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Disasters & the Law: Katrina & Beyond (Elective Series)
 
 
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Disasters & the Law: Katrina & Beyond (Elective Series) [Paperback]

Daniel A. Farber (Author), James Chen (Author)


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Book Description

0735562288 978-0735562288 September 12, 2006
Recent hurricanes and other natural disasters demonstrate serious gaps in the legal system and its ability to respond to events of this magnitude. Innovative policies are needed if society is to deal effectively with the aftermath of these disasters and the risk of future ones. Disasters and the Law: Katrina and Beyond studies disaster response, prevention, and mitigation strategies. By integrating knowledge and experience from fields as diverse as urban planning, bankruptcy law, and wetlands law, the authors talk about the legal process in disaster response and reconstruction. Past responses to Hurricane Andrew, the terrorist attacks of September 11th, 2001 and the Loma Prieta Earthquake also are discussed along with a history of U.S. disaster response efforts.<p class=copymedium>The book examines a wide range of issues and engages in provocative discussion of such topics as: <li class=copymedium>The goals and limits of Federal and military involvement in civilian and domestic support and our expectations of a swift and multi-layered response from government in times of a crisis versus government and private sector capabilities<li class=copymedium>Medicaid issues raised by the hurricane such as the New York Disaster Relief Medicaid waiver granted in response to the September 11 terrorist attacks and current federal legislation related to Medicaid and Hurricane Katrina relief efforts.<li class=copymedium>Environmental issues such as the Army Corps of Engineers' work on levee constructions and the controversy over environmental litigation's role in the Corps' projects, as well as the future re-construction on floodplains.<li class=copymedium>Issues concerning health care, communications, law enforcement, and evacuation.</ul><p class=copymedium>¿Katrina alone will involve at least a hundred billion dollars in compensation, insurance, and rebuilding efforts, and lawyers will be heavily involved for at least the remainder of the decade in disputes over these funds. Unfortunately, there is no reason at all to think that Katrina is the last word on disasters. At first glance, disaster law seems to be nothing but a collection of legal rules of various kinds that happen to come into play when communities have suffered severe physical damage. But at a deeper level, disaster law is about assembling the best portfolio of legal rules to deal with catastrophic risks ¿ a portfolio that includes prevention, emergency response, compensation and insurance, and rebuilding strategies. Because of this unifying theme, we think that the topic is deserving of serious law school attention even beyond its newsworthy qualities.¿ Dan Farber

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Editorial Reviews

From the Author

"Katrina alone will involve at least a hundred billion dollars in compensation, insurance, and rebuilding efforts, and lawyers will be heavily involved for at least the remainder of the decade in disputes over these funds. Unfortunately, there is no reason at all to think that Katrina is the last word on disasters. At first glance, disaster law seems to be nothing but a collection of legal rules of various kinds that happen to come into play when communities have suffered severe physical damage. But at a deeper level, disaster law is about assembling the best portfolio of legal rules to deal with catastrophic risks - a portfolio that includes prevention, emergency response, compensation and insurance, and rebuilding strategies. Because of this unifying theme, we think that the topic is deserving of serious law school attention even beyond its newsworthy qualities." Dan Farber

About the Author

Daniel A. Farber is a Professor of Law at the University of California at Berkeley; Jim Chen is a Professor of Law at the University of Minnesota.

Product Details

  • Paperback: 380 pages
  • Publisher: Aspen Publishers (September 12, 2006)
  • Language: English
  • ISBN-10: 0735562288
  • ISBN-13: 978-0735562288
  • Product Dimensions: 9.8 x 6.9 x 0.9 inches
  • Shipping Weight: 1.4 pounds
  • Amazon Best Sellers Rank: #1,654,685 in Books (See Top 100 in Books)

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
catastrophic incident annex, direct active use, state dam safety programs, gouging laws, immediate response authority, state dam safety officials, national response plan, principal federal official, domestic incident management, emergency protective measures, major disaster declaration, national incident management system, compact shall, emergency support functions, pandemic flu, disaster law, flood maps, flood control system, mandatory evacuation, coordinating officer, emergency management system, social vulnerability, flood insurance program, mining debris, public housing residents
Key Phrases - Capitalized Phrases (CAPs): (learn more)
New Orleans, United States, Stafford Act, Red Cross, Posse Comitatus Act, Hurricane Andrew, Department of Defense, Insurrection Act, Supreme Court, National Guard, Air Force, President Bush, South Carolina, New York, Army Corps of Engineers, Department of Homeland Security, Federal Emergency Management Agency, Fifth Amendment, Secretary of Homeland Security, White House, Lower Ninth, State of Louisiana, Indian Ocean, Lake Pontchartrain, Clean Air Act
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