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Buffalo Creek flood

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The Buffalo Creek flood was a disaster that occurred in Logan County , West Virginia , on February 26, 1972, when a coal slurry impoundment dam burst, causing significant loss of life and property damage.

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48-451: The impoundment dam, managed by Pittston Coal Company, had been declared "satisfactory" by a federal mine inspector four days earlier. In its legal filings, Pittston referred to the accident as "an Act of God ." There were three dams on the site. Dam #3 failed first. Located about 260 feet (79 m) above the town of Saunders, it was built on top of coal slurry sediment that had collected behind dams #1 and #2, instead of on solid bedrock. It

96-431: A case as: "what is denominated in the law of Scotland damnum fatale — occurrences and circumstances which no human foresight can provide against, and of which human prudence is not bound to recognize the possibility; and which, when they do occur, therefore, are calamities that do not involve the obligation of paying for the consequences that may result from them." In the law of torts , an act of God may be asserted as

144-619: A common carrier is not liable for the unforeseeable forces of nature. See Memphis & Charlestown RR Co. v. Reeves , 77 U.S. 176 (1870). One example is that of "rainmaker" Charles Hatfield , who was hired in 1915 by the city of San Diego to fill the Morena reservoir to capacity with rainwater for $ 10,000. The region was soon flooded by heavy rains, nearly bursting the reservoir's dam, killing nearly 20 people, destroying 110 bridges (leaving 2), knocking out telephone and telegraph lines, and causing an estimated $ 3.5 million in damage in total. When

192-409: A contract could lead to an order for specific performance or internment in a debtor's prison . In 1863, this harsh rule was softened by the case of Taylor v Caldwell which introduced the doctrine of frustration of contract , which provided that "where a contract becomes impossible to perform and neither party is at fault, both parties may be excused their obligations". In this case, a music hall

240-600: A discussion among sociologists throughout the United States , writing to several dozen people to gauge the need for or interest in forming an sociological organization. Sociologists debated whether there was a need for a separate organization from the American Economic Association , American Political Science Association and the American Historical Association , which most sociologists at

288-648: A general principle of act of God, epidemic can be classified as an act of God if the epidemic was unforeseeable and renders the promise discharged if the promisor cannot avoid the effect of the epidemic by exercise of reasonable prudence, diligence and care, or by the use of those means which the situation renders reasonable to employ. An act of God is an unforeseeable natural phenomenon. Explained by Lord Hobhouse in Transco plc v Stockport Metropolitan Borough Council as describing an event: In Tennant v Earl of Glasgow (1864 2 M (HL) 22) Lord Chancellor Westbury described

336-545: A group of fifty people, the first president of the association would be Lester Frank Ward . Today, most of its members work in academia , while around 20 percent of them work in government, business, or non-profit organizations. ASA publishes ten academic journals and magazines, along with four section journals, including the American Sociological Review and Contexts . The ASA had 9,893 members in 2023, as an association of sociologists even larger than

384-480: A population of 5,000 people, 125 were killed, 1,121 were injured, and over 4,000 were left homeless. 507 houses were destroyed, in addition to 44 mobile homes and 30 businesses. The disaster destroyed or damaged homes in Saunders , Pardee , Lorado , Craneco , Lundale , Stowe , Crites , Latrobe , Robinette , Amherstdale , Becco , Fanco , Braeholm , Accoville , Crown and Kistler . Two commissions investigated

432-539: A profit-making industry unless it is allowed by the state to pass on the costs of environmental damage to the private landowner or the public. The state of West Virginia also sued the Buffalo Creek-Pittston Coal Company for $ 100 million (equivalent to $ 503 million today) in disaster and relief damages, but a smaller settlement was reached for just $ 1 million ($ 5 million today) with Governor Moore, three days before he left office in 1977. The lawyers for

480-508: A stance calling for a ceasefire and pursuing divestment from arms. In December 2023, a letter signed by 125 sociologists including six former ASA presidents, asked for a statement in support of ceasefire. In February 2024, the association released a statement focusing on "deep concern and dismay regarding the loss of civilian lives in the context of continued violence in Gaza and Israel as well as other contexts of conflict and suffering unfolding across

