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Full-Text Articles in Law

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden Apr 2020

Law School News: Rwu Law Professors File Emergency Covid-19 Lawsuit 04-12-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


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 Jan 2020

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 ...


Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard Jan 2019

Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard

Faculty Scholarship

Globally, the ten warmest years on record have all been since 1998, with the four warmest years occurring since 2014. In the contiguous United States, average annual temperatures are about 1.8°F higher than they were over the period from 1895-2016. This is expected to increase by about 2.5°F before mid-century, regardless of what happens to greenhouse gas levels. If, at the end of this century, greenhouse gas emissions are at the Intergovernmental Panel on Climate Change’s high scenario (termed “RCP 8.5”), average U.S. temperatures could go up by as much as 11.9 ...


Coporative Security In A Connected Digital World: Leveraging Social Media And Emerging Technology In Crisis And Disaster, Wayne P. Bergeron Jan 2018

Coporative Security In A Connected Digital World: Leveraging Social Media And Emerging Technology In Crisis And Disaster, Wayne P. Bergeron

Faculty Publications

We live in an ever connected and digital world which brings great convenience, capability, and comfort to our modern quality of life, but at the same time introduces significant threats and vulnerabilities as well when things fall apart or fail, as they most likely do in crisis and disaster. The purpose of this article is to provide a critical review and state of the current and future security environment related to the various areas of social media and emerging technology that impact policy, preparedness, operations, and response within crisis and disaster situations. Ultimately, we find that some of our biggest ...


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

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

School of Law Conferences, Lectures & Events

No abstract provided.


Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law Sep 2017

Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie Jan 2015

Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still ...


Conclusion: Reflections On The Rhythms Of Internationalisation In Post-Disaster Japan, Vera Mackie Jan 2014

Conclusion: Reflections On The Rhythms Of Internationalisation In Post-Disaster Japan, Vera Mackie

Faculty of Law, Humanities and the Arts - Papers (Archive)

On 7 Jul 2012. a concert was held at Makuhari Messe near Tokyo. The concert was part of a growing movement against nuclear power in the wake of the triple earthquake-tsunami-nuclear disaster in northeastern Japan on 11 March 2011. The headline performers were the Japanese band Yellow Magic Orchestra and the German band Kraftwerk. Since the earliest days of Yellow Magic Orchestra. band leader Sakamoto Ryuichi has forged an international career as a performer and composer, moving between Tokyo, New York and other global cities. In recent years, he has used his public profile to argue for environmental sustainability, so ...


Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon Jan 2014

Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes ...


Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun Jan 2013

Disaggregating Disasters, Ronnell Anderson Jones, Lisa Grow Sun

Utah Law 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 ...


Law In The Time Of Cholera: Teaching Disaster Law As A Research Course, Neal R. Axton Jan 2011

Law In The Time Of Cholera: Teaching Disaster Law As A Research Course, Neal R. Axton

Faculty Scholarship

Disaster law is fun to teach but it has a serious purpose. Emergencies will inevitably arise but how society responds to them will determine whether or not they become full-blown disasters. Training law students to adapt to dynamic situations will give them the skills they need in a world facing global warming, resource depletion, and a burgeoning population. By creating a more robust legal system, we can create a more resilient society.

Originally published in the May 2011 issue of AALL Spectrum.


Participation And Disintermediation In A Risk Society, Robert J. Rhee Jan 2008

Participation And Disintermediation In A Risk Society, Robert J. Rhee

Faculty Scholarship

The chapter argues that financing extreme catastrophic loss will become more problematic as catastrophes become more frequent and severe. An effective strategy must increase the level of participation in the spreading of risk and loss. Currently, risk spreading is done largely through insurers and government as they are the default aggregators of private and public capital. An enlargement of participation may mean the disintermediation of the traditional insurance and public compensation functions, thus allowing more direct and efficient participation between those are exposed to risk and those who are willing to bear it. This chapter also argues that tax policy ...


