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Full-Text Articles in Disaster Law
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano
University of Michigan Journal of Law Reform
The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …
Disaster Mitigation Through Land Use Strategies, John R. Nolon
Disaster Mitigation Through Land Use Strategies, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
The persistent question this book raises is who should decide whether and how to mitigate the damages caused by natural disasters. Our understandable preoccupation with response, recovery, and rebuilding makes it hard to focus on this question as a central, even relevant, one. But it persists, nonetheless. The high-profile “blame game” played following Hurricane Katrina’s devastation of the Gulf Coast is emblematic. In pointing fingers first at the Federal Emergency Management Agency (FEMA), then at the city of New Orleans, and then at the state of Louisiana, public officials exhibited an appalling lack of understanding of the roles that each …