Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Alice on Physical Punishment and Parental Rights

    • Rachel Karash on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • MBL on Physical Punishment and Parental Rights

    • feathered_head on Physical Punishment and Parental Rights

    • Concernicus on Physical Punishment and Parental Rights

    • Ian on Physical Punishment and Parental Rights

    • Peterk on Physical Punishment and Parental Rights

    • Robert on Physical Punishment and Parental Rights

    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

A Visit to New Orleans

posted by Frank Pasquale

Nola Resize I hope.jpgThis photo shows a tour bus on what appears to be a “Katrina Devastation Tour” in New Orleans’ Lower Ninth Ward. Virtually nothing has been reconstructed there, and a weekend visit evidenced lots of rebuilding to be done elsewhere in the city.

I’ve just gotten back from Nola, where I was celebrating a wedding of two friends. That was terrific, and the French Quarter is still going strong (I highly recommend Broussard’s for dinner and Palm Court for music.) But I had no idea what it meant for 80% of a city to flood, and for FEMA trailers to dominate the residential landscape over a year after the deluge.

What’s going on? I don’t have a deep grasp of the dynamics here, but one narrative kept repeating: the chicken & egg dynamic of residents not wanting to come back until businesses returned and businesses not wanting to re-open until residents returned. I stayed in a middle class enclave near the University of New Orleans, which apparently had cafes, fitness clubs, restaurants, and grocery stores before the storm—but all were still boarded up. The only food I passed was a mobile cart labeled “Pizza Milano.” So it’s no wonder many houses are abandoned, or fronted by the ubiquitous (and quite small) FEMA trailers.

In this way, Nola resembles many inner-cities that seem trapped in cycles of middle-class flight and declining amenities. I imagine there might be some good lessons for reconstruction from other cities that managed to revitalize.


Obviously government has a lot to do here, as a boatload of gallows humor reveals. Hartman & Squires’s collection “There is No Such Thing as a Natural Disaster” suggests the depth of local government dysfunction and malign federal neglect. Apparently hundreds of doctors are likely to leave Louisiana by the end of the year, due to a lack of hospitals and general uncertainty about Nola’s economic future.

I also noted a number of charities active, including ACORN and Catholic Charities in the Lower Ninth Ward. But when all’s said and done, the city has to get back on its feet economically. I think it’s important for people to have a sense of just how much would be lost if Nola fails to recover. I doubt I’ve ever been in a place with as much good live music, friendly people, and fantastic food. The architecture of the French Quarter is striking, and most of its streets free of the cookie-cutter corporate banality that makes so many other locales pale replicas of one another. (But for those of you who like that kind of stuff, there is a Hard Rock Café and an Urban Outfitters tucked away by the Mississippi River.)

The whole situation poses some of the same dilemmas that bothered me when I lived in some pretty marginal neighborhoods in Washington, DC. On one level, I wanted the Washington Post to cover the the social problems that plagued neighborhoods like Petworth and Shaw, in order to get the city government to respond. On the other hand, I also cringed when they did so, fearing that property values would take a hit and small businesses would get scared away. It seems to me that Nola has a similar problem–stories of just how dire the reconstruction situation are could drown out the more helpful (and equally true) positive message: that it’s still an amazing place to live in and visit.

Anyway, I’ll try to think a bit more about what law can do for Nola during the week. I’ve got to read the series of posts on the topic at Jurisdynamics to get my bearings…


 November 28, 2006 at 8:56 pm   Posted in: Uncategorized   Print This Post Print This Post

Responses (6)

  1. doctorj - November 29, 2006 at 8:14 am

    The one thing New Orleans NEEDS before any of these problems can be addressed is a commitment by the federal government to make the levees safe to a cat 5 hurricane and coastal restoration. How can families and businesses rebuilt knowing that all can be lost again? From the beginning this has been the one thing we have requested on the federal government. Our pleas havw fallen on deaf ears. We have been abandoned by our own country. Check out levees.org.

  2. Jeff Lipshaw - November 29, 2006 at 11:59 am

    1. On the subject of levees and coastal restoration, do a Westlaw search and read all of the articles by Oliver Houck (my suitemate here at Tulane) on the subject. You will be rewarded many times over.

    2. Frank, from where you were in the French Quarter, moving upriver through the Garden District and Uptown (including Tulane), things have the appearance of relative normality, particularly the closer you get to the river. My understanding is that the city’s smaller population has compacted into this area.

    3. I saw a report on the local news this morning to the effect that the biggest concern was not the levees, but the return of crime and the capability of the local government. From my perspective here, that seems like a fair assessment.

    4. The law school feels like just about every other law school in the last week of class.

  3. Maryland Conservatarian - November 29, 2006 at 4:26 pm

    “The one thing New Orleans NEEDS before any of these problems can be addressed is a commitment by the federal government to make the levees safe to a cat 5 hurricane and coastal restoration.”

    yeah, that’s what was missing before – the lack of a federal govt. committment – if only they had matched the years of thoughtful government put on by State and City officials…

  4. Rachel Godsil - November 29, 2006 at 5:32 pm

    Frank,

    Thanks for the thoughtful post. I spent some time in New Orleans this summer and had a similar reaction. As Jeff said, the Garden District along with the French Quarter seems barely fazed — but New Orleans East and the 9th Ward are devastated. I also agree with your concern that an emphasis on the devastation will create disincentives for revitalization. My impression is that the actual reconstruction shouldn’t be so difficult. A well-functioning local government is critical, but I think the federal government has a huge role to play –both in securing the city from future storms and in ensuring that the areas that were contaminated are sufficiently cleaned up. Thus far, EPA has abdicated this responsibility.

  5. bill - November 30, 2006 at 1:31 pm

    Maryland Conservatarian said:

    “”The one thing New Orleans NEEDS before any of these problems can be addressed is a commitment by the federal government to make the levees safe to a cat 5 hurricane and coastal restoration.”

    yeah, that’s what was missing before – the lack of a federal govt. committment – if only they had matched the years of thoughtful government put on by State and City officials…”

    Smarmy smack on local pols doesn’t change the fact that the levees are the responsibility of the US Army Corps of Engineers, an arm of the federal government which saw its $$$ reduced to fund the Conservatarian war in Iraq/Iran/Syriana/?.

    State and local government cannot and should not operate levees and river structures with national importance. They used to; one result was that Huey Long built a low bridge forcing the ships of the day to unload in Baton Rouge and reload onto barges. You might as well defederalize the Interstate system. Conservatarianism has its logical limits.

  6. Frank - November 30, 2006 at 6:29 pm

    Here’s a post from NJLS, lost in teh spam filter:

    http://urbanlawjournal.blogspot.com/2006/10/uncertainty-reinforcing-displacement.html

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress