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Disasters & the Law

UC Berkeley School of Law

14 entriesexpand all

+Analytic Services, Inc., Homeland Security Institute

The Homeland Security Institute (HSI) is a Studies and Analysis Federally Funded Research and Development Center established pursuant to Section 312 of the Homeland Security Act of 20021. HSI delivers independent and objective analyses and advises in core areas important to its sponsor in support of policy development, decision-making, analysis of alternative approaches, and evaluation of new ideas on issues of significance.

+California Center for Environmental Law & Policy (CCELP), Disaster Law and the Legal Academy: Curriculum, Research and Law Reform (Report on a Workshop Held at U.C. Berkeley Law School, June 25, 2007) (September 2007) (PDF — 204K)

"The legal system ostensibly plays a central role in disaster prevention, response, and management. Attorneys, members of the judiciary, and decision-makers at every level of government must anticipate and respond to disasters in a coordinated manner. It is increasingly clear, however, that the law is woefully unprepared to handle disasters. A growing community of academics recognizes this problem, and is formulating solutions under the rubric of disaster law. This emerging legal academic field encompasses a wide-ranging, intra- and inter-disciplinary body of thought, research and dialogue which seeks to inform and improve disaster-related decision-making.

"On June 25th, 2007, eighteen law professors and legal practitioners who count disasters among their primary research interests, gathered at U.C. Berkeley Law School to chart disaster law's course for the immediate and long-term future. Appendix A, Workshop Participants and Agenda. Over the course of the day, participants highlighted a wide variety of important intellectual concerns and potential problem-solving strategies regarding disaster management.

"In a series of productive discussions, participants first addressed central normative issues of disaster law, including terminology and the role of the legal academy. The group then addressed four sub-areas of disaster law: international collaboration, social justice, compensation and insurance, and prevention and response. Participants' recommendations for action included the creation of an annual disaster law conference, the integration of disaster law into law teaching, and an increased internet presence.

"This white paper, a record of the milestone June 25th workshop, is intended as a tool for use by disaster law practitioners and academics in mapping the direction and future of the field."—Executive Summary.

+Center for Catastrophic Risk Managment (University of California, Berkeley), Center for Catastrophic Risk Managment (University of California, Berkeley)

"The Center for Catastrophic Risk Management (CCRM) is part of the University's response to recent disasters—and our efforts to anticipate future ones.... Their goal: to improve the safety and resilience of physical and social infrastructure in the face of disaster. Their mission: through multidisciplinary research, teaching and outreach, to help societies cope better with catastrophic hazards including hurricane, tornado, flood, tsunami, earthquake, volcano, landslide, wildfire, pandemic, industrial accident, chemical spill, blackout and terrorism attack. Preparations for catastrophic events come in many forms: disaster prevention and preparedness; urban infrastructure renewal and resilience; emergency decision-making; public health crisis management; recovery of impacted communities; domestic security; environmental management after crisis."—About CCRM.

+Issues in Legal Scholarship, Berkeley Electronic Press (bePress), Catastrophic Risks: Prevention, Compensation, and Recovery

"This symposium provides a forum for scholars to begin conceptualizing a new field of legal scholarship devoted to catastrophic risks. It is hard to think of anything equally important that has received so little sustained attention from lawyers and law professors. Hurricane Katrina involved over a thousand deaths and $100 billion in losses. There is no reason to consider Katrina the 'worst case scenario.' Yet, scholars have not yet systematically addressed the legal and policy issues posed by major disasters. Ultimately, the goal should be assembling the best portfolio of social policies, institutions, and legal rules to deal with catastrophic risks—a portfolio that includes prevention measures, mitigation incentives, emergency response strategies, liability rules, insurance, and reconstruction planning. In this symposium, papers by legal scholars and policy analysts will address these as well as other issues relating to this critically important subject."—Dan Farber, Editor, Introduction. Access to this bepress journal requires a subscription.

