Law Commons^™

Big Little Lies: How Loopholes In The Small Business Act Allow Large Businesses To Profit, Halley Townsend

Washington and Lee Law Review Online

The Small Business Administration (SBA) was established by Congress to create and administer programs to help small businesses compete in the national economy. But far too often, large, sophisticated firms profit from SBA programs meant to assist the little guy. Currently, Congress legislates specific programs tailored towards one type of small business, and the SBA is responsible for implementing the program. This process has resulted in loopholes in the SBA’s enabling act that permit powerful businesses to qualify for SBA programs. This result is the opposite of what Congress intended.

Part II provides background and the history of the SBA. …

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

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

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 school …

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

Fordham Environmental Law Review

No abstract provided.

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 …

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

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.

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

Fordham International Law Journal

No abstract provided.

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 …

Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe

Pepperdine Law Review

No abstract provided.

A Tale Of Two Cities: Lessons Learned From New Orleans To The District Of Columbia For The Protection Of Vulnerable Populations From The Consequences Of Disaster, Laurie A. Morin

University of the District of Columbia Law Review

Like Paris before the French Revolution, New Orleans is a city of extremes. Visitors from around the world visit "the Big Easy" to sip chicory coffee and eat beignets in the French Quarter, listen to some of the country's best music at the jazz festival, and join one of the world's most famous parties during Mardi Gras. When Hurricane Katrina struck New Orleans in August 2005, it exposed the soft underbelly of New Orleans-the other side of the city where thousands of people, mostly African Americans, live in pockets of concentrated poverty unable to escape the consequences of decades of …

The Law Of International Disaster Response: Overview And Ramifications For Military Actors, David Fisher

International Law Studies

No abstract provided.

Global Disasters: Pakistan's Experience, Ikram Ul Haq

International Law Studies

No abstract provided.

A Practitioner's Reflections: The Ongoing Relevance Of The Pro Bono Response To 9/11, Ronald J. Tabak

Fordham Urban Law Journal

This article discusses the pro bono response to the horrendous events of 9/11 and its ongoing importance. This is not simply because these efforts could replicated or improved on as a response in the event of another catastrophe. More importantly, what was and was not accomplished and by whom, plus the spillover effects of 9/11-related pro bono efforts, all have great significance to efforts to increase "regular” pro bono activities.

Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis

Fordham Urban Law Journal

The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …

Normalcy After 9/11: Public Service As The Crisis Fades, Russell Engler

Fordham Urban Law Journal

The legal community's response to 9/11 was fast, thoughtful, comprehensive, creative, and collaborative. The success of the legal community's efforts must be measured not only by analysis of the response to the 9/11 crisis itself, but also by consideration of whether the lessons learned paved the way for an improved response for the legal community to the legal crises facing families every day. The Report on the New York City Bar's response to 9/11 outlined unmet legal needs, many of which still remain unmet. There is also a risk that those responding to the crisis were diverted from attending to …

Pro Bono In Times Of Crisis: Looking Forward By Looking Back, Deborah Rhode

Fordham Urban Law Journal

Thousands of lawyers donated their time in response to the crisis of 9/11, but many did not. A remaining challenge is to ensure that the vast majority of the legal profession views public service as an essential professional responsibility. This essay examines previous studies on the pro bono contributions of those in the legal profession and how the findings of those studies show what motivations and sustains lawyers' public service. Specifically, this essay examines pro bono legal assistance in response to the 9/11 crisis. The author explains that it is essential to give law students a sense of obligation in …

Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001

Fordham Urban Law Journal

The attacks on September 11, 2001 were unprecedented in scope, and the legal needs that grew out of the attacks were varied and far-reaching. This report summarizes the response of the legal community to these needs. The response was fast, thoughtful, comprehensive, and creative. And as a result, thousands of people were helped and thousands of lawyers were able to use their professional talents and skills in a manner that both led to important services being provided to people in need and resulted in great personal satisfaction. In response to 9/11, the institutions that make up the New York area …

National Depositor Preference: In An Attempt To Raise Revenue, Congress Completely Ignores A Potential Disaster, David J. Ratway

Nova Law Review

Until recently, the risk of a bank's insolvency was borne primarily by

the Federal Deposit Insurance Corporation ("FDIC").'

Mapping--The Missing Link In Reducing Risk Under Sara Iii, Ute J. Dymon

RISK: Health, Safety & Environment (1990-2002)

Dr. Dymon explains how maps can, e.g., hasten effective community responses to natural and artificial hazards and laments widespread failure to prepare and use hazard maps more extensively.