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Articles 1 - 7 of 7
Full-Text Articles in Disaster Law
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 Coronavirus Pandemic Shutdown And Distributive Justice: Why Courts Should Refocus The Fifth Amendment Takings Analysis, Timothy M. Harris
The Coronavirus Pandemic Shutdown And Distributive Justice: Why Courts Should Refocus The Fifth Amendment Takings Analysis, Timothy M. Harris
Loyola of Los Angeles Law Review
The 2020 Coronavirus Pandemic and the ensuing shutdown of private businesses—to promote the public’ s health and safety— demonstrated the wide reach of state and local governments’ police power. Many businesses closed and many went bankrupt as various government programs failed to keep their enterprises afloat.
These businesses were shut down to further the national interest in stemming a global pandemic. This is an archetypal example of regulating for the public health—preventing a direct threat that sickened hundreds of thousands of Americans. But some businesses were disproportionately hit while others flourished. Many who bore the brunt of these regulations sued, …
The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
Articles
Catastrophes from severe weather are perhaps the costliest accidents humanity faces. While we are still a long way from technologies that would abate the destructive force of storms, there is much we can do to reduce their effect. True, we cannot regulate the weather, but through smart governance and correct incentives we can influence human exposure to the risk of bad weather. We may not be able to control wind or storm surge, but we can prompt people to build sturdier homes with stronger roofs far from floodplains. We call these catastrophes "natural disasters," but they are the result of …
Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises, Peter Maggiore
Michigan Telecommunications & Technology Law Review
In a sense, social media has become the ideal manifestation of the "Marketplace of Ideas" (hereinafter "Marketplace") that Chief Justice Oliver Wendell Holmes articulated. The Marketplace concept will be discussed in greater detail below, but in brief, it is the theory that truth will surface over falsehoods when all opinions and ideas are freely expressed, because the value or worth of that opinion or idea will be determined on the market of public opinion. Part I of this Note will examine the Marketplace concept through the works of various legal and philosophical theorists. Chief among them is Frederick Schauer's work …
Fast Food: Regulating Emergency Food Aid In Sudden-Impact Disasters, David Fisher
Fast Food: Regulating Emergency Food Aid In Sudden-Impact Disasters, David Fisher
Vanderbilt Journal of Transnational Law
A rich and varied literature has grown up around food aid,' in particular with regard to its use as a development tool, in response to slow-onset disasters (such as droughts and desertification), and in armed conflicts. Given that these applications make up the bulk of the millions of tons of food aid recorded annually and present some of the thorniest operational issues, perhaps it is not surprising that the regulation of food aid provided in sudden-impact disasters (such as earthquakes, tsunamis, wind storms, and floods) has not been as thoroughly examined.
Still, while the amount of food involved is comparatively …
Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif
Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif
Michigan Journal of International Law
Review of Environmental Change and International Law: New Challenges and Dimensions (Edith Brown Weiss ed.), Institutions for the Earth: Sources of Effective International Environmental Protection (Peter M. Haas, Robert O. Keohane, & Marc A. Levy eds.), and The Uncertain Promise of Law: Lessons from Bhopal. by Jamie Cassels
Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown
Cherobyl: Its Implications For International Aromic Energy Regulation, Diana K. Brown
Michigan Journal of International Law
The first section of this note focuses on the IAEA's role in the existing network of international organizations designed to improve nuclear power plant safety. The second section examines the implications of the Chernobyl accident for international cooperation in the nuclear field. The final section proposes several improvements for nuclear safety management, and is subdivided accordingly. The first subsection analyzes the incident reporting systems of the IAEA and the Nuclear Energy Agency and recommends amending the IAEA Convention on Early Notification of a Nuclear Accident to ensure that all nuclear incidents, as well as accidents, are covered by its terms. …