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Disaster Law Commons

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Full-Text Articles in Disaster Law

Is The "Act Of God" Dead?, Clifford J. Villa Jul 2017

Is The "Act Of God" Dead?, Clifford J. Villa

Faculty Scholarship

In more than twenty years with the U.S. Environmental Protection Agency (EPA) before joining the legal academy, I saw many communities affected by fires, floods, hurricanes, earthquakes, and other natural disasters. However, I never saw a case where the act of God defense prevailed against environmental liability. Confirming this personal experience, I later learned that the number of reported cases where the act of God defense had prevailed against environmental liability, under all statutes and all federal circuits, was also exactly zero.

This raises two obvious questions: (1) why does the act of God defense so often fail? and (2) …


Operation Disaster Defender: A Multi-Disciplinary Approach To Preserving Access To Justice And Client Property Through Disaster Preparedness, William S. Gribble Jan 2017

Operation Disaster Defender: A Multi-Disciplinary Approach To Preserving Access To Justice And Client Property Through Disaster Preparedness, William S. Gribble

Student Scholarship

For centuries, the legal profession has prided itself on managing the impacts of crises and disasters for our clients. However, as disasters seem to be more commonplace than before, is the legal profession prepared to manage a crisis of its own? With the livelihood of nearly 79,0002 possibly at stake in the United States, shouldn't preparing for a disaster be one of our top priorities as a profession? Additionally, the professional responsibility rules and civil liability will likely not be completely suspended during a disaster. This means that individuals could possibly face discipline or civil liability for failing to prepare …


Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth Jan 2017

Introductory Essay: Catastrophe Thinking, Fast And Slow, Todd A. Wildermuth

Articles

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