简介
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
目录
Table Of Contents:
Preface xix
Acknowledgements xxi
Introduction 1(18)
The White House, The Federal Response to Hurricane Katrina: Lessons Learned 2(3)
United States Senate Committee on Homeland Security and Governmental Affairs, Hurricane Katrina: A Nation Still Unprepared 5(14)
Federalism 19(34)
Federalism as Friend or Foe? 19(5)
Stephen Griffin, Did the Constitution Fail New Orleans? 20(2)
Notes and Questions 22(2)
The Federal Statutory Framework 24(29)
Stafford Act 25(1)
Congressional Research Service Memorandum, Hurricane Katrina---Stafford Act Authorities and Actions by Governor Blanco and President Bush to Trigger Them 25(7)
Notes 32(2)
Posse Comitatus Act 34(1)
United States v. Red Feather 35(2)
Notes and Questions 37(5)
Statutory Exceptions to the Posse Comitatus Act 42(1)
Insurrection Act 43(1)
Notes and Questions 44(3)
Nonstatutory Exceptions to the Posse Comitatus Act 47(3)
Reforming the Insurrection Act? 50(1)
Posse Comitatus and the Military's Role in Disaster Relief 50(3)
John A. McCarthy
Randall Jackson
Maeve Dion
Emergency Response 53(56)
Federal Emergency Response Plans 54(24)
The Katrina Response as a Legacy of September 11, 2001 54(1)
Homeland Security Presidential Directive/HSPD-5 55(3)
Note 58(1)
The White House, The Federal Response to Hurricane Katrina: Lessons Learned 59(4)
Notes and Questions 63(2)
The National Response Plan: A New Framework for Homeland Security, Public Health, and Bioterrorism Response 65(1)
Brian Kamoie
Notes 66(2)
The Post-September 11 Framework in Action 68(1)
U.S. House of Representatives, A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 69(2)
Notes and Questions 71(3)
U.S. House of Representatives, A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 74(4)
Notes and Questions 78(1)
State and Regional Emergency Response Authority 78(15)
State Emergency Response Authority 79(1)
State, Local, and First Responder Issues 79(3)
Ernest B. Abbott
Otto J. Hetzel
Alan D. Cohn
Notes and Questions 82(2)
Multijurisdictional Response Authority 84(1)
Emergency Management Assistance Compact 84(6)
Notes and Questions 90(1)
U.S. House of Representatives, A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 90(1)
Notes and Questions 91(2)
Reforming the Law of Emergency Response 93(16)
Disaster Response and Appointment of a Recovery Czar: The Executive Branch's Response to the Flood of 1927 93(6)
Kevin R. Kosar
Notes and Questions 99(5)
United States Senate Committee on Homeland Security and Governmental Affairs, Hurricane Katrina: A Nation Still Unprepared 104(3)
Note 107(2)
Social Vulnerability 109(52)
Disasters as a Function of Injustice 109(10)
Theresa Braine, Was 2005 the Year of Natural Disasters? 110(3)
Notes and Questions 113(3)
Human Rights Center, University of California, Berkeley, After the Tsunami: Human Rights of Vulnerable Populations 116(1)
Notes and Questions 117(2)
The Scars of Race, Class, and Injustice 119(17)
The Geography of Social Vulnerability: Race, Class, and Catastrophe 120(2)
Susan L. Cutter
Notes and Questions 122(9)
U.S. Department of Health and Human Services, Developing Cultural Competence in Disaster Mental Health Programs: Guiding Principles and Recommendations 131(3)
Notes 134(2)
Sex, Age, and Immigrant Status 136(8)
Sex: Women and Women's Contributions to Post-Disaster Recovery 136(1)
Women and Girls Last? Averting the Second Post-Katrina Disaster 136(1)
Elaine Enarson
Notes and Questions 137(1)
Age: Children and the Elderly 138(1)
Hurricane Katrina: Social-Demographic Characteristics of Impacted Areas 138(2)
Thomas Gabe
Gene Falk
Maggie McCarty
Notes and Questions 140(1)
Alienage and Immigration 141(1)
Ruth Ellen Wasem, Katrina-Related Immigration Issues and Legislation 142(2)
Note 144(1)
Price-Gouging After Natural Disasters 144(6)
Price Increases in the Aftermath of Hurricane Katrina: Authority to Limit Price Gouging 145(1)
Angie A. Welborn
Aaron M. Flynn
Notes and Questions 146(2)
United States v. Commodities Trading Corp. 148(1)
Note 149(1)
International Human Rights Law as a Model for Domestic Reform 150(11)
Sound and Fury: Katrina and the ``Refugees'' Debate 151(1)
Donna E. Arzt
Time for the United States to Honor International Standards in Emergencies 152(1)
Roberta Cohen
Notes and Questions 153(1)
Guiding Principles on Internal Displacement 154(7)
Compensation and Risk Spreading 161(40)
Methods of Compensating Victims 162(16)
Financial Compensation for Catastrophic Loss in the United States 162(8)
Robert L. Rabin
Suzanne A. Bratis
Notes 170(1)
Paterno v. State of California 170(3)
Notes 173(1)
United States v. James 174(3)
Notes 177(1)
Flood Insurance 178(7)
Federal Emergency Management Agency: Oversight and Management of the National Flood Insurance Program 179(2)
William O. Jenkins, Jr.
