This set of audio files contains presentations by Adam Doerr, Opening Remarks; Ben Depoorter: "Political Externalities & the Response of Government to Disasters"; Richard Schmalbeck and Ellen Aprill: "Disaster Relief, Tax Policy, and the Federal Action Imperative";
Commentaries by Arti Rai and Lawrence Zelenak;
Jim Rossi: "State Executive Lawmaking in Crisis" Presentation and Q&A; Keynote Speaker: Dr. Robert Kadlec; "Risk Assessment and the Hazards of Hindsight" Discussion and Q&A with Matthew Adler, Douglas Kysar, and Thomas McGarity.
"This monograph looks at our country's federal and legal system and how it has been used in other kinds of crises, to offer a framework from which to address new threats. It begins by describing the laws Congress has established for dealing with disasters, emergencies and acts of war, then looks at the President's inherent authority for dealing with unanticipated crises, and at state and local emergency powers. Finally, it explores what legal liability may attach to those who respond to an emergency. The monograph identifies relevant statutory authority and case law, to define the limits of what acts government may reasonably initiate and what acts may be found unreasonable by the courts." —Introduction.
"America builds on the edge of disaster prone areas: on moveable barrier islands, fragile coastal ecosystems, shorelines subject to inundation, and next to flammable forests. Ferocious storm events focus local and national attention in the tragic moment and during short-term recovery efforts; then, too often, we return to business as usual, continuing to build and rebuild on the edge. 'Losing Ground' provides effective perspectives and prescriptions for longer-term disaster mitigation planning and action. Authors from a variety of disciplines (including law, history, geography, environmental science, and urban planning) review past policies and practices, the lessons learned from previous disasters, current approaches to disaster planning and recovery, an assessment of the proper roles and responsibilities of various levels of government in the federal system, new legal and technological tools, and a review of innovations in disaster mitigation.
"Oliver A. Houck, a renowned professor of law from Tulane University, provides a preface from the perspective of a post-Katrina New Orleans: 'Perhaps, the most striking aspect of the post-Katrina Gulf Coast, from Alabama to Texas, is the rush to rebuild in exactly the same places, a few feet back, a few feet higher, more high priced investment than ever before. Two lane bridges are replaced by six lane bridges. Modest beach homes are replaced by condominiums. The hurricane has led to a construction boom. As the Gross National Product measures these things, the hurricanes were a huge success. What is wrong with this picture?.' "—Publisher's Description.
"While dams have multiple benefits (as well as some financial and environmental
costs), they also present a risk to public safety and economic infrastructure. This risk
stems from two sources: the likelihood of a dam failure, and the damage it would
cause. While dam failures are infrequent, age, construction deficiencies, inadequate
maintenance, and seismic or weather events contribute to the likelihood. To reduce
the risk, regular inspections are necessary to identify potential problems. Corrective
action then can be taken to remedy those deficiencies. Congress is often called upon
to fund remedial actions, as a way to prevent the larger catastrophes. The 110th
Congress will likely see proposals for improving dam safety and may oversee
existing safety programs."—Summary.
