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Disaster Law Commons

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255 full-text articles. Page 1 of 11.

The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane 2023 Emory University School of Law

The Fresh Start Paradox: Economic Disaster Relief Available To Title 11 Debtors, Kellsie Davis Ruane

Emory Bankruptcy Developments Journal

The Small Business Administration (“SBA”) has been providing disaster relief in the form of Economic Injury Disaster Loans (“EIDLs”) since its inception in 1953. In the context of the COVID-19 pandemic, the CARES Act charged the SBA with issuing forgivable loans through the Paycheck Protection Program (“PPP”) to small businesses which would otherwise face permanent closure. Though the CARES Act did not specifically grant the SBA authority to do so, the SBA interpreted its powers to include the ability to set requirements for loan approval which were not laid out in the Act itself. Specifically, the SBA promulgated a rule …


Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor 2022 Villanova University Charles Widger School of Law

Wake Up And Smell The Smog: The Third Circuit Provides Clarity On Cercla's Federally Permitted Release Reporting Exemption In Clean Air Council V. United States Steel Corp., Zachary Lawlor

Villanova Environmental Law Journal

No abstract provided.


Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson 2022 Villanova University Charles Widger School of Law

Climate Change And The Threat To U.S. Jails And Prisons, Laurie L. Levenson

Villanova Environmental Law Journal

No abstract provided.


Newsletter, Fall 2022, 2022 University of Maryland Francis King Carey School of Law

Newsletter, Fall 2022

Newsletter

No abstract provided.


Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino 2022 University of Arkansas, Fayetteville

Plantain Cultivation In Puerto Rico: Its Inclusion In The National Crop Table Of The United States Department Of Agriculture’S Farm Service Agency, And Its Loss Compensation In Disaster Programs, Javier A. Rivera-Aquino

Journal of Food Law & Policy

If justice is to provide each person what they deserve, it seems plantain producers in Puerto Rico did not relish a just compensation for their farm losses after Hurricane Maria in 2017. The main culprit? Stale data. Farm Service Agency’s (FSA) Wildfire and Hurricanes Indemnity Program (WHIP) utilized plantain production data under the National Crop Table (NCT) 2017, which seemingly did not reflect up-to-date yield averages of Puerto Rico’s plantain farmers at the time of Hurricane Maria.


Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe, Laura S. Underkuffler 2022 Northwestern Pritzker School of Law

Challenging Equality: Property Loss, Government Fault, And The Global Warming Catastrophe, Laura S. Underkuffler

Northwestern University Law Review

One of the bedrock principles of American property law is that all property owners and all property are protected equally. We do not believe—when it comes to compensation for loss—that poor owners are compensated rigidly and rich owners are not, or that property in private homes is protected rigidly and property in commercial or industrial structures is not. When it comes to compensation due to public or private fault, we believe in absolute equality. Equal treatment of property is at the heart of the liberal state and is the promise of American property law.

This Essay challenges that bedrock idea. …


American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures, John Fabian Witt 2022 University of St. Thomas, Minnesota

American Contagions: Unexpected Pasts, Unwieldy Presents, And Contested Futures, John Fabian Witt

University of St. Thomas Law Journal

No abstract provided.


The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts", Robin Fretwell Wilson 2022 University of St. Thomas, Minnesota

The Covid-19 Worship Cases Lessons For Governors In Democratic Governance And Transparency Over "Edicts", Robin Fretwell Wilson

University of St. Thomas Law Journal

No abstract provided.


The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz 2022 University of St. Thomas, Minneapolis

The Dangers Of Being Disabled In The Time Of Covid, Elizabeth R. Schiltz

University of St. Thomas Law Journal

No abstract provided.


Thomas Aquinas On Tyrannicide, Dr. Charles J. Reid Jr. 2022 University of St. Thomas School of Law, Minnesota

Thomas Aquinas On Tyrannicide, Dr. Charles J. Reid Jr.

University of St. Thomas Law Journal

No abstract provided.


Eviction Courts, Kathryn A. Sabbeth 2022 University of St. Thomas, Minnesota

Eviction Courts, Kathryn A. Sabbeth

University of St. Thomas Law Journal

No abstract provided.


Covid-19, Churches, And Culture Wars, John Inazu 2022 University of St. Thomas, Minnesota

Covid-19, Churches, And Culture Wars, John Inazu

University of St. Thomas Law Journal

No abstract provided.


Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher 2022 University of St. Thomas, Minnesota

Pandemics In Indian Country: The Making Of The Tribal State, Matthew L.M. Fletcher

University of St. Thomas Law Journal

No abstract provided.


Juvenile Protection Courts And The Pandemic: A View From Inside Out, Felice Batlan 2022 University of St. Thomas, Minnesota

Juvenile Protection Courts And The Pandemic: A View From Inside Out, Felice Batlan

University of St. Thomas Law Journal

No abstract provided.


Housing Instability And Covid-19, Courtney Lauren Anderson 2022 University of St. Thomas, Minnesota

Housing Instability And Covid-19, Courtney Lauren Anderson

University of St. Thomas Law Journal

No abstract provided.


Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink 2022 California Western School of Law

Sidelined Again: How The Government Abandoned Working Women Amidst A Global Pandemic, Jessica Fink

Faculty Scholarship

Among the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than …


Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull 2022 University of Pennsylvania Carey Law School

Pandemic Governance, Yanbai Andrea Wang, Justin Weinstein-Tull

Boston College Law Review

The COVID-19 pandemic created an unprecedented need for governance by a multiplicity of authorities. The nature of the pandemic—globally communicable, uncontrolled, and initially mysterious—required a coordinated response to a common problem. But the pandemic was superimposed atop our existing decentralized and uncoordinated governance structures, and the result was devastating: the United States led the world in COVID-19 infections and deaths. COVID-19’s effects have been particularly destructive for communities of color, women, and intersectional populations.

This Article makes sense of the early pandemic response by distilling a typology for the predominant intergovernmental relationships that emerged, some conflictual and some collaborative. Governments …


Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros 2022 University of Minnesota Law School

Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros

Minnesota Journal of Law, Science & Technology

No abstract provided.


Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando 2022 University of Cincinnati College of Law

Mitigating The Discretion Disaster: How Changes In The Law Can Help Fema Effectuate Its Critical Mission, Paul G. Rando

University of Cincinnati Law Review

No abstract provided.


Resilience Re-Examined: Thoughts On The Covid-19 Pandemic's Lessons For Communities, John Travis Marshall 2022 Georgia State University College of Law

Resilience Re-Examined: Thoughts On The Covid-19 Pandemic's Lessons For Communities, John Travis Marshall

Journal of Comparative Urban Law and Policy

Prompted by this century’s major disasters, many local governments have adopted policies, plans, and laws to help guide their response to future natural hazard events. Some communities have prepared plans informed by their firsthand experience with recent catastrophic storms. Other communities have speculated about potential disaster scenarios; they have imagined the work involved in rebuilding their towns following an event that would threaten residents’ homes, health, and livelihoods. COVID-19 gives communities reason to reshape thinking around natural hazards planning. The ongoing pandemic should cause local governments to revisit and rework their plans for facilitating community recovery following a disaster. By …


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