insurance Losses: The Cases For And Against Coverage, Christopher French
Journal Articles
The financial consequences of the government-ordered shutdowns of businesses across America to mitigate the COVID-19 health crisis are enormous. Estimates indicate that small businesses have lost $255 to $431 billion per month and more than 44 million workers have been laid off. When businesses have requested reimbursement of their business interruption losses from their insurers under business interruption policies, their insurers have denied the claims. The insurance industry also has announced that business interruption policies do not cover pandemic losses, so they intend to fight COVID-19 claims “tooth and nail.” More than 450 lawsuits throughout the country already have been …
On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt
On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt
Faculty Articles
This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …
In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz E. Herrera, Jonel Newman
In Times Of Chaos: Creating Blueprints For Law School Responses To Natural Disasters, Jeffrey R. Baker, Christine E. Cerniglia, Davida Finger, Luz E. Herrera, Jonel Newman
Faculty Scholarship
A recent onslaught of domestic natural disasters created acute, critical needs for legal services for people displaced and harmed by storms and fires. In 2017, Hurricanes Harvey, Irma, Maria and Michael struck much of Texas, Florida, and Puerto Rico, displacing millions from their homes. Wildfires burned throughout California and tested the capacity of pro bono and legal aid systems across the state. In 2018, Hurricane Florence flooded North Carolina, and Hurricane Michael devastated the Florida Panhandle. California again suffered wildfires, the largest and most devastating in recorded history. Natural disasters are both more common and more destructive, the “new abnormal.” …
When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor
When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor
Faculty Scholarship
The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives — and their emergency management law enforcement actors — when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I …
Weathering The Storm: Utilizing Congressional Investigations To Improve National Hurricane Preparedness, Jennifer Safstrom
Weathering The Storm: Utilizing Congressional Investigations To Improve National Hurricane Preparedness, Jennifer Safstrom
Vanderbilt Law School Faculty Publications
During the 2017 hurricane season, three major storms impacted differ- ent regions of the United States. These storms-Hurricanes Harvey, Irma, and Maria-devastated communities in Texas, Florida, and Puerto Rico within the span of a month. These storms were so destructive that the World Meteorological Organization has retired all three storm names, meaning no future hurricane will ever bear the names Harvey, Irma, or Maria again. In response, according to the Government Accountability Office ("GAO"), "19 federal agencies had entered into contracts and obligated over $5.6 billion on those contracts to support efforts related to Hurricanes Harvey, Irma, and Maria" as …
Emotional Appraisals In The Wake Of Hurricanes Harvey And Maria, Olympia Duhart
Emotional Appraisals In The Wake Of Hurricanes Harvey And Maria, Olympia Duhart
Faculty Scholarship
No abstract provided.