Notes 181(1)
Rising Waters: The National Flood Insurance Program and Louisiana 182(3)
Oliver A. Houck
Notes 185(1)
Private Insurance 185(8)
Hurricane Katrina: Insurance Losses and National Capacities for Financing Disaster Risk (Sept. 15, 2005) 185(4)
Notes 189(1)
Press Release: Attorney General Jim Hoood Files Complaint and Motion for Temporary Restraining Order Against Insurance Industry to Protect Mississippi's Victims of Hurricane Katrina 190(1)
Notes 191(2)
Designing Insurance for Catastrophic Risk 193(8)
Tax Deductions for Catastrophic Risk Insurance Reserves: Explanation and Economic Analysis, September 2, 2005 193(2)
David L. Brumbaugh
Rawle O. King
Financial Compensation for Catastrophic Loss in the United States 195(3)
Robert L. Rabin
Suzanne A. Bratis
Notes 198(3)
Prevention and Mitigation 201(30)
Forms of Mitigation 201(9)
Hurricanes Katrina and Rita: Using Mitigation to Rebuild a Safer Gulf Coast (Sept. 9, 2005) 202(4)
Notes 206(1)
California Coastal Commission, Natural History of Fire & Flood Cycles Post Fire Mitigation Efforts 206(4)
Jack Ainsworth
Troy Alan Doss
Notes 210(1)
Preserving Buffer Zones 210(3)
The Center for Progressive Regulation, An Unnatural Disaster: The Aftermath of Hurricane Katrina (Sept. 2005) 210(2)
Notes 212(1)
Land Use Controls 213(13)
OxfamAmerica, Weathering the Storm: Lessons in Risk Reduction from Cuba (Apr. 2004) 214(5)
Martha Thompson
Izaskun Gaviria
Notes 219(2)
Lucas v. South Carolina Coastal Council 221(5)
Notes 226(1)
Incentives 226(5)
GAO, Oversight and Management of the National Flood Insurance Program (Oct. 20, 2005) 226(3)
Notes 229(2)
Rebuilding New Orleans 231(42)
Why Rebuild? How Much? 231(7)
The Economics of Rebuilding Cities: Reflections After Katrina 231(3)
Robert W. Hahn
Notes 234(1)
Should the Government Rebuild New Orleans, or Just Give Residents Checks? 234(3)
Edward L. Glaeser
Notes 237(1)
Reconstructing the Flood Control System 238(10)
Congressional Research Service, Coastal Louisiana Ecosystem Restoration: The Recommended Corps Plan (April 11, 2005) 239(4)
Notes 243(1)
Can We Save New Orleans? 244(4)
Oliver Houck
Notes 248(1)
Land Acquisition 248(12)
Kelo v. City of New London 249(6)
Notes 255(1)
Bring New Orleans Back Commission Urban Planning Committee, Action Plan for New Orleans, Final Report, January 11, 2006 256(3)
Notes 259(1)
Housing 260(13)
From the Lake to the River: The New Orleans Coalition for Legal Aid & Disaster Relief, Report to Mayor Nagin's Bring New Orleans Back Commission 260(11)
Notes 271(2)
Beyond Katrina 273(44)
Other Flood Risks 274(14)
California Department of Resources, Flood Warnings: Responding to California's Flood Crisis (Jan. 2005) 274(3)
Notes 277(1)
Congressional Research Service, Aging Infrastructure: Dam Safety (Sept. 2005) 278(10)
Notes 288(1)
Pandemics 288(10)
Congressional Research Service, Pandemic Influenza: Domestic Preparedness Efforts (November 10, 2005) 288(9)
Notes 297(1)
Climate Change 298(19)
Center for Health and the Global Environment, Harvard Medical School, Climate Change Futures: Health, Ecological, and Economic Dimensions (Nov. 2005) 298(9)
Notes 307(1)
The U.S. Performance in Achieving its 1992 Earth Summit Global Warming Commitments 308(3)
Donald A. Brown
Notes 311(1)
State Law Responses to Global Warming: Is It Constitutional to Think Globally and Act Locally? 312(3)
David R. Hodas
Notes 315(2)
Table of Cases 317(4)
Table of Authorities 321(12)
Glossary of Acronyms 333(4)
Index 337
Preface xix
Acknowledgements xxi
Introduction 1(18)
The White House, The Federal Response to Hurricane Katrina: Lessons Learned 2(3)
United States Senate Committee on Homeland Security and Governmental Affairs, Hurricane Katrina: A Nation Still Unprepared 5(14)
Federalism 19(34)
Federalism as Friend or Foe? 19(5)
Stephen Griffin, Did the Constitution Fail New Orleans? 20(2)
Notes and Questions 22(2)
The Federal Statutory Framework 24(29)
Stafford Act 25(1)
Congressional Research Service Memorandum, Hurricane Katrina---Stafford Act Authorities and Actions by Governor Blanco and President Bush to Trigger Them 25(7)
Notes 32(2)
