While human error is always a factor to be considered, this tragedy might also be viewed from the perspective of outdated and inadequate infrastructure. Commuter and freight trains should not run on the same track, double tracking should exist, and signaling must be modernized.

I’m starting to feel really depressed about the state of this country. Not only are we in debt to the world, but we are no longer a shining example as concerns… well, about anything. Our infrastructure is outdated (rail, road, public works, etc..) our cities are ghost towns and many indicia point to declining standards of living for the vast majority of our population. In New Orleans, where I’ve now lived for about a month, this is especially noticeable.

The majority of the roads in the city are seriously damaged, some traffic signals are non-functioning, and others are downright misleading. Public school buildings are extremely outdated, public transportation is a joke, and access to public health programs is extremely limited. Having lived in two developing nations, I feel almost right at home; this saddens me.

A law school buddy of mine said late last night that New Orleans may just be the first great lost city in the United States. Look at the damage to Galveston and Houston TX caused by hurricane Ike. If that storm had hit us, this city would surely have been flooded again as it was in Katrina; were this to happen once again, I fear that the exodus of residents, especially from lesser privileged areas, would render this city even more of a ghost town than it already at times appears.

And it saddens me to see the familiar petty concerns of human relations consume us while the real threat slowly laps against our battered bulwarks.

I have been spending the past few days in Athens, GA with my friend Josh. I left town on Saturday, at which points the roads were still clear. Those who left on Sunday, however, ended up sitting in gridlock for hours. It’s been a bit disconcerting having to do this the 2nd week of classes, but considering how bad things could have been, we were all very lucky this time around. Tulane did not sustain any major damage and classes are slated to resume next Monday. I find this a bit strange to say, but I am actually looking forward to getting back to school! Law school is a strange beast, and finding some sort of rhythm regarding work/study habits is key. So, let’s hope for no more drama, at least for a while!

The President has declared an emergency exists in the State of Louisiana and ordered Federal aid to supplement State and local response efforts due to the emergency conditions resulting from Hurricane Gustav beginning on August 27, 2008, and continuing.

The President’s action authorizes the Department of Homeland Security, Federal Emergency Management Agency (FEMA), to coordinate all disaster relief efforts which have the purpose of alleviating the hardship and suffering caused by the emergency on the local population, and to provide appropriate assistance for required emergency measures, authorized under Title V of the Stafford Act, to save lives, protect property and public health and safety, or to lessen or avert the threat of a catastrophe in all parishes within the State.

Specifically, FEMA is authorized to identify, mobilize, and provide, at its discretion, equipment and resources necessary to alleviate the impacts of the emergency. Emergency protective measures, including direct Federal assistance, will be provided at 75 percent Federal funding.

R. David Paulison, Administrator, Federal Emergency Management Agency (FEMA), Department of Homeland Security, named Michael J. Hall as the Federal Coordinating Officer for Federal recovery operations in the affected area.

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Here is my understanding of Title V of the Stafford Act:

Sec 501 - Declaration of Emergency
a) Governor must make request. Can make request when scope of disaster exceeds the resources of state and local concerns. Request must be specific and clearly state assets available. “Based on such a request, President may declare that a state of emergency exists.”

b) President may also declare such a state of emergency (minus the governor’s ask,) should he feel that responsibility for a response lies with the Federal government…

Sec 502 - Provision of assistance

President may:

a) order all Federal agencies to utilize all available resources (including labor) to support state/local efforts.

b) coordinate all efforts

c) provide assistance (this one is worth expanding… references another section of act - see footnote)

d) remove debris (I wonder if this is an oldie here)

e) provide aid

Sec 503 - Let’s talk $$$

“Federal share - The Federal share for assistance provided under this title shall be equal to not less than 75 percent of the eligible costs. 5 Million dollar limit which may be exceeded if President sees fit and reports to Congress

** That pesky but important footnote on what kind of aid to individuals may be provided

President may provide assistance to those unable to help themselves. May not discriminate against person / household with a loan out from the Small Business Administration or any other federal administration.

Housing Assistance:

financial - temporary housing stipends can be paid based on fair market value. Will also pay for utilities (except telephone service ?)

direct - President may buy or lease housing units and provide them to displaced individuals / 18 month limit excepting extraordinary circumstances / after 18 months, fair marked value can be charged for temporary housing units/relocation

owner occupied private residences eligible for repair and hazard mitigation services.

“may not waive any provision of Federal law requiring the purchase of flood insurance as a condition of the receipt of Federal disaster assistance”

Medical Assistance:

provide dental / medical / funeral assistance to affected individuals

Costs:

IMPT: Federal share here 100%

approx max $25,000 per person / household

at the very end, a bit about verification of use of funds (fraud avoidance.)

I’m outta here - I rock. Fuck you!

I’ve been in New Orleans for roughly a week and it has been quite a time. First, the basics. I am living with two other first year students in a small house about a mile and a half from campus. I have my own room and bathroom, and the house has a front porch and backyard. As far as quality of accommodations are concerned, they are really great.

For the past few nights I’ve been more or less going out to various bars/houses and meeting my classmates. Though many of them are from the South, (TX is especially heavily represented,) I’ve met people from as far away as Africa. No doubt we know how to have a good time, judging in part by the amount of liquor consumed. Although this has been fun, I’m getting tired of not really having an academic task. My other concern is that since our class is so small, it will be like high school all over again. Indeed, a party being hosted by upperclassmen later this week explicitly references law school as akin to high school. So let’s talk about my version of high school.

For me high school was a confusing time; I was coming to grips with my sexuality, dealing with a difficult family situation and trying to figure out how in the world I fit in to it all. I don’t look back at HS in horror as do some; I was involved with many satisfying projects and had some good friends. But I was never quite home in high school. So when the high school references start flying, my hackles rise.

I am not a crazy, outgoing and loquacious guy, and no one has ever accused me of being “easy going.” I am often painfully serious, brutally sarcastic, a tad obsessive, and frankly, an introvert. I may be more White than Mingola. Now don’t get me wrong… a night in the Quarter or at a local dive could lead to temporary attitude adjustments. But at this stage in my life, I have become more comfortable with the fact that I will always be a bit apart, and that, perhaps, I seek to impose such a condition upon myself. This has worked pretty well for me, so long as I don’t take it too far, and I hope that it will continue to do so.

By constantly striving to be more open and better articulate my desires, I will no doubt come across kindred spirits, as I have before around the globe. Time, however, works in mysterious ways, and I have only recently realized that my control over such matters in minimal if not insignificant. Though this attitude may not land me a spot at the “cool table” (to continue the HS analogy,) I feel that it will serve me well. So if you are looking for something to drink to during these sad and bloody days, how about one for our own awakenings, even if our waking lives are but a dream.