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Articles 1 - 15 of 15
Full-Text Articles in Law
Droughts, Floods, And Wildfires: Paleo Perspectives On Diaster Law In The Anthropocene, Ryan Stoa
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 unforeseeable …
Vulnerability, Canadian Disaster Law And 'The Beast', Jocelyn Stacey Assistant Professor
Vulnerability, Canadian Disaster Law And 'The Beast', Jocelyn Stacey Assistant Professor
Jocelyn Stacey
Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson
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 …
Making Sense Of 'Public' Emergencies, François Tanguay-Renaud
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.
Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French
Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French
Christopher C. French
Snapshots From New Orleans' Long-Term Recovery-- Katrina At 9, John T. Marshall
Snapshots From New Orleans' Long-Term Recovery-- Katrina At 9, John T. Marshall
John Travis Marshall
No abstract provided.
Blizzard Alert!: How Do U.S. Cities Compared In Dealing With Major Snowstorms?, John T. Marshall, Rebecca Burns
Blizzard Alert!: How Do U.S. Cities Compared In Dealing With Major Snowstorms?, John T. Marshall, Rebecca Burns
John Travis Marshall
No abstract provided.
Forging Successful Non-Profit Partnerships Following Crisis And Disaster: O.C. Haley Boulevard's Story, John T. Marshall
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
Atlanta Relief Officials Cite Lessons Learned After Hurricane Katrina, John T. Marshall, Jeremy Redmon, Craig Schneider
John Travis Marshall
No abstract provided.
Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott
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 …
Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres
Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres
Jonathan Todres
In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium …
Valuing Lives: Allocating Scarce Medical Resources During A Public Health Emergency And The Americans With Disabilities Act, Leslie Wolf, Wendy Hensel
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.
The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger
The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger
Michael Greenberger
In much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 U.S. 549 …
N.O. Schools Or No Schools?: Absolute Deprivation Of Educational Opportunity In Post-Katrina New Orleans As A Violation Of A Fundamental Right, Cheryl S. Bratt
N.O. Schools Or No Schools?: Absolute Deprivation Of Educational Opportunity In Post-Katrina New Orleans As A Violation Of A Fundamental Right, Cheryl S. Bratt
Cheryl S. Bratt
Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan
Law In The Time Of Cholera: Disease, State Power, And Quarantine Past And Future, Felice J. Batlan
Felice J Batlan