+National Wildlife Federation (NWF), Increased Flooding Risk: Global Warming's Wakeup Call for Riverfront Communities (2009) (PDF — 2.19 MB)

"Global warming has caused more heavy rainfall events in the United States over the last few decades along with an increased likelihood of devastating floods. While no single storm or flood can be attributed directly to global warming, changing climate conditions are at least partly responsible for past trends. Because warmer air can hold more moisture, heavier precipitation is expected in the years to come. At the same time, shifts in snowfall patterns, the onset of spring, and river-ice melting may all exacerbate flooding risks." — Cover Page

+Natural Hazards Review, Natural Hazards Review

"The Natural Hazards Review stands on the realization that natural disaster losses result from interactions between the physical world, the constructed environment, and the character of the societies and people who occupy them. The journal is dedicated to bringing together the physical, social, and behavioral sciences; engineering; and the regulatory and policy environments to provide a forum for cutting edge, holistic, and cross-disciplinary approaches to natural hazards loss and cost reduction.... Social and behavioral sciences topics addressed include a range of issues related to hazard mitigation and human response as well as significant issues related to the built environment such as land use, building standards, and the role of financial markets and insurance."—Aim and Scope.

+Nolon, John, Losing Ground: A Nation on Edge (Island Press) (2007)

"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.

+Peek, Lori (Editor), Children, Youth and Environments Center for Research and Design, Special Issue: Children and Disasters Children, Youth and Environments Journal, v. 18, no.1 (2008)

This special issue includes a collection of 20 papers from around the world, 4 book reviews, a media review and and an annotated compilation of resources focusing on children and youth before, during and after disasters occur.

+Posner, Richard A., Catastrophe: Risk and Response

"Catastrophes, whether natural or man-made, that could destroy the human race are often dismissed as alarmist or fanciful, the stuff of science fiction. In fact the risk of such disasters is real, and growing. A collision with an asteroid that might kill a quarter of humanity in 24 hours and the rest soon after; irreversible global warming that might flip, precipitating "snowball earth;" voraciously replicating nanomachines; a catastrophic accident in a particle accelerator that might reduce the earth to a hyperdense sphere 100 meters across; a pandemic of gene-spliced smallpox launched by bioterrorists; even conquest by superintelligent robots-all these potential extinction events, and others, are within the realm of the possible and warrant serious thought about assessment and prevention. They are attracting the concern of reputable scientists-but not of the general public or the nation's policymakers. How should the nation and the world respond to disaster possibilities that, for a variety of psychological and cultural reasons, people find it hard to wrap their minds around? Richard Posner shows that what is needed is a fresh, thoroughly interdisciplinary perspective that will meld the insights of lawyers, economists, psychologists, and other social scientists with those of the physical sciences. Responsibility for averting catastrophe cannot be left either to scientists or to politicians and other policymakers ignorant of science. As in many of his previous books, Posner brings law and the social sciences to bear on a contemporary problem--in this case one of particular urgency. Weighing the risk and the possible responses in each case, Posner shows us what to worry about and what to dismiss, and discusses concrete ways of minimizing the most dangerous risks. Must we yield a degree of national sovereignty in order to deal effectively with global warming? Are limitations on our civil liberties a necessary and proper response to the danger of bioterror attacks? Would investing more heavily in detection and interception systems for menacing asteroids be money well-spent? How far can we press cost-benefit analysis in the design of responses to world-threatening events? Should the institutional framework of science policy be altered? Do we need educational reform? Is the interface of law and science awry? These are but a few of the issues canvassed in this fascinating, disturbing, and necessary book." -Product Description

+Sunstein, Cass, Worst-Case Scenarios

"Nuclear bombs in suitcases, anthrax bacilli in ventilators, tsunamis and meteors, avian flu, scorchingly hot temperatures: nightmares that were once the plot of Hollywood movies are now frighteningly real possibilities. How can we steer a path between willful inaction and reckless overreaction?

"Cass Sunstein explores these and other worst-case scenarios and how we might best prevent them in this vivid, illuminating, and highly original analysis. Singling out the problems of terrorism and climate change, Sunstein explores our susceptibility to two opposite and unhelpful reactions: panic and utter neglect. He shows how private individuals and public officials might best respond to low-probability risks of disaster--emphasizing the need to know what we will lose from precautions as well as from inaction. Finally, he offers an understanding of the uses and limits of cost-benefit analysis, especially when current generations are imposing risks on future generations.

