Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Insurance (2)
- Japan (2)
- 9/11 (1)
- Bargaining (1)
- Coase (1)
-
- Common law (1)
- Costs of movement (1)
- Damages (1)
- David Shaffer (1)
- Default rules (1)
- Disaster management (1)
- Earthquake (1)
- Emergency relief (1)
- France (1)
- Fukushima (1)
- Fukushima nuclear reactor accident (1)
- Natural disasters (1)
- Nuclear energy (1)
- Pigou (1)
- Prediction (1)
- Preparedness (1)
- Risk (1)
- September 11 terrorist attack (1)
- Social insurance (1)
- TLO (1)
- Terence C. Halliday (1)
- Torts (1)
- Transaction costs (1)
- Transnational legal norms (1)
- Tsunami (1)
Articles 1 - 3 of 3
Full-Text Articles in Public Administration
Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish
Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish
All Faculty Scholarship
This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies governing …
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman
All Faculty Scholarship
Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in some ways cause for …
Fractured Markets And Legal Institutions, Herbert J. Hovenkamp
Fractured Markets And Legal Institutions, Herbert J. Hovenkamp
All Faculty Scholarship
This article considers how we can improve legal outcomes of conflicts that occur in very small arenas. The conflicts can be of many kinds, including a nuisance dispute between neighbors, an impending collision between two moving vehicles, a joint decision between spouses about whether or on what terms to continue their marriage, or a disagreement between managers and shareholders within a firm.
The prevailing literature typically refers to these small environments as “markets.” Thinking of them as markets, however, averts our attention from larger environments that should be considered but that often do not function well as private markets. For …