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Articles 1 - 16 of 16
Full-Text Articles in Disaster Law
Rising Tides And Shifting Sands: Inadequacies In American Climate Responses And An Urgent Call For A Federal Climate Adaptation Policy, Armand J. Avila
Rising Tides And Shifting Sands: Inadequacies In American Climate Responses And An Urgent Call For A Federal Climate Adaptation Policy, Armand J. Avila
Texas A&M Journal of Property Law
Climate change is an increasingly prevalent issue in policy discussions across the United States. Its effects can be observed and measured across ecosystems, industries, and legal jurisdictions, and it is felt in the homes of the people who live and work at the forefront of its impacts. Yet, the federal government’s current policies incentivize states, localities, and private citizens to make poor climate decisions and to put themselves at risk, leading to population growth and property development in some of the most at-risk areas of the country. At the same time, the federal government operates on an outdated disaster response …
Optimizing Disaster Preparedness Planning For Minority Older Adults: One Size Does Not Fit All, Omolola E. Adepoju, Luz E. Herrera, Minji Chae, Daikwon Han
Optimizing Disaster Preparedness Planning For Minority Older Adults: One Size Does Not Fit All, Omolola E. Adepoju, Luz E. Herrera, Minji Chae, Daikwon Han
Faculty Scholarship
By 2050, one in five Americans will be 65 years and older. The growing proportion of older adults in the U.S. population has implications for many aspects of health including disaster preparedness. This study assessed correlates of disaster preparedness among community-dwelling minority older adults and explored unique differences for African American and Hispanic older adults. An electronic survey was disseminated to older minority adults 55+, between November 2020 and January 2021 (n = 522). An empirical framework was used to contextualize 12 disaster-related activities into survival and planning actions. Multivariate logistic regression models were stratified by race/ethnicity to examine the …
Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Steering Loan Modifications Post-Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Faculty Scholarship
As part of federal and state relief programs created during the COVID-19 pandemic, many American households received pauses on their largest debts, particularly on mortgages and student loans. Others may have come to agreements with their lenders, likewise pausing or altering payment on other debts, such as auto loans and credit cards. This relief allowed households to allocate their savings and income to necessary expenses, like groceries, utilities, and medicine. But forbearance does not equal forgiveness. At the end of the various relief periods and moratoria, people will have to resume paying all their debts, the amounts of which may …
A Telehealth Explosion: Using Lessons From The Pandemic To Shape The Future Of Telehealth Regulation, Deborah Farringer
A Telehealth Explosion: Using Lessons From The Pandemic To Shape The Future Of Telehealth Regulation, Deborah Farringer
Texas A&M Law Review
From board rooms, to classrooms, to Saturday Night Live skits, the video conferencing app Zoom became a seemingly overnight sensation as a way to connect while businesses were shuttered and individuals were forced to stay at home when the coronavirus pandemic erupted in the United States in March 2020. From 10 million daily users in December 2019 to over 200 million daily users by March 2020, the company founded in 2011 became a market leader as the country tried to figure out how to continue business as usual—to the extent possible—during the global pandemic. While hospitals prepared for the onslaught …
It's A Trap!: Responsible Enforcement Of Texas Disaster Evacuation Orders, William S. Gribble
It's A Trap!: Responsible Enforcement Of Texas Disaster Evacuation Orders, William S. Gribble
Student Scholarship
We see emergencies within our lives and communities every day without much fanfare. However, when emergencies impact entire neighborhoods, communities, or regions, they become disasters. Depending on its severity, residents can be forced to flee in search of safety. Texas has had nearly five times the annual average of federal disaster declarations than that of any other state in the union. To manage emergencies and disasters, Texas law affords local governments numerous powers, including the authority to order evacuations. While many states have a single mechanism to enforce evacuation orders, Texas has both a civil (recovery of rescue expenses) and …
The Folly Of Credit As Pandemic Relief, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
The Folly Of Credit As Pandemic Relief, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Faculty Scholarship
Within weeks of the coronavirus pandemic appearing in the United States, the American economy came to a grinding halt. The unprecedented modern health crisis and the collapsing economy forced Congress to make a critical choice about how to help American families survive financially. Congress had two basic options. It could enact policies that provided direct and meaningful financial support to people, without the necessity of later repayment. Or it could pursue policies that temporarily relieved people from their financial obligations, but required that they eventually pay amounts subject to payment moratoria later.
