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Disaster Law Commons

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All Articles in Disaster Law

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114 full-text articles. Page 1 of 5.

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 ...


11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School of Law 2018 Roger Williams University

11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.


Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick 2018 Roger Williams University School of Law

Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Safety From Flawed Forensic Sciences Evidence, Boaz Sangero 2018 Academic Center of Law & Business, Israel

Safety From Flawed Forensic Sciences Evidence, Boaz Sangero

Georgia State University Law Review

This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system ...


Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson 2018 Brooklyn Law School

Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson

Brooklyn Law Review

As Harvey, Irma, Maria and other major 2017 storms washed upon the shores of the United States, millions of people across the nation in major cities and rural areas alike found their possessions, their homes, and sadly in many cases their lives, washed away with the storms. The destructive hurricane season came just as Congress began to consider the reauthorization of the National Flood Insurance Program (NFIP), a federal system of subsidized flood insurance created to fill a void left by private insurers in the 1960s. Extreme weather events such as these illustrate the need for such a program and ...


Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa 2018 Concordia Univeristy School of Law

Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa

Ryan B. Stoa

Humanity's impact on the earth has become so pronounced that momentum is building toward adopting a new term for the modem geological age-the "Anthropocene." The term signifies that human activity has reached a scale that it is now a planetary force capable of shaping ecosystems and natural processes. And yet, anthropocentric natural resources management and environmental lawmaking in the United States reveal a lack of control in managing natural systems and fostering resilience to extreme events. These systems do not easily conform to the whims of reactionary environmental policies. Droughts, floods, and wildfires, in particular are often conceptualized as ...


Spring Break In Puerto Rico: Helping Hurricane Victims 3-7-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Spring Break In Puerto Rico: Helping Hurricane Victims 3-7-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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

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

Journal of Experiential Learning

No abstract provided.


Alternative Spring Break 2018 Report, Roger Williams University School of Law 2018 Roger Williams University

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor 2018 John Marshall Law School

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

The John Marshall Law Review

No abstract provided.


Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure , 2017 Marquette University Law School

Comment: The Flint Water Crisis: A National Warning Of Failing Infrastructure

Marquette Benefits and Social Welfare Law Review

I look at the Flint, Michigan Water Crisis from a combined perspective that broadens the scope of one of the worst manmade environmental disasters in the history of the United States. The goal of this examination is to bring attention to preventable environmental catastrophes, and put a spotlight on the policies and governing philosophies, which aggregated into neglect to the health of the people of Flint. I briefly analyze Michigan’s emergency manager law’s role in fostering the poor oversight that allowed the crisis to spiral out of control. I then pivot to the nation’s water infrastructure and ...


The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler 2017 Sam Houston State University

The Pedagogical Needs Of Children And Adults Living In The Calais Jungle Refugee Camp: Existential Issues And Perspectives Of Volunteer Teachers And Workers, Theresa C. Bodon, Nancy K. Votteler

FIRE: Forum for International Research in Education

This study aimed at examining the pedagogical needs and challenges of children and young adults living in a refugee camp in France known as the Calais Jungle. Through the researchers’ observations and interviews with volunteer teachers and workers at the camp, insights into their perspectives shed light on the pedagogical needs of refugees. Also, utilizing Paulo Freire’s philosophical stance, this study provides a contextual approach to the educational practices and ideological viewpoints represented within unregulated refugee camp settings.


Is The "Act Of God" Dead?, Clifford Villa 2017 University of New Mexico

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


Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman 2017 University of Oklahoma College of Law

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses ...


The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely 2017 Seattle University School of Law

The Home-Field Disadvantage: Tort Liability And Immunity For Paid Physicians During Disasters Within The Pacific Northwest Emergency Management Arrangement Member States, Stephen Seely

Seattle University Law Review

This Note identifies how the Pacific Northwest Emergency Management Arrangement member states of Alaska, Idaho, Oregon, and Washington apply tort liability and immunity to medical professionals during times of disaster. This Note also identifies an example statutory scheme that, if enacted, will provide equal protection to all physicians who provide care to disaster victims, regardless of their local or out-of-state status.


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 ...


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