What To Do With America's Nuclear Defense Waste: The Hanford Effect,
2013
George Washington University
What To Do With America's Nuclear Defense Waste: The Hanford Effect, Joseph A. Cohen
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013),
2013
UIC School of Law
Climate Change Adaptation And Land Use: Exploring The Federal Role, 47 J. Marshall L. Rev. 509 (2013), Alice Kaswan
UIC Law Review
No abstract provided.
The Compromised Cargo Container: Terror In A Box,
2013
Barry University
The Compromised Cargo Container: Terror In A Box, Taylor Simpson-Wood
Faculty Scholarship
No abstract provided.
Disaster Tradeoffs: The Doubtful Case For Public Necessity,
2013
University of South Carolina - Columbia
Disaster Tradeoffs: The Doubtful Case For Public Necessity, Susan S. Kuo
Faculty Publications
When government takes private property for a public purpose, the Fifth Amendment to the U.S. Constitution requires just compensation. Courts, however, have long recognized an exception to takings law for the destruction of private property when necessary to prevent a public disaster. In those circumstances, unless the state accepts an obligation to pay damages, individuals must bear their own losses. This Article contends that the public necessity defense should be rejected. First, the tight time frame and limited options typical in a disaster response threaten to obscure the crucial role of government in planning for disasters and mitigating vulnerability. Second, …
Unique Coverage Issues In Flood Losses,
2013
University of Missouri - Kansas City, School of Law
Unique Coverage Issues In Flood Losses, Wayne D. Taylor, Arthur J. Park, Sean O'Brien
Faculty Works
No abstract provided.
Toward Comprehensive Reform Of America's Emergency Law Regime,
2013
University of Michigan Law School
Toward Comprehensive Reform Of America's Emergency Law Regime, Patrick A. Thronson
University of Michigan Journal of Law Reform
Unbenownst to most Americans, the United States is presently under thirty presidentially declared states of emergency. They confer vast powers on the Executive Branch, including the ability to financially incapacitate any person or organization in the United States, seize control of the nation's communications infrastructure, mobilize military forces, expand the permissible size of the military without congressional authorization, and extend tours of duty without consent from service personnel. Declared states of emergency may also activate Presidential Emergency Action Documents and other continuity-of-government procedures, which confer powers on the President-such as the unilateral suspension of habeas corpus-that appear fundamentally opposed to …
Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics,
2013
University of Essex
Reconceptualizing States Of Emergency Under International Human Rights Law: Theory, Legal Doctrine, And Politics, Scott P. Sheeran
Michigan Journal of International Law
States of emergency are today one of the most serious challenges to the implementation of international human rights law (IHRL). They have become common practice and are associated with severe human rights violations as evidenced by the Arab Spring. The international jurisprudence on states of emergency is inconsistent and divergent, and what now constitutes a public emergency is ubiquitous. This trend is underpinned by excessive judicial deference and abdication of the legal review of states' often dubious claims of a state of emergency. The legal regime, as positively expressed in international human rights treaties, does not adequately reflect the underlying …
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability,
2013
University of Michigan Law School
Deferred Prosecution And Non-Prosecution Agreements And The Erosion Of Corporate Criminal Liability, David M. Uhlmann
Articles
On April 5, 2010, a massive explosion killed twenty-nine miners at Massey Energy's Upper Big Branch mine near Montcoal, West Virginia. Following the explosion, President Barack Obama vowed that the U.S. Department of Labor would conduct "the most thorough and comprehensive investigation possible" and work with the U.S. Department of Justice ("Justice Department" or the "Department") to address any criminal violations. Later in the month, the President and Vice President flew to West Virginia to eulogize the victims and comfort their families. It was the nation's worst coal mining disaster in forty years. The tragic loss of life at the …
Disaggregating Disasters,
2013
BYU Law
Disaggregating Disasters, Lisa Grow Sun, Ronnell Andersen Jones
Faculty Scholarship
In the years since the September 11 attacks, scholars and commentators have criticized the emergence of both legal developments and policy rhetoric that blur the lines between war and terrorism. Unrecognized, but equally as damaging to democratic ideals—and potentially more devastating in practical effect—is the expansion of this trend beyond the context of terrorism to a much wider field of nonwar emergencies. Indeed, in recent years, war and national security rhetoric has come to permeate the legal and policy conversations on a wide variety of natural and technological disasters. This melding of disaster and war for purposes of justifying exceptions …
Small Business Disaster Assistance,
2013
Boston University School of Law
Small Business Disaster Assistance, Peggy Maisel, Natalie Roman
Faculty Scholarship
When a disaster hits, it affects the entire community. A small business is especially vulnerable because it does not necessarily have the resources to respond to a disaster or to catastrophic damage. In fact, it is reported that approximately 25 percent of small businesses that close due to a disaster never reopen, and 40 percent of small businesses hit directly by a serious natural disaster do not recover. This is true regardless of what kind of disaster is involved, from a hurricane, a tornado, an earthquake, flooding, winter storms, or even civil unrest or terrorism.
/="/">
/="/">Small businesses experience …
Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002,
2012
University of Arkansas, Fayetteville
Food And Agricultural Security Strategy And Its Implementation Under Public Health Security And Bioterrorism Preparedness And Response Act Of 2002, Vivek V. Nemane
Journal of Food Law & Policy
The U.S. agricultural system can be described as concentrated, specialized and industrialized. A typical food chain generally involves agricultural production, storage, processing and distribution. In the U.S. agricultural and food system, most production, distribution and processing is done in a consolidated and centralized manner.
Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster,
2012
University of Washington School of Law
Corporate Liability, Government Liability, And The Fukushima Nuclear Disaster, Eri Osaka
Washington International Law Journal
This article focuses on the liability issues arising from the Fukushima nuclear disaster. The radioactivity released from the Fukushima Dai-ichi Nuclear Power Plant inflicted catastrophic harm to people, industries, and the environment. Under Japanese law, a nuclear operator bears strict, channeling, and unlimited liability for nuclear damage unless the damage is caused by a grave natural disaster of an exceptional character. This article concludes the Great East Japan Earthquake and tsunami that triggered this nuclear accident do not fall within this exemption because neither of them were unforeseeable nor far beyond the design basis for the reactors at the plant. …
Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia,
2012
University of Washington School of Law
Introduction: The Fukushima Dai-Ichi Nuclear Disaster And The Future Of Nuclear Energy Programs In Japan And East Asia, Hiroshi Fukurai
Washington International Law Journal
On March 11, 2011, a massive 9.0 magnitude quake and powerful tsunami slammed the northeastern region of Japan. Huge seismic activities knocked out the power at the Fukushima Dai-ichi Nuclear Power Plant, and ensuing tidal waves disabled the backup generators for cooling systems to the active reactors. This triggered a series of hydrogen explosions and released dangerously high levels of radioactive particles into the atmosphere. The Japanese government declared a nuclear emergency, due to the worst nuclear crisis in Japanese history, and decided to evacuate 140,000 residents within twenty kilometers of the plant to various relocation centers
Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises,
2012
University of Michigan Law School
Viewer Discretion Is Advised: Disconnects Between The Marketplace Of Ideas And Social Media Used To Communicate Information During Emergencies And Public Health Crises, Peter Maggiore
Michigan Telecommunications & Technology Law Review
In a sense, social media has become the ideal manifestation of the "Marketplace of Ideas" (hereinafter "Marketplace") that Chief Justice Oliver Wendell Holmes articulated. The Marketplace concept will be discussed in greater detail below, but in brief, it is the theory that truth will surface over falsehoods when all opinions and ideas are freely expressed, because the value or worth of that opinion or idea will be determined on the market of public opinion. Part I of this Note will examine the Marketplace concept through the works of various legal and philosophical theorists. Chief among them is Frederick Schauer's work …
Crisis Management: Principles That Should Guide The Disposition Of Federally Owned, Foreclosed Properties,
2012
Georgia State University College of Law
Crisis Management: Principles That Should Guide The Disposition Of Federally Owned, Foreclosed Properties, Raymond Brescia, Elizabeth A. Kelly, John Travis Marshall
Faculty Publications By Year
Residential home values in the United States have fallen considerably from their highs in the mid-2000s. This has had profound effects on consumer wealth and spending, creating a significant drag on the U.S. economy. What is worse, this loss in values corresponded with a steep rise in unemployment, which started in late 2007, and has yet to fall considerably. The loss in home values has wreaked havoc on household finances, and bank ledgers, as the outstanding principles of the mortgages those banks hold and service all too often exceed the current value of the homes against which they are secured. …
The Wrong Track, Baby - How Damage To Gay Youth Was Borne This Way: Via Ideologically Bound Law Reviews Publishing "Hopey Changey Stuff',
2012
Western State University College of Law
The Wrong Track, Baby - How Damage To Gay Youth Was Borne This Way: Via Ideologically Bound Law Reviews Publishing "Hopey Changey Stuff', David Gröshöff
Cardozo Journal of Equal Rights & Social Justice
The article critiques the use of flawed, ideologically driven legal scholarship in court cases involving LGBTQ+ rights, particularly in the context of adoption and foster parenting. It highlights how such scholarship, often published in law reviews with inadequate peer review, has been used to discriminate against LGBTQ+ individuals. The analysis focuses on the work of George Rekers and Paul Cameron, whose research was cited in court cases to argue against LGBTQ+ parenting rights, despite significant methodological flaws and ethical violations. The article underscores the need for rigorous ethical standards and peer review in legal scholarship to prevent the perpetuation of …
Proving Corporate Criminal Liability For Negligence In Vessel Management And Operations: An Allision-Oil Spill Case Study,
2012
University of Washington School of Law
Proving Corporate Criminal Liability For Negligence In Vessel Management And Operations: An Allision-Oil Spill Case Study, Craig H. Allen
Articles
Maritime policy analysts often invoke the "vessel safety net" metaphor to explain the independent, but overlapping, risk management roles and responsibilities of the vessel master and crew, owner and charterer, operating company, classification society, flag state and port states. Oil spills from the 2002 M/T Prestige break up off the coast of Galicia, Spain, the 2007 M/V Cosco Busan bridge allision in San Francisco Bay and the 2010 Deepwater Horizon debacle in the Gulf of Mexico, among others, demonstrate that any or all of the components of that safety net may come under scrutiny following a marine casualty, possibly leading …
Organizational Apologies: Bp As A Case Study,
2011
Vanderbilt University Law School
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 …
Should Bp Be Liable For Economic Losses Due To The Moratorium On Oil Drilling Imposed After The "Deepwater Horizon" Accident?,
2011
Vanderbilt University Law School
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.
A Global Panopticon - The Changing Role Of International Organizations In The Information Age,
2011
Harvard University
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 …