528-426: A type of intervening cause, the lack of which would have avoided the cause or diminished the result of liability (e.g., but for the earthquake, the old, poorly constructed building would be standing). However, foreseeable results of unforeseeable causes may still raise liability. For example, a bolt of lightning strikes a ship carrying volatile compressed gas, resulting in the expected explosion. Liability may be found if

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576-492: Is governed by a code of ethics, which has been revised since 1970, with the first ASA code of ethics being written in 1970. ASA members are bound by the code of ethics. The association also has codes for meeting behavior, disclosure, award revocation, and removal from leadership positions. ASA style is a widely accepted format for writing university research papers that specifies the arrangement and punctuation of footnotes and bibliographies. Standards for ASA style are specified in

624-464: The ASA Style Guide , which is designed to aid authors in preparing manuscripts for ASA journals and publications. The association publishes the following academic journals and magazines : The ASA also publishes Footnotes , a newsletter aimed at the association's members. Footnotes was established in 1979 and is published five times per year. The following persons have been presidents of

672-508: The English-speaking world , an act of God , act of nature , or damnum fatale ("loss arising from inevitable accident") is an event caused by no direct human action (e.g. severe or extreme weather and other natural disasters ) for which individual persons are not responsible and cannot be held legally liable for loss of life, injury, or property damage . An act of God may amount to an exception to liability in contracts (as under

720-525: The Hague–Visby Rules ), or it may be an "insured peril" in an insurance policy . In Scots law , the equivalent term is damnum fatale , while most Common law proper legal systems use the term act of God . It is legally distinct from—though often related to—a common clause found in contract law known as force majeure . In light of the scientific consensus on climate change , its modern applicability has been questioned by legal scholars. In

768-484: The International Sociological Association . It is composed of researchers, students, college/university faculty, high school faculty, and various practitioners The "American Sociological Association Annual Meeting" is an annual academic conference held by the association consisting of over 4,000 participants. In the summer of 1905, George Washington University professor C. W. A. Veditz began

816-496: The United Mine Workers Arnold Miller and others were rebuffed by Gov. Moore regarding their request that a coal miner be added to the governor's commission, a separate citizens' commission was assembled to provide an independent review of the disaster. The Governor's Commission of Inquiry report called for new legislation and further inquiry by the local prosecutor. The citizens' commission report, concluded that

864-435: The "miracle baby" of the disaster. Running from the leading edge of the water, his mother threw him just above the flood level moments before she drowned. He survived with few ill effects, and was reared by his father. His survival gave hope and inspiration to other survivors. Prior to the disaster, Buffalo Creek was a popular fishing spot. Due to the effects of the flood, Buffalo Creek would not support aquatic life "long after

912-634: The ASA launched its "Sociology in Misplaced Pages" initiative. Erik Olin Wright , President of the ASA, called for improvement in sociological entries in Misplaced Pages . He asked that professors and students to get more involved by having Misplaced Pages-writing assignments in class. The basic goal set forth by the initiative would be to make it easier for sociologists to contribute to Misplaced Pages, and for sociologists to become better involved in

960-586: The American Sociological Association: The Annual Meeting of the ASA is held each August to provide opportunity for sociologists to share research, develop professional networks, give awards, and hold committee meetings. The 2023 meeting had 4,802 attendees and featured 3000 research papers. Every year, in August, the ASA presents awards to individuals and groups deserving of recognition. The awards presented are: Additionally,

1008-592: The Buffalo Creek Flood (1978). Erikson's book later won the 1977 Sorokin Award, granted by the American Sociological Association for an "outstanding contribution to the progress of sociology." Long-term studies have examined the mental health of the residents of Buffalo Creek compared to a nearby coal town that did not experience the flood. Dennis Prince and some 625 survivors of the flood sued

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1056-469: The Buffalo Creek-Pittston Coal Company was guilty of murdering at least 124 men, women and children. Additionally, the chair of the citizen's commission and Deputy Director of the West Virginia Department of Natural Resources, Norman Williams, called for the legislature to outlaw coal strip mining throughout the state. Williams testified before the legislature that strip mining could not exist as

