Disaster Law Commons^™

Should Bp Be Liable For Economic Losses Due To The Moratorium On Oil Drilling Imposed After The "Deepwater Horizon" Accident?, Steven Shavell

Vanderbilt Law Review

In the aftermath of the Deepwater Horizon accident and the BP oil spill, the government imposed a moratorium on deepwater oil drilling in the Gulf of Mexico. The issue addressed here is whether, on grounds of policy, BP should be held responsible for moratorium- related economic losses. The answer that is developed is no. The reason, in essence, is that, although the spill caused the moratorium, the moratorium might be viewed as a socially beneficial event on net because its purpose was to avert a significant danger.

Organizational Apologies: Bp As A Case Study, Erin O'Hara O'Connor

Vanderbilt Law Review

This Article examines the conduct of BP executives in the weeks following the Deepwater Horizon oil spill to illuminate the use of apology by organizations. After briefly describing the value of apology and its nuances from an evolutionary perspective, the Article describes how apology and other responsibility-accepting behaviors can be mobilized by organizations to avoid the costs of its apparently careless conduct. In particular, organizations can designate particular agents as spokespersons who possess the ability to portray a sense of sincerity and regret. Moreover, reconciliation by ingroup members appears to be more common than is reconciliation by outgroup members, likely …

A Global Panopticon - The Changing Role Of International Organizations In The Information Age, Jennifer Shkabatur

Michigan Journal of International Law

The outbreaks of Severe Acute Respiratory Syndrome (SARS) in 2002-2003 and Swine Flu (H1N1) in 2009 captured a great deal of global attention. The swift spread of these diseases wreaked havoc, generated public hysteria, disrupted global trade and travel, and inflicted severe economic losses to countries, corporations, and individuals. Although affected states were required to report to the World Health Organization (WHO) events that may have constituted a public health emergency, many failed to do so. The WHO and the rest of the international community were therefore desperate for accurate, up-to-date information as to the nature of the pandemics, their …

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain

Michigan Journal of Gender & Law

The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from the devastating consequences of humanitarian emergencies. There is also recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are overrepresented in the refugee and internally displaced communities that typically result from many humanitarian crises. Women bear acute care responsibilities in most societies and also disproportionately bear familial and communal care responsibilities in communities …

Katrina's Animal Legacy: The Pets Act, Marita Mike, Rebecca Mike, Clark J. Lee

Homeland Security Publications

This article discusses issues related to the federal Pets Evacuation and Transportation Standards Act of 2006 (PETS Act), which was signed into law in the aftermath of Hurricane Katrina. Issues discussed in this article include:

1. Various problems concerning animal evacuations and sheltering that Hurricane Katrina brought to light;
2. Provisions of the PETS Act and related laws and policies which were developed in response to the tragedies brought about by Hurricane Katrina; and
3. Strengths and weaknesses of the PETS Act and recommends next steps to improve implementation of the PETS Act.

Engaging The Legal Academy In Disaster Response, Davida Finger, Anne Sikes Hornsby, Susan S. Kuo, Rachel A. Van Cleave, Laila Hlass

Faculty Scholarship

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …

Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres

Faculty Publications By Year

In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium …

After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann

Articles

The Gulf oil spill was the worst environmental disaster in U.S. history, and will be the most significant criminal case ever prosecuted under U.S. environmental laws. The Justice Department is likely to prosecute BP, Transocean, and Halliburton for criminal violations of the Clean Water Act and the Migratory Bird Treaty Act, which will result in the largest fines ever imposed in the United States for any form of corporate crime. The Justice Department also may decide to pursue charges for manslaughter, false statements, and obstruction of justice. The prosecution will shape public perceptions about environmental crime, for reasons that are …