Open Access. Powered by Scholars. Published by Universities.®

Disaster Law Commons

Open Access. Powered by Scholars. Published by Universities.®

151 Full-Text Articles 168 Authors 26,061 Downloads 47 Institutions

All Articles in Disaster Law

Faceted Search

151 full-text articles. Page 1 of 6.

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs 2020 Northwestern Pritzker School of Law

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin 2020 Brigham Young University

Narrow, Narrower, Narrowest: Appropriate Force Majeure Specificity, Tayzlie T. Haack, Max A. Esplin

Brigham Young University Prelaw Review

Imagine you are the owner of a small construction company and

are contracted to build a large office building. As is customary, you

signed a contract agreeing to complete the building by a specific

deadline for a set amount of money. Included is a brief force majeure

clause, which allows you to be relieved of the contract in the case of

“unforeseeable circumstances” that might prevent completion of the

project. During construction, heavy tariffs affect your main suppliers,

exponentially increasing the projected cost of completing the

project. Your company cannot afford the supplies necessary to complete

the building, and you ...


Ethical Imperatives Critical To Effective Disease Control In The Coronavirus Pandemic: Recognition Of Global Health Interdependence As A Driver Of Health And Social Equity, George A. Gellert MD, MPH, MPA 2020 San Antonio Texas, USA

Ethical Imperatives Critical To Effective Disease Control In The Coronavirus Pandemic: Recognition Of Global Health Interdependence As A Driver Of Health And Social Equity, George A. Gellert Md, Mph, Mpa

Online Journal of Health Ethics

Ethical imperatives critical to effective disease control in the coronavirus pandemic: Recognition of global health interdependence as a driver of health and social equity

George A. Gellert MD, MPH, MPA

ABSTRACT

Decades into the era of emerging infectious diseases, the 2019-2020 coronavirus pandemic has caught the world, and the United States in particular, poorly prepared to engage effective public health disease prevention and control measures. In part, this reflects poor public health planning, response, logistical preparation and pandemic readiness, and complacency by governments and disease control agencies. In terms of future responses to emerging infection pandemics, these deficiencies can be ...


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 2020 Texas A&M University School of Law

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 ...


Law In The Time Of Covid-19, Katharina Pistor 2020 Columbia Law School

Law In The Time Of Covid-19, Katharina Pistor

Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal ...


When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen Pita Loor 2019 Boston University School of Law

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 choose ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga 2019 Pace University

Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga

Pace Environmental Law Review

No abstract provided.


What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray 2019 Loyola Law School, Los Angeles

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 ...


The Community Relations Service's Work In Preventing And Responding To Unfounded Racially And Religiously Motivated Violence After 9/11, Grande Lum 2019 Texas A&M University School of Law

The Community Relations Service's Work In Preventing And Responding To Unfounded Racially And Religiously Motivated Violence After 9/11, Grande Lum

Texas A&M Journal of Property Law

On the morning of September 11, 2001, New York City-based Community Relations Service (“CRS”) Regional Director Reinaldo Rivera was at a New Jersey summit on racial profiling. At 8:46 a.m., an American Airlines 767 crashed into the North Tower of New York City’s World Trade Center. Because Rivera was with the New Jersey state attorney general, he quickly learned of the attack. Rivera immediately called his staff members, who at that moment were traveling to Long Island, New York, for an unrelated case. Getting into Manhattan had already become difficult, so Rivera instructed his conciliators to remain ...


Managing Hurricane (And Other Natural Disaster) Risk, Robert Jerry II 2019 University of Missouri School of Law

Managing Hurricane (And Other Natural Disaster) Risk, Robert Jerry Ii

Texas A&M Law Review

With the data showing that hurricanes are the most likely and serious of all of these disasters, we return to Hurricane Harvey. No one living in Texas—especially in the cities of Houston, Port Arthur, Bridge City, Rockport, Wharton, Conroe, Port Aransas, and Victoria, or more generally in the counties of Harris, Aransas, Nueces, Jefferson, Orange, Victoria, Calhoun, Matagorda, Brazoria, Galveston, Fort Bend, Montgomery, and Wharton—needs to be told that the U.S. needs a better approach to managing hurricane and other natural disaster risk, both in terms of pre-disaster planning and post-disaster recovery. Texans are not alone, as ...


Small Family Farms And Natural Disasters: Natural Disasters Disproportionately Hurt Small Farms, But Should The Government Care?, Luisa Lloyd Gough 2019 Brigham Young University Law School

Small Family Farms And Natural Disasters: Natural Disasters Disproportionately Hurt Small Farms, But Should The Government Care?, Luisa Lloyd Gough

BYU Law Review

No abstract provided.


Cleaning Up Our Toxic Coasts: A Precautionary And Human Health-Based Approach To Coastal Adaptation, Robin Kundis Craig 2019 S.J. Quinney College of Law, University of Utah

Cleaning Up Our Toxic Coasts: A Precautionary And Human Health-Based Approach To Coastal Adaptation, Robin Kundis Craig

Pace Environmental Law Review

Hurricanes in the United States in 2005, 2012, and 2017 have all revealed an insidious problem for coastal climate change adaptation: toxic contamination in the coastal zone. As sea levels rise and violent coastal storms become increasingly frequent, this legacy of toxic pollution threatens immediate emergency response, longer term human health, and coastal ecosystems’ capacity to adapt to changing coastal conditions.

Focusing on Hurricane Harvey’s 2017 devastation of Houston, Texas, as its primary example, this Article first discusses the toxic legacy still present in many coastal environments. It then examines the existing laws available to clean up the coastal ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till 2019 Southern Methodist University, Dedman School of Law

Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till

SMU Law Review

Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration, FEMA recently amended its disaster assistance program to provide funding for religious organizations. Opponents argue this amendment is a violation of the Establishment Clause, while proponents argue the amended plan finally gives religious organizations the fair treatment they deserve. This new aid program needs to be modified and restricted. Though there is clear precedent to support providing some Public Assistance funding to ...


The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica LaVoy 2019 Mitchell Hamline School of Law

The Pets Act And Beyond: A Critical Examination Of The Pets Act And What The Future Of Disaster Planning And Response For Animals Should Be, Erica Lavoy

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


An Inflection Point For Disaster Relief: Superstorm Sandy, Danshera Wetherington Cords 2019 Albany Law School

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

Touro Law Review

No abstract provided.


Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff 2019 Touro College Jacob D. Fuchsberg Law Center

Disaster Legal Tech: Strategies For Providing Legal Information To Survivors, Jeanne Ortiz-Ortiz, Jessica Penkoff

Touro Law Review

No abstract provided.


Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte 2019 Touro Law Center

Trial By Water: Reflections On Superstorm Sandy, Thomas Maligno, Benjamin Rajotte

Touro Law Review

No abstract provided.


Manufactured Emergencies, Robert Tsai 2019 American University Washington College of Law

Manufactured Emergencies, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Emergencies are presumed to be unusual affairs, but the United States has been in one state of emergency or another for the last forty years. That is a problem. The erosion of democratic norms has led to not simply the collapse of the traditional conceptual boundary between ordinary rule and emergency governance, but also the emergence of an even graver problem: the manufactured crisis. In an age characterized by extreme partisanship, institutional gridlock, and technological manipulation of information, it has become exceedingly easy and far more tempting for a President to invoke extraordinary power by ginning up exigencies. To reduce ...


Digital Commons powered by bepress