1104-523: The Feb. 26, 1972 disaster", according to a 2022 account by The Associated Press. After extensive cleanup and remediation efforts, trout restocking began in 2006. By February 2022, 50 years after the accident, trout were once again plentiful in Buffalo Creek. 37°47′50″N 81°39′50″W  /  37.797196°N 81.663769°W  / 37.797196; -81.663769 Act of God In legal usage in

1152-547: The Pittston Coal Company, seeking $ 64 million in damages (equivalent to $ 395.4 million today). They settled in June 1974 for $ 13.5 million ($ 83.4 million today), or approximately $ 13,000 for each individual after legal costs ($ 80,000 today). A second suit was filed by 348 child survivors, who sought $ 225 million ($ 1.39 billion today); they settled for $ 4.8 million in June 1974 ($ 29.7 million today). Kerry Albright became known as

1200-576: The Sections of the ASA administer separate multiple awards, which are presented each August during the annual meeting. In 1993, then-doctoral student Rik Scarce was jailed for more than five months as a result of following the ASA's code of ethics . Scarce's Ph.D. research was on the radical environmental movement . Based on an FBI investigation of an Animal Liberation Front break-in, federal prosecutors argued in court that Scarce may have engaged in conversations with individuals believed to be involved with

1248-494: The adopted resolution specifies that the association "supports members’ academic freedom, including but not limited to defending scholars’ right to speak out against Zionist occupation." Within the Environmental sociology section of the ASA, in 2016 an ad hoc Committee on Racial Equity investigated racial and ethnic diversity within the section in response to critique that the section was overwhelmingly white. Their assessment of

1296-483: The association's 100th anniversary, ASA published a 201-page book entitled A History of the American Sociological Association, 1981-2004 . The publication picks up where the 1981 Rhoades history concludes, continuing the story and capturing the association's history from 1981 through 2004. It was the culmination of over two years of detailed research by Katherine J. Rosich. In the fall of 2011,

1344-427: The carrier did not use reasonable care to protect against sparks—regardless of their origins. Similarly, strict liability could defeat a defense for an act of God where the defendant has created the conditions under which any accident would result in harm. For example, a long-haul truck driver takes a shortcut on a back road and the load is lost when the road is destroyed in an unforeseen flood. Other cases find that

1392-588: The city refused to pay him (he had forgotten to sign the contract), he sued the city. The floods were ruled an act of God, excluding him from liability but also from payment. American Sociological Association The American Sociological Association ( ASA ) is a non-profit organization dedicated to advancing the discipline and profession of sociology . Founded in December 1905 as the American Sociological Society at Johns Hopkins University by

1440-558: The decades since. In 1953, during the annual meeting in Berkeley, California , each of the (living) past presidents of the society would compose a voice recording to address the coming generation of sociologists. ASA membership peaked at almost 15,000 in 2007 before declining to its current level below 10,000. The trend led to the formation of a Task Force on Membership in 2016, with recommendations released in 2019, addressing issues of community, cost, and value. In 2005, in celebration of

1488-471: The disaster. The first, the Governor's Ad Hoc Commission of Inquiry, appointed by Governor Arch A. Moore Jr. , was made up entirely of either members sympathetic to the coal industry or government officials whose departments might have been complicit in the genesis of the flood. One of the investigators was Jack Spadaro , a man who devoted his time to regulating dam construction for safety. After then-president of

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1536-414: The globe.” In March 2024, ASA rejected a resolution forwarded by a group known as Sociologists for Palestine which called for “an immediate and permanent ceasefire in Gaza". After this initial resolution was rejected, enough signatures were collected to support a ballot initiative calling for a ceasefire and divestment from military technologies, however the ASA council edited the request for divestment from

1584-526: The group would motion to form a new society of sociologists. Though there would be debate as to integrating this new society with an existing organization, such as the AEA, the group would ultimately decide that the new society ought to be an independent entity. At the end of the day of the initial meeting, those gathered at the meeting formed a five-person committee to develop a plan for the new society and how it should be governed. The committee members would re-convene

1632-552: The incident. Prosecutors demanded that Scarce testify to a federal grand jury about those conversations, but Scarce refused to answer three dozen questions, citing the ASA Code of Ethics and the First Amendment as his reasoning for remaining unresponsive. Scarce's refusal to answer resulted in a contempt of court citation and 159 days spent in jail. He was never suspected of wrongdoing and—in keeping with contempt of court practice—he

