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Disaster Law Commons

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Journal

2018

Discipline
Institution
Keyword
Publication

Articles 1 - 10 of 10

Full-Text Articles in Disaster Law

"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 Dec 2018

"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 Dec 2018

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, …


After The Storm: Understanding And Improving U.S. And Texas Disaster Recovery And Hazard Mitigation Policies, Augustus L. Campbell Dec 2018

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 …


Safety From Flawed Forensic Sciences Evidence, Boaz Sangero Aug 2018

Safety From Flawed Forensic Sciences Evidence, Boaz Sangero

Georgia State University Law Review

This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system …


Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson Jul 2018

Taking Away The Tightrope: Fixing The National Flood Insurance Program Circus Via Eminent Domain, Alexander S. Mendelson

Brooklyn Law Review

As Harvey, Irma, Maria and other major 2017 storms washed upon the shores of the United States, millions of people across the nation in major cities and rural areas alike found their possessions, their homes, and sadly in many cases their lives, washed away with the storms. The destructive hurricane season came just as Congress began to consider the reauthorization of the National Flood Insurance Program (NFIP), a federal system of subsidized flood insurance created to fill a void left by private insurers in the 1960s. Extreme weather events such as these illustrate the need for such a program and …


Judge Merhige's Environmental Decisions: Expert Handling Of Groundbreaking Environmental Rulings And Complex Federal Jurisdictional Questions, Jim Vines May 2018

Judge Merhige's Environmental Decisions: Expert Handling Of Groundbreaking Environmental Rulings And Complex Federal Jurisdictional Questions, Jim Vines

University of Richmond Law Review

It is a special privilege for me to contribute to this edition of the University of Richmond Law Review honoring Judge Robert R. Merhige, Jr. Here, I seek to highlight his contributions to United States environmental law. In 1988 and 1989, I was one of two recent law school graduates who clerked for Judge Merhige (“please call me by my first name; it’s ‘Judge’”). The Judge was a larger than life figure. As a federal trial judge, historically important and intellectually challenging cases seemed to find their way into his court in a volume not matched in many other federal …


Restoring Power: A Law School’S Response To A Superstorm, Melissa H. Luckman, Patricia R. Sturm Jan 2018

Restoring Power: A Law School’S Response To A Superstorm, Melissa H. Luckman, Patricia R. Sturm

Journal of Experiential Learning

No abstract provided.


The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor Jan 2018

The Development Of Emergency Planning For People With Disabilities Through Ada Litigation, 51 J. Marshall L. Rev. 819 (2018), Barry Taylor

UIC Law Review

No abstract provided.


Sink Or Sell: Using Real Estate Purchase Options To Facilitate Coastal Retreat, Richard T. Henderson Jan 2018

Sink Or Sell: Using Real Estate Purchase Options To Facilitate Coastal Retreat, Richard T. Henderson

Vanderbilt Law Review

Despite the political contention surrounding climate change, scientists almost universally agree that sea levels are rising and will continue to do so. In light of this inevitability, commentators and policymakers have begun to recognize that retreat-the withdrawal of people and development from coastal areas will become necessary, at least in certain areas. Even so, many still question the viability of retreat given the exorbitant economic, political, and legal costs it generally faces. In particular, hardline opposition to retreat runs strong among many coastal landowners. This Note introduces a device for implementing retreat with the potential to overcome these obstacles: real …


Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till Jan 2018

Saving Grace: The Role Of Religious Organizations In Disaster Recovery And The Constitutionality Of Federal Funding To Rebuild Them, Cheslea Till

SMU Law Review

Natural disasters are on the rise and religious organizations, the same organizations that came to victims’ rescue in the wake of the last natural disaster, are often left in the path of destruction. Under President Trump’s administration, FEMA recently amended its disaster assistance program to provide funding for religious organizations. Opponents argue this amendment is a violation of the Establishment Clause, while proponents argue the amended plan finally gives religious organizations the fair treatment they deserve. This new aid program needs to be modified and restricted. Though there is clear precedent to support providing some Public Assistance funding to religious …