Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (19)
- Law and Society (11)
- Disaster Law (9)
- Human Rights Law (7)
- Social and Behavioral Sciences (6)
-
- Civil Rights and Discrimination (5)
- Immigration Law (5)
- Natural Resources Law (5)
- Other Law (5)
- Arts and Humanities (4)
- Constitutional Law (4)
- Legal Education (4)
- Legislation (4)
- Public Affairs, Public Policy and Public Administration (4)
- State and Local Government Law (4)
- Civil Law (3)
- Health Law and Policy (3)
- International Law (3)
- Land Use Law (3)
- Legal Profession (3)
- Torts (3)
- Administrative Law (2)
- Architecture (2)
- Business Organizations Law (2)
- Commercial Law (2)
- Education (2)
- Emergency and Disaster Management (2)
- Legal Ethics and Professional Responsibility (2)
- Legal Remedies (2)
- Institution
-
- Selected Works (9)
- Fordham Law School (7)
- SelectedWorks (7)
- Columbia Law School (5)
- Roger Williams University (3)
-
- University of Wollongong (3)
- Beirut Arab University (2)
- Nova Southeastern University (2)
- Pace University (2)
- U.S. Naval War College (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- BLR (1)
- California Western School of Law (1)
- Cornell University Law School (1)
- Florida International University College of Law (1)
- Georgetown University Law Center (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Mitchell Hamline School of Law (1)
- Pepperdine University (1)
- SJ Quinney College of Law, University of Utah (1)
- Seattle University School of Law (1)
- St. Mary's University (1)
- Texas A&M University School of Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts School of Law (1)
- University of Nebraska - Lincoln (1)
- University of New Hampshire (1)
- University of Richmond (1)
- University of the District of Columbia School of Law (1)
- Publication Year
- Publication
-
- Faculty Scholarship (6)
- Fordham Urban Law Journal (5)
- Sabin Center for Climate Change Law (4)
- Matthew Scott (3)
- BAU Journal - Society, Culture and Human Behavior (2)
-
- Elisabeth Haub School of Law Faculty Publications (2)
- Faculty of Law, Humanities and the Arts - Papers (Archive) (2)
- International Law Studies (2)
- Life of the Law School (1993- ) (2)
- Richard Faulk (2)
- Scholarly Works (2)
- Cornell Law Faculty Publications (1)
- Daniel A Farber (1)
- Eloisa C Rodríguez-Dod (1)
- ExpressO (1)
- Faculty Publications (1)
- Faculty of Law - Papers (Archive) (1)
- Fordham Environmental Law Review (1)
- Fordham International Law Journal (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Hofstra Law Review (1)
- Lance Gable (1)
- Laurel E. Fletcher (1)
- Matthew D Ekins (1)
- Michael J Gil (1)
- Nebraska College of Law: Faculty Publications (1)
- Nehal A. Patel (1)
- Nova Law Review (1)
- Pepperdine Law Review (1)
- Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 65
Full-Text Articles in Law
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica K. Fink
Faculty Scholarship
Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …
Big Little Lies: How Loopholes In The Small Business Act Allow Large Businesses To Profit, Halley Townsend
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
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 Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez
Disaster Vulnerability, Lisa Grow, Brigham Daniels, Douglas M. Spencer, Chantel Sloan, Natalie Blades, Teresa Gomez
Publications
Vulnerability drives disaster law, yet the literature lacks both an overarching analysis of the different aspects of vulnerability and a nuanced examination of the factors that shape disaster outcomes. Though central to disaster law and policy, vulnerability often lurks in the shadows of a disaster, evident only once the worst is past and the bodies have been counted. The COVID-19 pandemic is a notable exception to this historical pattern: from the beginning of the pandemic, it has been clear that the virus poses different risks to different people, depending on vulnerability variables. This most recent pandemic experience thus provides a …
Disaster And Socio-Cultural Impact: Between Social Representations And Resiliencecatastrophe Et Impact Socio-Culturel: Entre Représentations Sociales Et Résilience, Abdelfettah N. Idrissi
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
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
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
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
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.” …
State Hazard Mitigation Plans & Climate Change: Rating The States 2019 Update, Dena P. Adler, Emma Gosliner
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 many …
Changing The National Flood Insurance Program For A Changing Climate, Dena Adler, Michael Burger, Rob Moore, Joel Scata
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 use decisions …
Determining Climate Responsibility: Government Liability For Hurricane Katrina?, Teresa Chan, Michael Burger, Vincent Colatriano, John Echeverria
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 a …
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
Alternative Spring Break 2018 Report, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Prison Preparedness And Legal Obligations To Protect Prisoners During Natural Disasters, William Omorogieva
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 …
Heat Waves: Legal Adaptation To The Most Lethal Climate Disaster (So Far), Michael B. Gerrard
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 …
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
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
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
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.
Evaluating Katrina: A Snapshot Of Renters’ Rights Following Disasters, Eloisa Rodriguez-Dod, Olympia Duhart
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 legislation …
Inequalities And Prospects: Ethnicity And Legal Status In The Construction Labor After Hurricane Katrina, Patrick Vinck, Phuong N. Pham, Laurel E. Fletcher, Eric Stover
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
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 the thought …
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 …
Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie
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 displaced: evacuated …
Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé
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
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 Zealand …
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott
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 a …
Oil And Gas And Floods, Justin Pidot
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
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 approaches, mitigation and …
Conclusion: Reflections On The Rhythms Of Internationalisation In Post-Disaster Japan, Vera Mackie
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 …