Posse Comitatus Act 34(1)
United States v. Red Feather 35(2)
Notes and Questions 37(5)
Statutory Exceptions to the Posse Comitatus Act 42(1)
Insurrection Act 43(1)
Notes and Questions 44(3)
Nonstatutory Exceptions to the Posse Comitatus Act 47(3)
Reforming the Insurrection Act? 50(1)
Posse Comitatus and the Military's Role in Disaster Relief 50(3)
John A. McCarthy
Randall Jackson
Maeve Dion
Emergency Response 53(56)
Federal Emergency Response Plans 54(24)
The Katrina Response as a Legacy of September 11, 2001 54(1)
Homeland Security Presidential Directive/HSPD-5 55(3)
Note 58(1)
The White House, The Federal Response to Hurricane Katrina: Lessons Learned 59(4)
Notes and Questions 63(2)
The National Response Plan: A New Framework for Homeland Security, Public Health, and Bioterrorism Response 65(1)
Brian Kamoie
Notes 66(2)
The Post-September 11 Framework in Action 68(1)
U.S. House of Representatives, A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 69(2)
Notes and Questions 71(3)
U.S. House of Representatives, A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 74(4)
Notes and Questions 78(1)
State and Regional Emergency Response Authority 78(15)
State Emergency Response Authority 79(1)
State, Local, and First Responder Issues 79(3)
Ernest B. Abbott
Otto J. Hetzel
Alan D. Cohn
Notes and Questions 82(2)
Multijurisdictional Response Authority 84(1)
Emergency Management Assistance Compact 84(6)
Notes and Questions 90(1)
U.S. House of Representatives, A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina 90(1)
Notes and Questions 91(2)
Reforming the Law of Emergency Response 93(16)
Disaster Response and Appointment of a Recovery Czar: The Executive Branch's Response to the Flood of 1927 93(6)
Kevin R. Kosar
Notes and Questions 99(5)
United States Senate Committee on Homeland Security and Governmental Affairs, Hurricane Katrina: A Nation Still Unprepared 104(3)
Note 107(2)
Social Vulnerability 109(52)
Disasters as a Function of Injustice 109(10)
Theresa Braine, Was 2005 the Year of Natural Disasters? 110(3)
Notes and Questions 113(3)
Human Rights Center, University of California, Berkeley, After the Tsunami: Human Rights of Vulnerable Populations 116(1)
Notes and Questions 117(2)
The Scars of Race, Class, and Injustice 119(17)
The Geography of Social Vulnerability: Race, Class, and Catastrophe 120(2)
Susan L. Cutter
Notes and Questions 122(9)
U.S. Department of Health and Human Services, Developing Cultural Competence in Disaster Mental Health Programs: Guiding Principles and Recommendations 131(3)
Notes 134(2)
Sex, Age, and Immigrant Status 136(8)
Sex: Women and Women's Contributions to Post-Disaster Recovery 136(1)
Women and Girls Last? Averting the Second Post-Katrina Disaster 136(1)
Elaine Enarson
Notes and Questions 137(1)
Age: Children and the Elderly 138(1)
Hurricane Katrina: Social-Demographic Characteristics of Impacted Areas 138(2)
Thomas Gabe
Gene Falk
Maggie McCarty
Notes and Questions 140(1)
Alienage and Immigration 141(1)
Ruth Ellen Wasem, Katrina-Related Immigration Issues and Legislation 142(2)
Note 144(1)
Price-Gouging After Natural Disasters 144(6)
Price Increases in the Aftermath of Hurricane Katrina: Authority to Limit Price Gouging 145(1)
Angie A. Welborn
Aaron M. Flynn
Notes and Questions 146(2)
United States v. Commodities Trading Corp. 148(1)
Note 149(1)
International Human Rights Law as a Model for Domestic Reform 150(11)
Sound and Fury: Katrina and the ``Refugees'' Debate 151(1)
Donna E. Arzt
Time for the United States to Honor International Standards in Emergencies 152(1)
Roberta Cohen
Notes and Questions 153(1)
Guiding Principles on Internal Displacement 154(7)
Compensation and Risk Spreading 161(40)
Methods of Compensating Victims 162(16)
Financial Compensation for Catastrophic Loss in the United States 162(8)
Robert L. Rabin
Suzanne A. Bratis
Notes 170(1)
Paterno v. State of California 170(3)
Notes 173(1)
United States v. James 174(3)
Notes 177(1)
Flood Insurance 178(7)
Federal Emergency Management Agency: Oversight and Management of the National Flood Insurance Program 179(2)
William O. Jenkins, Jr.