"Throughout, Sunstein uses climate change as a defining case, because it dramatically illustrates the underlying principles. But he also discusses terrorism, depletion of the ozone layer, genetic modification of food, hurricanes, and worst-case scenarios faced in our ordinary lives. Sunstein concludes that if we can avoid the twin dangers of over-reaction and apathy, we will be able to ameliorate if not avoid future catastrophes, retaining our sanity as well as scarce resources that can be devoted to more constructive ends." —Publisher's Description.

+Tierney. Kathleen; Christine Bevc; Erica Kuligowski, Metaphors Matter: Disaster Myths, Media Frames, and Their Consequences in Hurricane Katrina The ANNALS of the American Academy of Political and Social Science 2006; 604; 57 (PDF — 116 KB)

This article "concerns the promulgation of disaster myths by the media during and following Hurricane Katrina. Because analyses on data collected in Katrina’s aftermath are still ongoing, the article contains only preliminary observations, presented primarily in the form of examples from major press outlets that illustrate key points." — Introduction

+United States Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC), Public Health Law Materials

"Law is a traditional public health tool for disease prevention and health promotion. For many traditional public health problems, both acute and chronic, the role of law has been crucial in attaining public health goals, even rivaling the roles of epidemiology and laboratory science. Many of the greatest successes claimed by public health, such as high childhood immunization rates, improved motor vehicle safety, safer workplaces, and reduced tooth decay, have relied heavily on law. In the past few years, law has played an important role in the control of emerging health problems such as SARS and the threat of pandemic influenza.

"In 2000, CDC formally recognized the important role of law in public health by establishing the CDC Public Health Law Program. We are located in the Office of the Chief of Public Health Practice in the CDC Office of the Director. Our mission is to improve the health of the public through law. Our strategic goals are to: develop the legal preparedness of the public health system to address terrorism and other national public health priorities; improve the understanding and use of law as a public health tool; and establish robust partnerships to join public health practitioners with partners in key law-related sectors, such as elected officials and the legal and law enforcement communities.

"The program works to: strengthen the competencies of public health professionals, attorneys, and other practitioners to apply law to public health and increase the number of attorneys active in public health; support and conduct applied research in public health law and translate findings into practice; provide consultation and analysis in public health law to CDC programs and extramural constituents; establish partnerships among CDC and other organizations active in public health law and assist in strengthening their public health law capacity and expertise; and develop and disseminate authoritative information on public health law to the public health practice, policy, research, and education communities."—Website.

+University of Pennsylvania, Congressional Quarterly, and The Communications Institute (sponsors), Lessons from Hurricane Katrina: National Symposium on Risk and Disasters (December 1, 2005) (conference website)

"Hurricane Katrina not only devastated a large area of the Gulf Coast, it also raised fundamental questions about how the nation can-and should-deal with the fundamental problems of risk and responsibility.

"Nearly 300 leaders from government, business, and nonprofit organizations and journalists from throughout the nation attended the National Symposium in the Cannon House Office Building on Capitol Hill December 1, 2005, sponsored by the University of Pennsylvania, Congressional Quarterly, and The Communications Institute.

"Symposium Goals - The Symposium objectively examined the aftermath of Hurricane Katrina on nearly every sector of society and involving leading experts from many of the nation's leading academic and research institutions as well as leaders from government and business and senior journalists.

"The National Symposium reviewed critical questions that must be addressed in coping with future risks and disasters: How can we best assess and prepare for the events we are most likely to face?;How can we develop the best strategies for reducing their costs and improving our response?;Who should do what-what partnerships can we build among the public, private, and nonprofit sectors, and what glue can we provide to make those partnerships stick?; How should we, as a society, weigh the question of who bears the costs?; How do we deal with the important issues of equity and fairness, and how can we create mechanisms to resolve these issues as efficiently as possible?"— Conference Website.

Website contains related publications.

+Wharton Risk Management and Decision Processes Center, Wharton Risk Management and Decision Processes Center

"The mission of the Wharton Risk Management and Decision Processes Center is to carry out a program of basic and applied research to promote effective policies and programs for low-probability events with potentially catastrophic consequences. The Center is especially concerned with natural and technological hazards and with the integration of industrial risk management policies with insurance. The Center is also concerned with promoting a dialogue among industry, government, interest groups and academics through its research and policy publications and through sponsored workshops, roundtables and forums."