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Disaster Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Disaster Law

What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray Jul 2019

What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray

Arkansas Law Review

The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …


An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords Jan 2019

An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords

Touro Law Review

No abstract provided.


Restoring Power: A Law School’S Response To A Superstorm, Melissa H. Luckman, Patricia R. Sturm Jan 2018

Restoring Power: A Law School’S Response To A Superstorm, Melissa H. Luckman, Patricia R. Sturm

Journal of Experiential Learning

No abstract provided.


Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski Jan 2016

Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski

Touro Law Review

No abstract provided.


Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean Mcgrane Jan 2010

Katrina, Federalism, And Military Law Enforcement: A New Exception To The Posse Comitatus Act, Sean Mcgrane

Michigan Law Review

In the days following Hurricane Katrina, as lawlessness and violence spread throughout New Orleans, the White House considered invoking the Insurrection Act so that members of the U.S. military could legally perform law enforcement functions inside the flooded city. This Note contends that the White House's decision not to invoke the Act was substantially driven by federalism concerns-in particular, concerns about intruding on Louisiana's sovereignty. But, this Note further contends, in focusing so heavily on these state sovereignty concerns, the White House largely ignored the other side of the 'federalism coin "-namely, enabling the federal government to act where national …