Losing Ground: Nation On Edge, John R. Nolon Jan 2008

Losing Ground: Nation On Edge, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

The primary objective of our book is to refocus attention on the mitigation element of this enduring debate. The chapters in this edited volume grow out of our multiyear program entitled Nation on Edge. The purpose of this program was to draw together leading scholars and practitioners in a collective conversation on the subject of disaster mitigation; that is, on questions of how government can better manage private and public decisionmaking and can more effectively regulate the use of private property in order to curtail damage from inevitable disasters. Our book stands alongside the expanding collection of government reports, essays ...


A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer Jan 2007

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

College of Law, Faculty Publications

Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying ...


Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart Jan 2007

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart

Faculty Publications

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them.

This article focuses on the difficulties evacuee renters faced in New Orleans following the disaster. This article discusses legislation and attempted ...


The Flood: Political Economy And Disaster, Mari J. Matsuda Jan 2007

The Flood: Political Economy And Disaster, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling parameters: a city of luxury alongside squalor, two-thirds Black, one-fourth poor, with the gap between its rich and poor growing at a gallop as the waters of lake and river lapped gently along aging, grass-covered levees.

Freeze the frame before the waters rise, and what do you see? A devastated public school system, where Black children are labeled “failing,” along with their schools ...


Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod Jan 2007

Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Olympia Duhart, Eloisa C. Rodriguez-Dod

Faculty Scholarship

Hurricane Katrina destroyed the homes of many people living in parts of the Gulf Region. The storm displaced as many as 800,000 victims and it is still difficult for them to return home. Consequently, many homeowners have turned to renting because of the slow recovery process. Renters face added difficulties; they are often the last in line for government benefits and other assistance. There is much hostility towards the rights of renters, creating even more difficulties for them. This article focuses on the difficulties facing evacuee renters in New Orleans following the disaster. These renters face such obstacles as ...


Did Nepa Drown New Orleans? The Levees, The Blame Game, And The Hazards Of Hindsight, Thomas O. Mcgarity, Douglas A. Kysar Sep 2006

Did Nepa Drown New Orleans? The Levees, The Blame Game, And The Hazards Of Hindsight, Thomas O. Mcgarity, Douglas A. Kysar

Cornell Law Faculty Publications

This Article highlights the hazards of hindsight analysis of the causes of catastrophic events, focusing on theories of why the New Orleans levees failed during Hurricane Katrina in 2005 and particularly on the theory that the levee failures were "caused" by a 1977 National Environmental Policy Act (NEPA) lawsuit that resulted in a temporary injunction against the Army Corps of Engineers' hurricane protection project for New Orleans. The Article provides a detailed historical reconstruction of the decision process that eventuated in the New Orleans storm surge protection system, focusing both on the political and legal factors involved and on the ...


Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff Jan 2006

Blurring The Lines Of Environmental Responsibility: How Corporate And Public Governance Was Circumvented In The Ok Tedi Mining Limited Disaster, Judith M. Marychurch, Natalie P. Stoianoff

Faculty of Law - Papers (Archive)

This paper will present the preliminary findings of a research project into the impact of legislative legitimation of environmental damage on corporate governance in multinational companies and on public governance in the nation state. The environmental devastation of the Ok Tedi mine in Papua New Guinea (PNG) will be the focus of the paper.


Relief From The Rubble: Tax Assistance For Victims Of The 2005 Hurricane Season, Francine J. Lipman Jan 2006

Relief From The Rubble: Tax Assistance For Victims Of The 2005 Hurricane Season, Francine J. Lipman

Scholarly Works

No abstract provided.


Anatomy Of A Disaster Under The Internal Revenue Code, Francine J. Lipman Jan 2005

Anatomy Of A Disaster Under The Internal Revenue Code, Francine J. Lipman

Scholarly Works

No abstract provided.