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Full-Text Articles in Law

Disaster And Socio-Cultural Impact: Between Social Representations And Resiliencecatastrophe Et Impact Socio-Culturel: Entre Représentations Sociales Et Résilience, Abdelfettah N. Idrissi Aug 2021

Disaster And Socio-Cultural Impact: Between Social Representations And Resiliencecatastrophe Et Impact Socio-Culturel: Entre Représentations Sociales Et Résilience, Abdelfettah N. Idrissi

BAU Journal - Society, Culture and Human Behavior

Abstract: We live in a constantly changing world, a multi-faceted world vacillating between joy and happiness on one side and sadness and desolation on the other. We have indeed witnessed, recently, much sadness and misfortune resulting from both human and natural disasters. Whether individual or collective, the risks are assessed having regard to our cultural determinism, taking into account values, standards and living conditions of individuals. Our purpose, which falls within the framework of the theory of social representations (Moscovici (1986)), would be to account for the impact of the disaster on the behavior of the individual and of society ...


The Near And Distant Discourse Towards Disasterle Discours Proche Et Lointain Envers La Catastrophe, Mohammed Alkhattib Aug 2021

The Near And Distant Discourse Towards Disasterle Discours Proche Et Lointain Envers La Catastrophe, Mohammed Alkhattib

BAU Journal - Society, Culture and Human Behavior

Abstract: When it comes to talk about a disaster, it is not easy to maintain the objectivity and neutrality towards the event. Emotions can be very explicit, especially when the speaker is “related” to the people affected. “Related” with means kinship does not only mean being a member of one's family, but also of the same region, the same country, or even the same ethnic group. This research aims making a linguistic and discursive comparison between the discourse of two different cultures (Arab and Western) towards the catastrophe. We will take as an example, the disaster of the Jordanian ...


Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek Aug 2020

Harvey: Environmental Justice And Law, Andrea Giampetro-Meyer, Nancy Kubasek

Fordham Environmental Law Review

No abstract provided.


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 ...


Determining Climate Responsibility: Government Liability For Hurricane Katrina?, Teresa Chan, Michael Burger, Vincent Colatriano, John Echeverria Jan 2019

Determining Climate Responsibility: Government Liability For Hurricane Katrina?, Teresa Chan, Michael Burger, Vincent Colatriano, John Echeverria

Sabin Center for Climate Change Law

In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes. The U.S. Court of Appeals for the Federal Circuit disagreed, however, noting that the government cannot be liable on a takings theory for inaction, and that the government action was not shown to have been the cause of the flooding. On September 6, 2018, the Environmental Law Institute hosted an expert panel to explore this ruling and its potential implications for future litigation in ...


State Hazard Mitigation Plans & Climate Change: Rating The States 2019 Update, Dena P. Adler, Emma Gosliner Jan 2019

State Hazard Mitigation Plans & Climate Change: Rating The States 2019 Update, Dena P. Adler, Emma Gosliner

Sabin Center for Climate Change Law

Between 1980-2019, the U.S. endured 250 climate and weather disasters that each cost more than $1 billion, resulting in a total cost exceeding $1.7 trillion. Climate change contributes to a variety of hazards including extreme precipitation, drought, sea level rise, storm surge, heat waves, and flooding, and this effect will worsen over time. While the onset of natural disasters may be unavoidable, forgoing the opportunity to plan for changing conditions and increasing risks puts citizens in the path of preventable danger. Further investing in pre-disaster preparation or other resilience-building activities can save considerable money down the road – and ...


Changing The National Flood Insurance Program For A Changing Climate, Dena Adler, Michael Burger, Rob Moore, Joel Scata Jan 2019

Changing The National Flood Insurance Program For A Changing Climate, Dena Adler, Michael Burger, Rob Moore, Joel Scata

Sabin Center for Climate Change Law

Congress established the National Flood Insurance Program (NFIP) in 1968 to reduce flood damages nationwide and ease the federal government’s financial burden for providing disaster recovery.1 To achieve this goal, the program was designed to perform three primary functions. First, the program provides federally backed insurance to property owners and renters. Second, the program established minimum requirements for building, land use, and floodplain management practices that local communities must adopt in order for their residents to be eligible to purchase NFIP insurance coverage. Third, the program is responsible for mapping high floodrisk areas. These maps inform local land ...


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.


Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard Jan 2018

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

Faculty Scholarship

The worst heatwave in modern history occurred in Russia in 2010; its rare combination of extreme temperatures and long duration killed an estimated 55,000 people. Under an RCP 8.5 scenario, comparable heat waves could occur every two years in the eastern United States by the end of the century, and by then in Europe, the legendary heat wave of 2003 “would be classed as an anomalously cold summer relative to the new climate.” These increased temperatures and heat waves are not just occurring randomly. The science is clear that human activities – mostly greenhouse gas emissions and deforestation – are ...


Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva Jan 2018

Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva

Sabin Center for Climate Change Law

Since at least 2004, the intensity of hurricanes and the damage they have caused in America has increased significantly. After the turbulent hurricane season of 2017, citizens should recognize the elevated risks to safety that occur when individuals stay put, especially during high-intensity hurricanes (Category 3 and higher). States of emergency and evacuation orders have been declared recently in many states and cities that anticipated extreme hurricane conditions. However, even with increased calls for evacuations, warnings from public officials, and around the clock media coverage, a significant portion of the population has continued to be overlooked during times of natural ...


Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski Dec 2017

Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski

Hofstra Law Review

In the wake of Hurricane Harvey and a slew of other natural disasters affecting the United States, all Americans cannot help thinking about effective damage control for current and future disasters. I grew up in Houston, Texas where we went through countless hurricanes, torrential rainstorms, and the resulting power outages, and after surviving each one, we inevitably thought: What can we do to prepare better for the next one? Preparing to be self-sufficient in the aftermath of a life-changing disaster should be a top priority not just for individuals but for the government as well. After all, the more prepared ...


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.


Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv Jun 2017

Keeping More Than One Fish In The Sea: Why The Magnuson-Stevens Act Should Be Reauthorized, Joseph Marino Iv

University of Massachusetts Law Review

The American fishing industry has long been an important part of the economy. In time, overfishing led to restrictions on the industry through the Magnuson-Stevens Act. However, the Act has led to severe curtailments on fishing that have severely hampered the industry. This caused particular harm to the Northeast, resulting in a federally declared fishing disaster. This Note argues that the recently proposed revisions to the Magnuson-Stevens Act allow for a balance between protecting our oceans and allowing the fishing industry to thrive again. This would help the Northeast fishing industry properly recover while preventing any further tragedies of the ...


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

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.


Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart Nov 2016

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

Eloisa C Rodríguez-Dod

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 ...


Inequalities And Prospects: Ethnicity And Legal Status In The Construction Labor After Hurricane Katrina, Patrick Vinck, Phuong N. Pham, Laurel E. Fletcher, Eric Stover Jul 2016

Inequalities And Prospects: Ethnicity And Legal Status In The Construction Labor After Hurricane Katrina, Patrick Vinck, Phuong N. Pham, Laurel E. Fletcher, Eric Stover

Laurel E. Fletcher

The arrival of Latino immigrant workers and the weakening of federal labor regulations after Hurricane Katrina raised concerns about labor conditions and workers’ rights. We carried out a survey of workers at 212 randomly selected addresses in the city of New Orleans, successfully interviewing 212 out of 351 workers approached (40% refusal rate). Workers were asked about their demographic, employment, and health characteristics, as well as violations of human rights they may have experienced. The survey was supplemented with in-depth qualitative interviews with Latino workers and key informants in Louisiana and Mississippi. Our study showed that Latino workers, particularly undocumented ...


Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel Sep 2015

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using ...


Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott Jul 2015

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 ...


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 ...


Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé Jan 2015

Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé

Fordham International Law Journal

No abstract provided.


Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott Dec 2014

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New ...


Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott Apr 2014

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described ...


Oil And Gas And Floods, Justin Pidot Mar 2014

Oil And Gas And Floods, Justin Pidot

University of Richmond Law Review

This symposium article has three goals. First, it seeks to draw attention to the pressing risks that natural disasters pose to energy infrastructure. It focuses on one type of natural disaster flooding and one variety of energy infrastructure-oil and natural gas. Natural disasters do not, however, discriminate and also pose broad risks to energy systems of all stripes. Second, the article seeks to provide examples of existing federal and state legal regimes that address to some extent the dangers floods pose to the oil and gas industry. As we shall see, the regulatory regimes I address are sparse and hardly ...


Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets Jan 2014

Coping With Climate: Legal Innovation In The Absence Of Full Reform, Robert R.M. Verchick, Faye Sheets

Robert R.M. Verchick

In the absence of a federal legislation directing government to adapt to the unavoidable effects of climate change, the Obama administration has put its faith in existing environmental laws like the Clean Air Act (“CAA”), the Endangered Species Act (“ESA”), and the National Environmental Policy Act (“NEPA”). But often federal objectives focus only on reducing greenhouse gases—what experts call “mitigation”—and neglect strategies for coping with the climate disruptions that we cannot avoid—otherwise known as “adaptation.” Where the federal policy falls short, states are beginning to experiment on their own with climate adaptation strategies. This essay examines both ...


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 ...


Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun Sep 2013

Disaster Law And Policy, Daniel Farber, Jim Chen, Robert Verchick, Lisa Grow Sun

Daniel A Farber

A unique and timely text in a burgeoning field, the Third Edition of Disaster Law and Policy takes a broad perspective that looks at the legal and political effects of disasters across the United States and around the world. Authors Daniel A. Farber, James Ming Chen, Robert R.M. Verchick, and Lisa Grow Sun examine the roles of lawyers and government in disaster prevention, emergency response, victim compensation, insurance, and rebuilding strategies. Materials include government reports, legal decisions, and readings drawn from a variety of disciplines. Memorable case studies and table-top exercises are added to help students evaluate and apply ...


Disaster Tradeoffs: The Doubtful Case For Public Necessity, Susan S. Kuo Jan 2013

Disaster Tradeoffs: The Doubtful Case For Public Necessity, Susan S. Kuo

Boston College Law Review

When government takes private property for a public purpose, the Fifth Amendment to the U.S. Constitution requires just compensation. Courts, however, have long recognized an exception to takings law for the destruction of private property when necessary to prevent a public disaster. In those circumstances, unless the state accepts an obligation to pay damages, individuals must bear their own losses. This Article contends that the public necessity defense should be rejected. First, the tight time frame and limited options typical in a disaster response threaten to obscure the crucial role of government in planning for disasters and mitigating vulnerability ...


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 ...