Notes 181(1)
Rising Waters: The National Flood Insurance Program and Louisiana 182(3)
Oliver A. Houck
Notes 185(1)
Private Insurance 185(8)
Hurricane Katrina: Insurance Losses and National Capacities for Financing Disaster Risk (Sept. 15, 2005) 185(4)
Notes 189(1)
Press Release: Attorney General Jim Hoood Files Complaint and Motion for Temporary Restraining Order Against Insurance Industry to Protect Mississippi's Victims of Hurricane Katrina 190(1)
Notes 191(2)
Designing Insurance for Catastrophic Risk 193(8)
Tax Deductions for Catastrophic Risk Insurance Reserves: Explanation and Economic Analysis, September 2, 2005 193(2)
David L. Brumbaugh
Rawle O. King
Financial Compensation for Catastrophic Loss in the United States 195(3)
Robert L. Rabin
Suzanne A. Bratis
Notes 198(3)
Prevention and Mitigation 201(30)
Forms of Mitigation 201(9)
Hurricanes Katrina and Rita: Using Mitigation to Rebuild a Safer Gulf Coast (Sept. 9, 2005) 202(4)
Notes 206(1)
California Coastal Commission, Natural History of Fire & Flood Cycles Post Fire Mitigation Efforts 206(4)
Jack Ainsworth
Troy Alan Doss
Notes 210(1)
Preserving Buffer Zones 210(3)
The Center for Progressive Regulation, An Unnatural Disaster: The Aftermath of Hurricane Katrina (Sept. 2005) 210(2)
Notes 212(1)
Land Use Controls 213(13)
OxfamAmerica, Weathering the Storm: Lessons in Risk Reduction from Cuba (Apr. 2004) 214(5)
Martha Thompson
Izaskun Gaviria
Notes 219(2)
Lucas v. South Carolina Coastal Council 221(5)
Notes 226(1)
Incentives 226(5)
GAO, Oversight and Management of the National Flood Insurance Program (Oct. 20, 2005) 226(3)
Notes 229(2)
Rebuilding New Orleans 231(42)
Why Rebuild? How Much? 231(7)
The Economics of Rebuilding Cities: Reflections After Katrina 231(3)
Robert W. Hahn
Notes 234(1)
Should the Government Rebuild New Orleans, or Just Give Residents Checks? 234(3)
Edward L. Glaeser
Notes 237(1)
Reconstructing the Flood Control System 238(10)
Congressional Research Service, Coastal Louisiana Ecosystem Restoration: The Recommended Corps Plan (April 11, 2005) 239(4)
Notes 243(1)
Can We Save New Orleans? 244(4)
Oliver Houck
Notes 248(1)
Land Acquisition 248(12)
Kelo v. City of New London 249(6)
Notes 255(1)
Bring New Orleans Back Commission Urban Planning Committee, Action Plan for New Orleans, Final Report, January 11, 2006 256(3)
Notes 259(1)
Housing 260(13)
From the Lake to the River: The New Orleans Coalition for Legal Aid & Disaster Relief, Report to Mayor Nagin's Bring New Orleans Back Commission 260(11)
Notes 271(2)
Beyond Katrina 273(44)
Other Flood Risks 274(14)
California Department of Resources, Flood Warnings: Responding to California's Flood Crisis (Jan. 2005) 274(3)
Notes 277(1)
Congressional Research Service, Aging Infrastructure: Dam Safety (Sept. 2005) 278(10)
Notes 288(1)
Pandemics 288(10)
Congressional Research Service, Pandemic Influenza: Domestic Preparedness Efforts (November 10, 2005) 288(9)
Notes 297(1)
Climate Change 298(19)
Center for Health and the Global Environment, Harvard Medical School, Climate Change Futures: Health, Ecological, and Economic Dimensions (Nov. 2005) 298(9)
Notes 307(1)
The U.S. Performance in Achieving its 1992 Earth Summit Global Warming Commitments 308(3)
Donald A. Brown
Notes 311(1)
State Law Responses to Global Warming: Is It Constitutional to Think Globally and Act Locally? 312(3)
David R. Hodas
Notes 315(2)
Table of Cases 317(4)
Table of Authorities 321(12)
Glossary of Acronyms 333(4)
Index 337
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