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Articles 1 - 16 of 16
Full-Text Articles in Disaster Law
Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks
Climate Change Impacts On Municipal Negligence Liability In Rhode Island, Manta Dircks
Sea Grant Law Fellow Publications
No abstract provided.
Collective Coercion, Benjamin Means, Susan S. Kuo
Collective Coercion, Benjamin Means, Susan S. Kuo
Faculty Publications
When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their own decisions. On the other hand, the law might empower a central authority to decide, thereby solving a problem of collective action in order to maximize the group’s shared interests.
The tension between these two approaches creates deep uncertainty for the regulation of collective-choice situations. It …
The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch
The Deepwater Horizon Oil Spill Litigation: Proof Of Concept For The Manual For Complex Litigation And The 2015 Amendments To The Federal Rules Of Civil Procedure, John C. Cruden, Steve O'Rourke, Sarah D. Himmelhoch
Michigan Journal of Environmental & Administrative Law
On April 20, 2010, the oil rig Deepwater Horizon exploded in the Gulf of Mexico, killing eleven people and injuring seventeen more. Efforts to stop the spill failed. For the next eighty-seven days, hundreds of millions of barrels of oil poured into the Gulf. This catastrophe not only changed the lives of the families of the dead and injured and the communities who experienced the economic and social disruption of the spill – it challenged the survival of the ecosystem of the ninth largest water body in the world. The oil spill extended fifty miles offshore from Louisiana in the …
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Seattle University Law Review
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …
Making Sense Of 'Public' Emergencies, François Tanguay-Renaud
Making Sense Of 'Public' Emergencies, François Tanguay-Renaud
François Tanguay-Renaud
In this article, I seek to make sense of the oft-invoked idea of ‘public emergency’ and of some of its (supposedly) radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio Agamben, and argue for a more discriminating understanding of the category and its moral force.
Weather Modification: A Modest Proposal, Lawrence A. Weirs
Weather Modification: A Modest Proposal, Lawrence A. Weirs
Georgia Journal of International & Comparative Law
No abstract provided.
Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano
Proactive Natural Disaster Recovery And Resilience In The Northeast: Should Governments Exercise Buyout Programs And, If Necessary, Eminent Domain, To Prevent Disaster?, Stellina Napolitano
Pace Environmental Law Review
In light of the devastation left behind by the three most recent natural disasters in the northeast region—Hurricane Irene, Tropical Storm Lee, and Superstorm Sandy—local and state governments are now implementing “buyout programs” in order to protect the future of beachfront and flood-prone communities. These programs may not be a perfect solution, so, while positions differ on whether to pursue taking private properties by use of eminent domain, it may be a favorable option in order to attain the ultimate goal of safety and resilience against future disaster. Section II of this paper will analyze the background and impacts that …
Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa
Flint Drinking Water Contamination: Frames Of Reference, Clifford J. Villa
Faculty Scholarship
Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.
Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle
Lessons For New York: Comparative Urban Governance And The Challenge Of Climate Change, Andrea Mcardle
Fordham Urban Law Journal
No abstract provided.
Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan
Mwcog And Infragardncr Key To Government Engagement With Private Sector Critical Infrastructure Stakeholders, Christopher Ryan
Homeland Security Publications
No abstract provided.
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
New Challenges For Urban Areas Facing Flood Risks, Debbie M. Chizewer, A Dan Tarlock
Fordham Urban Law Journal
No abstract provided.
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, 39 Seattle U. L. Rev. 1199 (2016), Olympia Duhart, Hugh Mundy
UIC Law Open Access Faculty Scholarship
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …
Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski
Three Years Later, Sandy Survivors Remain Homeless, Melissa H. Luckman, Daniel Strafer, Christina Lipski
Touro Law Review
No abstract provided.
The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
The Perverse Effects Of Subsidized Weather Insurance, Omri Ben-Shahar, Kyle D. Logue
Articles
This Article explores the role of insurance as a substitute for direct regulation of risks posed by severe weather. In pricing the risk of human activity along the predicted path of storms, insurance can provide incentives for efficient location decisions as well as for cost-justified mitigation efforts in building construction and infrastructure. Currently, however, much insurance for severe-weather risks is provided and heavily subsidized by the government. This Article demonstrates two primary distortions arising from the government’s dominance in these insurance markets. First, existing government subsidies are allocated differentially across households, resulting in a significant regressive redistribution favoring affluent homeowners …
Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell
Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell
LLM Theses
Infectious diseases have recently found renewed significance in Canadian scholarship, with a corresponding increased interest in Canada's overall preparedness, including legal preparedness, to combat infectious disease emergencies. Nearly every Canadian province has emergency legislation containing a "basket clause" - a provision which, for the duration of an emergency, authorizes a decision maker to take 'all necessary measures' to defeat it. Public health legal preparedness scholarship has not yet examined what criteria the decision maker must consider before deciding to deploy measures that could seriously impact the rights of individuals, including those under the Canadian Charter of Rights and Freedoms. This …
Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French
Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French
Christopher C. French