In passing the CARES Act, Congress primarily chose …
The Debt Collection Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
The Debt Collection Pandemic, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Faculty Scholarship
As of May 2020, the United States' reaction to the unique and alarming threat of COVID-19 has partially succeeded in slowing the virus’s spread. Saving people’s lives, however, came at a severe economic cost. Americans’ economic anxiety understandably spiked. In addition to worrying about meeting basic expenses, people’s anxieties about money necessarily included what might happen if they could not cover already outstanding debts. The nearly 70 million Americans with debts already in collection faced heightened anxiety about their inability to pay.
The coronavirus pandemic is set to metastasize into a debt collection pandemic. The federal government can and should …
Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Cares Act Gimmicks: How Not To Give People Money During A Pandemic And What To Do Instead, Pamela Foohey, Dalié Jiménez, Christopher K. Odinet
Faculty Scholarship
The coronavirus pandemic upturned Americans’ lives. The profound financial effects caused by even a few weeks of the coronavirus’ upheaval spurred Congress to pass the CARES Act, which purported to provide economic relief to individuals and businesses. For individuals, the CARES Act includes five provisions that were effectively designed to provide people money. Chief among those provisions are a direct payment in the form of a tax rebate and enhanced employment benefits.
Ultimately, this financial support will prove to be shockingly minimal. The direct payments represent a fraction of the average American households’ monthly budget. The unemployment benefits, while providing …
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.” …
The Community Relations Service's Work In Preventing And Responding To Unfounded Racially And Religiously Motivated Violence After 9/11, Grande Lum
Texas A&M Journal of Property Law
On the morning of September 11, 2001, New York City-based Community Relations Service (“CRS”) Regional Director Reinaldo Rivera was at a New Jersey summit on racial profiling. At 8:46 a.m., an American Airlines 767 crashed into the North Tower of New York City’s World Trade Center. Because Rivera was with the New Jersey state attorney general, he quickly learned of the attack. Rivera immediately called his staff members, who at that moment were traveling to Long Island, New York, for an unrelated case. Getting into Manhattan had already become difficult, so Rivera instructed his conciliators to remain on standby. At …
Managing Hurricane (And Other Natural Disaster) Risk, Robert Jerry Ii
Managing Hurricane (And Other Natural Disaster) Risk, Robert Jerry Ii
Texas A&M Law Review
With the data showing that hurricanes are the most likely and serious of all of these disasters, we return to Hurricane Harvey. No one living in Texas—especially in the cities of Houston, Port Arthur, Bridge City, Rockport, Wharton, Conroe, Port Aransas, and Victoria, or more generally in the counties of Harris, Aransas, Nueces, Jefferson, Orange, Victoria, Calhoun, Matagorda, Brazoria, Galveston, Fort Bend, Montgomery, and Wharton—needs to be told that the U.S. needs a better approach to managing hurricane and other natural disaster risk, both in terms of pre-disaster planning and post-disaster recovery. Texans are not alone, as survivors of Hurricanes …
After The Storm: Understanding And Improving U.S. And Texas Disaster Recovery And Hazard Mitigation Policies, Augustus L. Campbell
After The Storm: Understanding And Improving U.S. And Texas Disaster Recovery And Hazard Mitigation Policies, Augustus L. Campbell
Texas A&M Journal of Property Law
Even as the number and effects of major disasters have steadily in- creased, government has played an increasingly large and central role in the response and recovery efforts after major disasters. Hurricane Harvey alone caused approximately $125 billion in economic losses. The federal government allocated over $136 billion in assistance for 2017 major disasters. Without adaptation and mitigation measures, researchers project that annual economic losses from storm, flood, and subsidence damage in the world’s coastal cities will average over $1 trillion per year by 2050. Even with adaptation and mitigation, annual losses in 2050 are still likely to exceed $60 …
