Law, Property and Disasters

Law, Property and Disasters PDF

Author: Daniel Fitzpatrick

Publisher: Taylor & Francis

Published: 2021-05-30

Total Pages: 317

ISBN-13: 1000391809

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This book provides a re-assessment of property law for a future of environmental disruption. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies and natural disasters.

Law and Recovery From Disaster: Hurricane Katrina

Law and Recovery From Disaster: Hurricane Katrina PDF

Author: Robin Paul Malloy

Publisher: Routledge

Published: 2016-12-05

Total Pages: 373

ISBN-13: 135192284X

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In August of 2005, Hurricane Katrina hit the Gulf Coast of the United States, directly affecting 1.5 million people. Only one year earlier, an Indian Ocean tsunami struck Indonesia, destroying or damaging more than 370,000 homes. As forces of nature, hurricanes, tsunamis, earthquakes and floods are not limited to occurrences in any one community or any one country. In Law and Recovery from Disaster: Hurricane Katrina, attention is focused on the ability of law and legal institutions to not only survive such disasters but to effectively facilitate recovery. Using Hurricane Katrina as a lens, contributors address a wide range of issues of interest to people concerned about property law, disaster preparedness, housing, insurance, small business recovery, land use planning and the needs of people with disabilities. While Hurricane Katrina is the focal point for discussion, the lessons learned are readily applicable to a variety of disaster situations in a wide range of global settings.

Law, Property and Disasters

Law, Property and Disasters PDF

Author: Daniel Fitzpatrick

Publisher: Routledge

Published: 2021-05-31

Total Pages: 192

ISBN-13: 1000391795

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This book re-considers property law for a future of environmental disruption. As slogans such as “build the wall” or “stop the boats” affect public policy, there are counter-questions as to whether positivist or statist notions of property are fit for purpose in a time of human mobility and environmental disruption. State-centric property laws construct legal fictions of sovereign control over land, notwithstanding the persistent reality of informal settlements in many parts of the Global South. In a world affected by catastrophic disasters, this book develops a vision of adaptive governance for property in land based on a critical re-assessment of state-centric property law. This book will appeal to a broad readership with interests in legal theory, property law, adaptive governance, international development, refugee studies, postcolonial studies, and natural disasters.

Disasters and Democracy

Disasters and Democracy PDF

Author: Rutherford H. Platt

Publisher: Island Press

Published: 2012-07-16

Total Pages: 343

ISBN-13: 1610912632

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In recent years, the number of presidential declarations of “major disasters” has skyrocketed. Such declarations make stricken areas eligible for federal emergency relief funds that greatly reduce their costs. But is federalizing the costs of disasters helping to lighten the overall burden of disasters or is it making matters worse? Does it remove incentives for individuals and local communities to take measures to protect themselves? Are people more likely to invest in property in hazardous locations in the belief that, if worse comes to worst, the federal government will bail them out? Disasters and Democracy addresses the political response to natural disasters, focusing specifically on the changing role of the federal government from distant observer to immediate responder and principal financier of disaster costs.

Disaster and Sociolegal Studies

Disaster and Sociolegal Studies PDF

Author: Susan Sterett

Publisher:

Published: 2013-09

Total Pages: 268

ISBN-13: 9781610272087

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Legal governance of disaster brings both care and punishment to the upending of daily life of place-based disasters. National states use disasters to reorganize how they govern. This collection considers how law is implicated in disaster. The late modern expectation that states are to care for their population makes it particularly important to point out the limits to care - limits that appear less in the grand rhetoric than in the government reports, case-level decisionmaking, administrative rules, and criminalization that make up governing. The authors argue that government documents explaining disaster put the responsibility to adapt to rapidly changing circumstances on people - often on individuals - not on the government. Law is a causal force in what are commonly called natural disasters. When courts consider causation and property rights, often separated across cases and over time, they often defer to the importance of economic activity. Police forces charged with protection rapidly turn on those they are to protect, thinking that people need protection from the victims of disaster. These insightful essays feature leading scholars whose perspectives range across disasters around the world. Their findings point to reconsidering what states do in disaster, and how law enables and constrains action.

The Role of International Environmental Law in Disaster Risk Reduction

The Role of International Environmental Law in Disaster Risk Reduction PDF

Author: Jacqueline Peel

Publisher: BRILL

Published: 2016-04-21

Total Pages: 502

ISBN-13: 900431881X

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Located at the intersection of international environmental and disaster law, this edited volume explores how environmental law approaches might be employed to reduce disaster risk, and how evolving policy tools for natural disasters influence environmental regimes focused on manmade risks.

Disaster Law

Disaster Law PDF

Author: Daniel A. Farber

Publisher: Edward Elgar Publishing

Published: 2010

Total Pages: 0

ISBN-13: 9781848444317

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Recent hurricanes and other natural disasters demonstrate serious gaps in the legal system and its ability to respond to events of such magnitude. "Disasters and the Law: Katrina and Beyond" studies disaster response, prevention, and mitigation strategies by integrating knowledge and experience from urban planning, bankruptcy law, and wetlands law.

Asian Law in Disasters

Asian Law in Disasters PDF

Author: Yuka KANEKO

Publisher: Routledge

Published: 2016-05-20

Total Pages: 349

ISBN-13: 1317396847

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This book is a critical analysis of several of the most disaster-prone regions in Asia. Its unique focus is on the legal issues in the phase of disaster recovery, the most lengthy and difficult stage of disaster response that follows the conclusion of initial emergency stage of humanitarian aid. In the stage of disaster recovery, the law decides the fate of reconstruction for the individual houses and livelihoods of the disaster-affected people and sets the limit of governmental support for them during the lengthy period of suspension of normal living until full recovery is obtained. Researchers who were participant-observers in the difficult recovery phase after the mega-disasters in Asia analyse the reality of the functions of law which often hinder, rather than foster, efforts to restore disaster victims’ lives. The book collects research conducted with an emphasis on empirical approaches to legal sociology, including direct interviews with people affected by the disaster. It offers a holistic approach beyond the traditional sectionalism of legal studies by starting with a historical review and incorporating both spheres of public law and private law, in order to obtain a new perspective that can concurrently achieve disaster risk reductions and human-centered recoveries. With particular emphasis on the unexplored area of law in the post-disaster recovery phase, this book will attract the attention of students and scholars of disaster studies, legal studies, Asian studies, as well as those who work in the practice of disaster management.

Disasters, Hazards and Law

Disasters, Hazards and Law PDF

Author: Mathieu Deflem

Publisher: Emerald Group Publishing

Published: 2012-11-14

Total Pages: 264

ISBN-13: 1780529147

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Deals with important social-science issues of law and legal control pertaining to disasters and hazards in a variety of contexts. This title includes: legal controls pertaining to disaster prevention, response, and mitigation; regulations and policies concerning hazardous conditions; and crime and the control thereof in post-disaster situations.

Law and Catastrophe

Law and Catastrophe PDF

Author: Austin Sarat

Publisher: Amherst Series in Law, Jurispr

Published: 2007-06-18

Total Pages: 165

ISBN-13:

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Law and Catastrophe sketches contours of a relatively fresh--yet crucial--terrain of inquiry. It begins the work of developing a jurisprudence of catastrophe.