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

Disaster Law Commons

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

118 Full-Text Articles 127 Authors 26,061 Downloads 38 Institutions

All Articles in Disaster Law

Faceted Search

118 full-text articles. Page 3 of 5.

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 ...


Flint Drinking Water Contamination: Frames Of Reference, Clifford Villa 2016 University of New Mexico

Flint Drinking Water Contamination: Frames Of Reference, Clifford Villa

Faculty Scholarship

Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.


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.


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy 2016 John Marshall Law School

Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy

Faculty Scholarship


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 ...


Overlapping International Disaster Law Approaches With International Environmental Law Regimes To Address Latent Ecological Disaster, Anastasia Telesetsky 2016 University of Idaho College of Law

Overlapping International Disaster Law Approaches With International Environmental Law Regimes To Address Latent Ecological Disaster, Anastasia Telesetsky

Articles

International Disaster Law (IDL) and International Environmental Law (JEL) have developed as two separate subsets of public international law. IDL has until recently focused largely on developing effective disaster relief laws, while JEL has focused on addressing long-term transboundary environmental crises. This Article argues that the connection between the two legal regimes has been undervalued. Using the ecological case study of excess nutrients (e.g., nitrogen and phosphorus), this Article posits that almost forty years of international legal efforts have failed to reverse the current trend of increasing coastal "dead zones" due to the existence of a form of "bystander ...


The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue 2016 University of Chicago Law School

The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue

Articles

This Article explores the role of insurance as a substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions as well as for cost-justified mitigation efforts in building construction and infrastructure. Currently, however, much insurance for severe-weather risks is provided and heavily subsidized by the government. This Article demonstrates two primary distortions arising from the government’s dominance in these insurance markets. First, existing government subsidies are allocated differentially across households, resulting in a significant regressive redistribution favoring affluent ...


Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski 2016 Touro College Jacob D. Fuchsberg Law Center

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

Touro Law Review

No abstract provided.


Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French 2015 Penn State Law

Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French

Christopher C. French


Landslides occur in all fifty states and cause approximately $3.5 billion in property damage annually. Yet, in America, “all risk” homeowners and commercial property insurance policies exclude coverage for landslides, and there is only limited availability of expensive, stand-alone “named peril” insurance policies that cover landslide losses. Consequently, the affected homeowners are often left financially devastated—homeless with a mortgage to pay on an unsaleable piece of property.

This Article analyzes the problem of insuring landslide losses in America and proposes ways to help solve it. It describes both historical and recent landslide events. It discusses the insurance industry ...


Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy 2015 Nova Southeastern University - Shepard Broad College of Law

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 ...


Global Health Security Agenda Legal Landscape Assessment, Natasha M. Nussbaum 2015 University of San Francisco School of Nursing and Health Professions

Global Health Security Agenda Legal Landscape Assessment, Natasha M. Nussbaum

Master's Projects and Capstones

The Global Health Security Agenda (GHSA) was created on February 13, 2014, to improve country's ability to detect, prevent and respond to emerging health threats. Eleven action packages were created. The detection action package included antimicrobial resistance, zoonotic diseases, national biosafety/biosecurity and immunization. The prevention action package included establishing a national laboratory system, strengthening real-time biosurveillance, advancing timely and accurate disease reporting and establishing a trained global health security workforce.The response action package focused on establishing emergency operation centers, linking public health and law enforcement and enhancing medical countermeasures/personnel deployment.

The following paper summarizes the components ...


Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall 2015 Georgia State University College of Law

Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall

John Travis Marshall

No abstract provided.


Atlanta Relief Officials Cite Lessons Learned After Hurricane Katrina, John T. Marshall, Jeremy Redmon, Craig Schneider 2015 Georgia State University College of Law

Atlanta Relief Officials Cite Lessons Learned After Hurricane Katrina, John T. Marshall, Jeremy Redmon, Craig Schneider

John Travis Marshall

No abstract provided.


Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh 2015 Barry University School of Law

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Environmental and Earth Law Journal (EELJ)

Climate change will significantly impact vulnerable populations. Included in those populations are island indigenous peoples. Small island developing states are particularly vulnerable to the rise in seal level. Loss of territory due to rising sea levels is not the only problem however, infrastructure and food supplies are also at risk. As such, this article addresses the need for a comprehensive climate change refugee treaty using Tuvalu and Kiribati's circumstances to illustrate the situation.


The Unintended Effects Of Government-Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue 2015 University of Chicago

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 ...


Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott 2015 Faculty of Law, Lund University

Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott

Matthew Scott

The occurrence of a natural hazard event is a necessary, but not sufficient condition for the unfolding of a ‘natural’ disaster. Disasters result when individuals and communities are exposed and vulnerable to natural hazards, such as droughts, floods and earthquakes. In their turn, exposure and vulnerability are social facts that are often closely correlated with discrimination, for example against women, children, older people, persons with disabilities, as well as for reasons of race, religion, nationality or political opinion. Adopting the perspective that sees disasters as socially constructed in this way, the scope of the 1951 Convention relating to the Status ...


Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov 2015 Barry University

Under Containment: Preempting State Ebola Quarantine Regulations, Eang L. Ngov

Faculty Scholarship

No abstract provided.


Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman 2015 University of Pennsylvania Law School

Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman

Faculty Scholarship at Penn Law

Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in ...


Digital Commons powered by bepress