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Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 Selected Works

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Eloisa C Rodríguez-Dod

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson 2017 The Catholic University of America, Columbus School of Law

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for ...


Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon 2016 University of New Hampshire

Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon

RISK: Health, Safety & Environment

Dr. Dymon explains how maps can, e.g., hasten effective community responses to natural and artificial hazards and laments widespread failure to prepare and use hazard maps more extensively.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Selected Works

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Hugh Mundy

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


Apuntes De Prospectiva Legal Para La Construcción De Legislación Y Políticas Públicas Ambientales Preventivas..Pdf, Luis Gabriel Escobar Blanco 2016 Universidad Nacional de Cuyo UNCuyo - CE Prospectiva - Argentina

Apuntes De Prospectiva Legal Para La Construcción De Legislación Y Políticas Públicas Ambientales Preventivas..Pdf, Luis Gabriel Escobar Blanco

Luis Gabriel Escobar Blanco

El hecho de titular el trabajo ya implica muchas veces una definición. ¿Las políticas públicas deben ceñirse al marco de la legislación existente? ¿La legislación debe ser reformada -en forma más o menos radical- para dar libertad a las políticas públicas? Si es un poco de cada cosa ¿Cuál es la vara que rige el cambio para estos parámetros legales? Si de prevenir se trata ¿Quien establece los parámetros técnicos? ¿Cómo se instrumentan los parámetros administrativos? ¿Cuanto es el poder para influir o tomar la decisión final que tiene el pueblo y la clase dirigente? Es la rosa de los ...


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2016 Seattle University School of Law

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy

Seattle University Law Review

On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are ...


Making Sense Of 'Public' Emergencies, François Tanguay-Renaud 2016 Osgoode Hall Law School of York University

Making Sense Of 'Public' Emergencies, François Tanguay-Renaud

François Tanguay-Renaud

In this article, I seek to make sense of the oft-invoked idea of ‘public emergency’ and of some of its (supposedly) radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio Agamben, and argue for a more discriminating understanding of the category and its moral force.


Weather Modification: A Modest Proposal, Lawrence A. Weirs 2016 University of Georgia School of Law

Weather Modification: A Modest Proposal, Lawrence A. Weirs

Georgia Journal of International & Comparative Law

No abstract provided.


Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano 2016 Elisabeth Haub School of Law at Pace University

Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano

Pace Environmental Law Review

In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and ...


How Capital Markets Can Help Developing Countries Manage Climate Risk, Michael Bennett, Sophie Smyth 2016 The World Bank

How Capital Markets Can Help Developing Countries Manage Climate Risk, Michael Bennett, Sophie Smyth

Boston College Environmental Affairs Law Review

Climate change is exacerbating the frequency and severity of catastrophic weather events around the world. The economic impact of these events on developing countries can be severe, and roll back years of development gains. To help face this growing challenge, the governments of developing countries need improved access to insurance and alternative risk transfer mechanisms to manage their exposure to climate risk. Multilateral development banks, such as the World Bank, can help. For example, they can catalyze the creation of sovereign risk pools and facilitate access for developing country governments to the substantial reinsurance capacity of the capital markets. The ...


Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana 2016 Northwestern Pritzker School of Law

Incentivizing Municipalities To Adapt To Climate Change: Takings Liability And Fema Reform As Possible Solutions, David Dana

Boston College Environmental Affairs Law Review

This Article addresses a central question of climate adaptation in the United States: how can municipalities, which are best positioned to take a lead in climate change adaptation efforts, be incentivized to do so? The Article analyzes and ultimately rejects as doctrinally unmoored and counterproductive one idea that has been suggested by commentators and arguably endorsed in a few noteworthy recent cases—that is, that municipalities and other governments be held liable under the Takings Clause for their failing to take adaptive measures that protect private property. Instead, the Article argues that municipalities should be given an incentive to adapt ...


