SandBar 6:3, October, 2007

Book Review

Disasters and the Law: Katrina and Beyond

Daniel A. Farber and Jim Chen
(Aspen Publishers 2006).

Reviewed by Stephanie Showalter

Hurricane Katrina unfortunately highlighted how ill-prepared the United States is to respond to disaster, be they natural or man-made. Once the initial danger passed and response efforts began, federal agencies, state governments, and ordinary citizens were confronted with complicated regulations, overlapping jurisdictions, and shocking gaps in the emergency management systems at all levels of governments. Despite the frequency of natural disasters and the potential for terrorist attacks, disaster law is not a well-developed area of legal scholarship or a focus of law school curriculum. After a large disaster, there always seems to be a flood of law review articles and commentaries, but scholarship tends to slow to a trickle as memory fades and new headlines emerge.
     Two law professors would like to change the ebb and flow relationship the legal community has with disasters. In Disasters and the Law: Katrina and Beyond, Daniel Farber and Jim Chen provide an overview of the legal issues raised by Hurricane Katrina and the challenges which future disasters will pose to the legal system. Disasters and the Law is an excellent introductory text for any professor wishing to incorporate disaster law into an existing or new course. Farber and Chen explore a number of legal issues including the goals and limits of federal and military in­ volvement, environmental regulation, health care, communications, evacuation, and the impact of climate change on disaster risk. The material is extremely accessible, current, and thought-provoking. While Disasters and the Law could easily serve as the primary text for a seminar on disaster law, individual chapters could also be used to explore issues of federalism, social justice, and compensation in traditional courses.
     A companion website developed by Boalt Hall Law Library, http://128.32.29.133/disasters.php , serves as invaluable reference tool for scholars and practitioners. The site is a gateway to a wealth of information including articles, government and military reports, policy papers, opinion pieces, regulatory guidance, and statutory authority. Disasters and the Law is an important step towards addressing the problems that arose in the wake of Hurricane Katrina and confronting the difficult challenges that await the legal community in the future.