BerkeleyLaw Library

"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.

"My testimony is organized in terms of three points in time. First, I discuss observations made by some researchers and practitioners concerning the ways in which post-September 11 policy and programmatic changes were adversely affecting FEMA's ability to respond in future major disaster events. Second, I briefly review assessments of FEMA's performance during hurricane Katrina, as well as post-Katrina reforms. Third, I suggest changes that have the potential for enhancing FEMA's ability to reduce losses in future disaster events. With little notice in terms of developing testimony, I have relied a great deal on my own experience and writings. Nonetheless, I believe that my comments accurately reflect what many in the research and practice communities have observed over the past six years."—Testimony.