"Hurricane" Sandy: A Case Study Of The Eastern District Of New York's Effort To Address Mass Litigation Resulting From The Effects Of Climate Change, Cheryl L. Pollak, Ramon E. Reyes Jr., Robyn Weinstein
"Hurricane" Sandy: A Case Study Of The Eastern District Of New York's Effort To Address Mass Litigation Resulting From The Effects Of Climate Change, Cheryl L. Pollak, Ramon E. Reyes Jr., Robyn Weinstein
Texas A&M Journal of Property Law
On the evening of October 29, 2012, “Hurricane” Sandy made land- fall on the New York coastline, battering the land with strong winds, torrential rain, and record-breaking storm surges. Homes and commercial structures were destroyed; roads and tunnels were flooded; and more than 23,000 people sought refuge in temporary shelters, with many others facing weeks without power and electricity. At the time, Sandy was heralded as one of the costliest hurricanes in the his- tory of the United States; the second costliest hurricane only to Katrina, which hit New Orleans in 2005. Unfortunately, recent experience with Hurricanes Florence, Maria, Harvey, …
Alternative Options For Resolution Of Property And Casualty Claims Arising Out Of Natural Disasters, Kimberly Taylor
Alternative Options For Resolution Of Property And Casualty Claims Arising Out Of Natural Disasters, Kimberly Taylor
Texas A&M Journal of Property Law
At the time of this Article, at least twelve large wildfires are burn- ing in California across more than 1,000 square miles, having damaged or destroyed over 2,000 structures, according to the California Department of Forestry and Fire Protection (CAL FIRE). At least eight people have lost their lives. The Kilauea volcano continues to erupt in Hawaii, having destroyed 600 homes. The 2018 hurricane season is in full swing, and while there have been no catastrophic events to date, residents in Houston, Florida, Puerto Rico, and elsewhere are still recovering from the devastating winds and rains wrought by Har- vey, …
The Preparedness Piñata: Knocking Out The Problems In Texas's Emergency Management Legal Framework To Enhance Performance At The Local Level, William S. Gribble
The Preparedness Piñata: Knocking Out The Problems In Texas's Emergency Management Legal Framework To Enhance Performance At The Local Level, William S. Gribble
Student Scholarship
Texas has a very comprehensive emergency management program that should be the envy of every state in the union. However, the manner in which we as a profession have achieved this may have inadvertently circumvented the proper administrative law procedures required in Texas. This has likely caused Texas to accidently engage in ad hoc rulemaking that--if left as is--could set the conditions to create a damaging friction between the state and municipal governments. That friction would erode the interoperability necessary to protect property and to save lives during a disaster. This Article provides: (1) a brief history of the development …
Operation Disaster Defender: A Multi-Disciplinary Approach To Preserving Access To Justice And Client Property Through Disaster Preparedness, William S. Gribble
Operation Disaster Defender: A Multi-Disciplinary Approach To Preserving Access To Justice And Client Property Through Disaster Preparedness, William S. Gribble
Student Scholarship
For centuries, the legal profession has prided itself on managing the impacts of crises and disasters for our clients. However, as disasters seem to be more commonplace than before, is the legal profession prepared to manage a crisis of its own? With the livelihood of nearly 79,0002 possibly at stake in the United States, shouldn't preparing for a disaster be one of our top priorities as a profession? Additionally, the professional responsibility rules and civil liability will likely not be completely suspended during a disaster. This means that individuals could possibly face discipline or civil liability for failing to prepare …