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114 full-text articles. Page 4 of 5.

Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel 2014 Georgia State University College of Law

Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel

Wendy F. Hensel

Public health emergencies from natural disasters, infection, and man-made threats can present ethically or legally challenging questions about who will receive scarce resources. Federal and state governments have offered little guidance on how to prioritize distribution of limited resources. Several allocation proposals have appeared in the medical literature, but components of the proposed approaches violate federal antidiscrimination laws and ethical principles about fair treatment. Further planning efforts are needed to develop practical allocation guidelines that comport with antidiscrimination laws and the moral commitment to equal access reflected in those laws.


Snapshots From New Orleans' Long-Term Recovery-- Katrina At 9, John T. Marshall 2014 Georgia State University College of Law

Snapshots From New Orleans' Long-Term Recovery-- Katrina At 9, John T. Marshall

Faculty Publications By Year

No abstract provided.


Law Matters, Even To The Executive, Julian Davis Mortenson 2014 University of Michigan Law School

Law Matters, Even To The Executive, Julian Davis Mortenson

Michigan Law Review

In both constitutional and international law, many legal rules cannot be implemented without what most people would describe as the voluntary compliance of their target. Is that really “law”? Or is rule compliance in such circumstances just an expression of “interests”? Forget jurisprudence for the moment. As a practical matter, what does it mean to work as a lawyer in a field where the rules are not coercively enforced against private parties by an independent judiciary whose orders are implemented by a cooperative executive? This question has particularly high stakes for national security policy, where we find judicial deference at ...


The Uncertain Trumpet: Disaster Communications And The Law, Russel V. Randle, Jeffery Reinhardt 2014 Seattle University School of Law

The Uncertain Trumpet: Disaster Communications And The Law, Russel V. Randle, Jeffery Reinhardt

Seattle University Law Review SUpra

No abstract provided.


Government Liability For Regulatory Failure In The Fukushima Disaster: A Common Law Comparison, Joel Rheuben 2014 University of Washington School of Law

Government Liability For Regulatory Failure In The Fukushima Disaster: A Common Law Comparison, Joel Rheuben

Washington International Law Journal

This article considers the Japanese government’s response to the 2011 Fukushima nuclear power disaster, in assisting Tokyo Electric Power Company (“TEPCO”) with handling claims for compensation. It argues that in setting guidelines for claims, establishing a government alternative dispute resolution (“ADR”) body to deal with disputes, and creating a convoluted funding structure that has led to the effective nationalization of TEPCO, the government has intervened significantly in what are essentially private disputes governed by the Nuclear Compensation Law. This is contrasted with the less interventionist response of the New South Wales government in Australia to mass tort claims for ...


The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood 2013 Barry University

The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.


Disaggregating Disasters, Lisa Grow Sun, RonNell Andersen Jones 2013 BYU Law

Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones

Faculty Scholarship

In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of ...


Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan 2013 John Marshall Law School

Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan

The John Marshall Law Review

No abstract provided.


Small Business Disaster Assistance, Peggy Maisel, Natalie Roman 2013 Boston University School of Law

Small Business Disaster Assistance, Peggy Maisel, Natalie Roman

Faculty Scholarship

When a disaster hits, it affects the entire community. A small business is especially vulnerable because it does not necessarily have the resources to respond to a disaster or to catastrophic damage. In fact, it is reported that approximately 25 percent of small businesses that close due to a disaster never reopen, and 40 percent of small businesses hit directly by a serious natural disaster do not recover. This is true regardless of what kind of disaster is involved, from a hurricane, a tornado, an earthquake, flooding, winter storms, or even civil unrest or terrorism.

Small businesses experience a number ...


What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen 2013 George Washington University

What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran 2013 University of Essex

Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran

Michigan Journal of International Law

States of emergency are today one of the most serious challenges to the implementation of international human rights law (IHRL). They have become common practice and are associated with severe human rights violations as evidenced by the Arab Spring. The international jurisprudence on states of emergency is inconsistent and divergent, and what now constitutes a public emergency is ubiquitous. This trend is underpinned by excessive judicial deference and abdication of the legal review of states' often dubious claims of a state of emergency. The legal regime, as positively expressed in international human rights treaties, does not adequately reflect the underlying ...


Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann 2013 University of Michigan Law School

Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann

Articles

On April 5, 2010, a massive explosion killed twenty-nine miners at Massey Energy's Upper Big Branch mine near Montcoal, West Virginia. Following the explosion, President Barack Obama vowed that the U.S. Department of Labor would conduct "the most thorough and comprehensive investigation possible" and work with the U.S. Department of Justice ("Justice Department" or the "Department") to address any criminal violations. Later in the month, the President and Vice President flew to West Virginia to eulogize the victims and comfort their families. It was the nation's worst coal mining disaster in forty years. The tragic loss ...


Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson 2013 University of Michigan Law School

Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson

University of Michigan Journal of Law Reform

Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed ...


Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai 2012 University of Washington School of Law

Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai

Washington International Law Journal

On March 11, 2011, a massive 9.0 magnitude quake and powerful tsunami slammed the northeastern region of Japan. Huge seismic activities knocked out the power at the Fukushima Dai-ichi Nuclear Power Plant, and ensuing tidal waves disabled the backup generators for cooling systems to the active reactors. This triggered a series of hydrogen explosions and released dangerously high levels of radioactive particles into the atmosphere. The Japanese government declared a nuclear emergency, due to the worst nuclear crisis in Japanese history, and decided to evacuate 140,000 residents within twenty kilometers of the plant to various relocation centers


Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka 2012 University of Washington School of Law

Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka

Washington International Law Journal

This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant ...


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 2012 University of Michigan Law School

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 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 ...


Proving Corporate Criminal Liability For Negligence In Vessel Management And Operations: An Allision-Oil Spill Case Study, Craig H. Allen 2012 University of Washington School of Law

Proving Corporate Criminal Liability For Negligence In Vessel Management And Operations: An Allision-Oil Spill Case Study, Craig H. Allen

Articles

Maritime policy analysts often invoke the "vessel safety net" metaphor to explain the independent, but overlapping, risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from the 2002 M/T Prestige break up off the coast of Galicia, Spain, the 2007 M/V Cosco Busan bridge allision in San Francisco Bay and the 2010 Deepwater Horizon debacle in the Gulf of Mexico, among others, demonstrate that any or all of the components of that safety net may come under scrutiny following a marine casualty ...


A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur 2011 Harvard University

A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur

Michigan Journal of International Law

The outbreaks of Severe Acute Respiratory Syndrome (SARS) in 2002-2003 and Swine Flu (H1N1) in 2009 captured a great deal of global attention. The swift spread of these diseases wreaked havoc, generated public hysteria, disrupted global trade and travel, and inflicted severe economic losses to countries, corporations, and individuals. Although affected states were required to report to the World Health Organization (WHO) events that may have constituted a public health emergency, many failed to do so. The WHO and the rest of the international community were therefore desperate for accurate, up-to-date information as to the nature of the pandemics, their ...


Punishment For Ecological Disasters: Punitive Damages And/Or Criminal Sanctions, Leo M. Romero 2011 University of St. Thomas, Minnesota

Punishment For Ecological Disasters: Punitive Damages And/Or Criminal Sanctions, Leo M. Romero

University of St. Thomas Law Journal

No abstract provided.


Engaging The Legal Academy In Disaster Response, Davida Finger, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave, Laila Hlass 2011 Boston University School of Law

Engaging The Legal Academy In Disaster Response, Davida Finger, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave, Laila Hlass

Faculty Scholarship

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets ...


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