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Author: Véronique Bruggeman
Publisher: Kluwer Law International B.V.
ISBN: 9041132635
Category : Law
Languages : en
Pages : 650
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Book Description
This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programmes for catastrophe victims.
Author: Véronique Bruggeman
Publisher: Kluwer Law International B.V.
ISBN: 9041132635
Category : Law
Languages : en
Pages : 650
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Book Description
This book shows that amelioration of the current compensation solutions for disaster victims is indeed a possibility. In a heated yet often poorly informed debate, it offers clarity and insights regarding the financial compensation for victims of catastrophes which, in addition to raising academic interest, are certain to help build a framework for future policymakers and lawmakers faced with shaping compensation programmes for catastrophe victims.
Author: Michael Faure
Publisher: Springer
ISBN: 9783211100233
Category : Law
Languages : en
Pages : 466
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Book Description
Mankind suffers not only from natural catastrophes, but increasingly from so-called man-made disasters, including technological explosions, and obviously also terrorism. This book addresses of these seemingly quite different solutions. Various possible remedies for victims are critically discussed; attention is also paid to the economic analysis of law.
Author: Michael Faure
Publisher: Springer
ISBN: 9783211244814
Category : Law
Languages : en
Pages : 466
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Book Description
Mankind suffers not only from natural catastrophes, but increasingly from so-called man-made disasters, including technological explosions, and obviously also terrorism. This book addresses of these seemingly quite different solutions. Various possible remedies for victims are critically discussed; attention is also paid to the economic analysis of law.
Author: United States. Congress. House. Committee on Banking and Currency. Subcommittee on Small Business
Publisher:
ISBN:
Category : Disaster insurance
Languages : en
Pages : 60
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Book Description
Author: Robert L. Rabin
Publisher:
ISBN:
Category :
Languages : en
Pages : 62
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Book Description
This paper addresses the complex institutional structure in the United States for dealing with victim compensation in cases of catastrophic loss. It will appear as a chapter in a multinational study that compares the institutional frameworks adopted by Western European nations and the United States. Part I of the paper focuses on catastrophic loss triggered by potentially responsible human agencies, and as a consequence, discussion of tort law is central. But what of situations where no human agency can be charged with responsibility for catastrophic harm? In these cases there is no recourse to tort in most instances, and victims of catastrophic loss ordinarily must rely exclusively on private insurance coverage, or, when available, on public insurance systems. The latter can be parsed into two separate categories: social welfare schemes (discussed in section II of this paper), such as government disability and unemployment insurance legislation, which are available to all claimants meeting general eligibility requirements - without reference to the source of the harm that has occurred. And, legislative no-fault or insurance schemes that have been established with designated types of catastrophic loss in mind. This second category of social welfare legislation is discussed, along with a description of private insurance coverage, in section IV - after examining the government agency whose work is devoted exclusively to disaster relief (in section III, on the Federal Emergency Management Agency). Section V of the paper serves as a reprise on the somewhat patchwork design of the U.S. system by isolating for special consideration three case studies of particularly salient disaster events that illustrate the range of approaches discussed earlier: First, the terrorist acts of September 11, and, in particular, the legislative no-fault compensation scheme that was enacted to compensate the personal injury victims; second, Hurricane Andrew, which initiated a mixed private/public insurance scheme in Florida and recast FEMA's approach to disaster relief; and third, commercial airline crashes, as a category, which invoke tort as the principal source of disaster relief compensation. A concluding section VI of the paper returns to a more general overview of the system, offering a brief final commentary on fairness and efficacy considerations.
Author: Steven Garber
Publisher: Rand Corporation
ISBN: 0833095625
Category : Business & Economics
Languages : en
Pages : 0
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Book Description
This report aims to help designers of victim compensation programs make decisions that balance fairness to victims, speed of compensation, and size of transaction costs. Key fairness considerations include the needs and deservingness of victims.
Author: Kenneth R. Feinberg
Publisher: PublicAffairs
ISBN: 1610390768
Category : Social Science
Languages : en
Pages : 242
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Book Description
Agent Orange, the 9/11 Victim Compensation Fund, the Virginia Tech massacre, the 2008 financial crisis, and the Deep Horizon gulf oil spill: each was a disaster in its own right. What they had in common was their aftermath -- each required compensation for lives lost, bodies maimed, livelihoods wrecked, economies and ecosystems upended. In each instance, an objective third party had to step up and dole out allocated funds: in each instance, Presidents, Attorneys General, and other public officials have asked Kenneth R. Feinberg to get the job done. In Who Gets What?, Feinberg reveals the deep thought that must go into each decision, not to mention the most important question that arises after a tragedy: why compensate at all? The result is a remarkably accessible discussion of the practical and philosophical problems of using money as a way to address wrongs and reflect individual worth.
Author: United States Congress. House. Banking and Currency Committee
Publisher:
ISBN:
Category :
Languages : en
Pages : 54
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Book Description
Author: Lloyd S. Dixon
Publisher: Rand Corporation
ISBN: 9780833036919
Category : Business & Economics
Languages : en
Pages : 218
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Book Description
The terrorist attacks of September 11, 2001, caused tremendous loss of life, property, and income, and the resulting response from public and private organizations was unprecedented. This monograph examines the benefits received by those who were killed or seriously injured on 9/11 and the benefits provided to individuals and businesses in New York City that suffered losses from the attack on the World Trade Center. The authors examine the performance of the compensation system--insurance, tort, government programs, and charity--in responding to the losses stemming from 9/11.
Author: Marshall Shapo
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328
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Book Description
Marshall Shapo describes some of the problems in his penetrating book this way: "Within ten days of the tragedy of September 11th, Congress created a Victim Compensation Fund for those who were injured or lost loved ones in the terrorist attacks of that day. "That Fund paid out more than seven billion dollars to surviving victims and families of those who died, with awards to families averaging over two million and one award reaching approximately $8.6 million. Was the Fund a good idea? If there are terrorist attacks in the future that kill or injure hundreds or even thousands of people, should Congress provide the same kind of compensation to victims and families? Why has Congress not made provision for similar benefits for victims of the Oklahoma City bombing? Why are the payments made to families of soldiers who die in combat only a few thousand dollars?" When the Victims' Compensation Fund was established after 9/11, it set off a series of debates on the logic of compensation for victims of terrorist acts. Why do we compensate for injuries, and how do injuries and deaths caused by acts of terrorism differ from those caused by more ordinary means? What criteria should we consider when determining compensation: the financial need or deprivation or the survivors? The degree of negligence of a public or private entity? In this thought provoking study, Shapo draws on the basic concepts of injury law, including tort and compensation law, to delve into the questions and present a framework for future lawmakers faced with shaping compensation programs for terrorist victims. With its limitless contradictions, constraints, and competing demands, the terrain of compensation is at best murky. Shapo unravels the tangled lines of reasoning, casting an impartial eye on the legal, political and social logics of the Victims' Compensation Fund and those likely to come into play for any future crises.