Mitigation Of Climate Change Risks And Regulation By Insurance: A Feasible Proposal For China, Qihao He 2016 Boston College Law School

Mitigation Of Climate Change Risks And Regulation By Insurance: A Feasible Proposal For China, Qihao He

Boston College Environmental Affairs Law Review

Climate change is one of the most fundamental challenges of our time. The extraordinary growth of greenhouse gas (“GHG”) emissions in China represents the single greatest obstacle to global climate change efforts in the coming decades. Meanwhile, China suffers from the adverse consequences of climate change. It has been recognized that two factors may increase climate change risks: (a) the increase in GHG emissions, which will increase the frequency and intensity of climate hazards; and (b) the increase of value-at-risk, such as the increased concentration of the world’s population and property in vulnerable areas. Therefore, mitigation of climate change ...


Climate Change And Federal Crop Insurance, Chad G. Marzen, J. Grant Ballard 2016 Florida State University

Climate Change And Federal Crop Insurance, Chad G. Marzen, J. Grant Ballard

Boston College Environmental Affairs Law Review

The federal crop insurance program is well-positioned today to promote resilient agricultural practices that mitigate the future impact of climate change. In light of climate change risk, this Article examines issues relating to climate change and the federal crop insurance program. Part I of this Article examines the present risk of climate change in agriculture and discusses recent steps taken to address climate change in agriculture in general, specifically within the federal crop insurance program. As a condition to federal crop insurance coverage, a farmer-insured must utilize “good farming practices” to obtain coverage for covered causes of loss. Part II ...


The Government’S Role In Climate Change Insurance, Peter Molk 2016 Willamette University College of Law

The Government’S Role In Climate Change Insurance, Peter Molk

Boston College Environmental Affairs Law Review

There are no robust insurance markets for climate change insurance. While these markets would provide valuable loss-mitigation incentives, at the same time giving financial certainty to individuals and businesses that face staggering future liabilities, existing efforts have produced a fragmented set of private and public products that provide only piecemeal coverage. This Article examines the government’s role in providing unified markets for insuring climate change risk. Although innovations in reinsurance markets suggest that private insurers could cover discrete risks associated with climate change, such as flood or wind loss, climate change’s broader systemic risks present problems of scale ...


Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald T. Hornstein 2016 University of North Carolina School of Law

Lessons From U.S. Coastal Wind Pools About Climate Finance And Politics, Donald T. Hornstein

Boston College Environmental Affairs Law Review

The financial costs of extreme weather are profound, not only in terms of the distress of those immediately affected but also in broader, more long-term macroeconomic and public budgetary effects. This Article focuses on the role that private and public insurance can play, both positively and negatively, on these effects. It also provides one of the most detailed analyses in the legal literature to date on the finances of three state residual-risk wind pools in the Gulf and Southeastern United States that have been created specifically with hurricane risks in mind.


Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards 2016 Louisiana State University Paul M. Hebert Law Center

Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards

Boston College Environmental Affairs Law Review

Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. The best way to represent this risk through insurance is to apply the human-life insurance model to coastal property insurance. Human-life insurance is based on the assumption that every insured will die. Because the risk of death increases with age, the cost of insurance increases with ...


Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack 2016 Boston College Law School

Resurrecting The Public Trust Doctrine: How Rolling Easements Can Adapt To Sea Level Rise And Preserve The United States Coastline, Erica Novack

Boston College Environmental Affairs Law Review

The Atlantic coastline of the United States is experiencing sea level rise at a rate higher than the global average. Antiquated property laws and land use tools are unable to adequately assist state and local governments in managing coastal regions, in light of this threat. Rolling easements—prohibiting hard shoreline armoring and requiring the movement or abandonment of property once it becomes inundated by the sea—would allow for the natural inland migration of invaluable coastal resources such as beaches and wetlands. Further, enacting rolling easement polices would be a proactive step towards providing ocean-front property owners with notice of ...


Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea McArdle 2016 City University of New York School of Law

Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle

Fordham Urban Law Journal

No abstract provided.


Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan 2016 University of Maryland Francis King Carey School of Law

Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan

Homeland Security Publications

No abstract provided.


New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock 2016 Chicago-Kent College of Law

New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock

Fordham Urban Law Journal

No abstract provided.


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