1680-459: The law of contracts , an act of God may be interpreted as an implied defense under the rule of impossibility or impracticability . If so, the promise is discharged because of unforeseen occurrences, which were unavoidable and would result in insurmountable delay, expense, or other material breach . Under the English common law , contractual obligations were deemed sacrosanct , so failure to honor

1728-513: The next afternoon to review the proposed structure of the society. Council members would include Edward A. Ross , W.F. Wilcox, Albion Small , Samuel Lindsay, D. C. Wells, and William Davenport. The following men would be elected officers of the new society: When the committee left Baltimore, the birth of the American Sociological Society was complete, a Constitution had been adopted, officers were elected, and plans were made for

1776-555: The obligation, even if the events are relatively rare: e.g. , the year 2000 problem in computers. Under the Uniform Commercial Code , 2-615, failure to deliver goods sold may be excused by an "act of God" if the absence of such act was a "basic assumption" of the contract, and the act has made the delivery " commercially impracticable ". Recently, human activities have been claimed to be the root causes of some events previously considered natural disasters. In particular: As

1824-511: The plaintiffs, Arnold & Porter of Washington, D.C., donated a portion of their legal fees for the construction of a new community center. West Virginia has yet to build the center, though the center was promised by Governor Moore in May 1972. Gerald M. Stern, an attorney with Arnold & Porter, wrote a book entitled The Buffalo Creek Disaster about representing the victims of the flood. The book includes descriptions of his experiences dealing with

1872-465: The political and legal environment of West Virginia, where the influence of large coal mining corporations is intensely significant to the local culture and communities. Sociologist Kai T. Erikson , son of psychologist and sociologist Erik Erikson , was called as an expert witness and published a study on the effects of the disaster entitled Everything in Its Path: Destruction of Community in

1920-566: The resolution claiming that investment represented an "operational issue" which members could not vote on. The Sociologists for Palestine group responded to this by declaring that the council's removal of the divestment request from the resolution was "fundamentally undemocratic". In May 2024, 59% of voting ASA members approved the Resolution for Justice in Palestine and it was adopted. Beyond calling for "an immediate and permanent ceasefire in Gaza",

1968-432: The second annual meeting of the new society. In 1981, in celebration the association's 75th anniversary, Lawrence J. Rhoades prepared a 90-page publication entitled A History of the American Sociological Association, 1905-1980 , commonly referred to as the "1981 Rhoades History." The publication provides a brief overview of the founding and early years of the association, as well as highlights of key activities and events in

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2016-437: The subpoena of confidential project research data. The statement by the ASA council cited the potential damage this ruling would have on social science research by stifling the ability to study controversial topics. ASA is looking for an affirmation by the court for confidentiality in research. From 2023 to 2024, in response to the war in Gaza sociologists organized to request that the American Sociological Association establish

2064-618: The time were members of. Ultimately, a consensus was reached that the time had come for a society of sociologists in the U.S. In early December, Veditz and eight others wrote to about 300 people inviting them to a special session during the American Economic Association (AEA) and American Political Science Association meetings later that month to discuss the potential formation of a sociological society. On December 27, approximately 50 people, including one woman, gathered in McCoy Hall at Johns Hopkins University , Baltimore , and, by its end,

2112-527: The topics and then drawing the proper conclusions. In January 2012, a United States district court ordered Boston College to turn over material from the " Belfast Project ", an oral history project pertaining to the violence in Northern Ireland . Boston College filed an appeal in February 2012, challenging the district court's decision. ASA became involved in the case to help protect human participants from

2160-679: The writing and editing processes to ensure that social science articles are up-to-date, complete, accurate, and written appropriately. In conjunction with the Wikimedia Foundation and a research group at Carnegie Mellon University , the ASA developed its Misplaced Pages Portal in an attempt to achieve the initiative's goal through providing tutorials on how to contribute; video discussions of norms and procedures; and lists of articles and subject areas that need improvement. The Portal would also provide instructions for professors on how to use Misplaced Pages writing assignments for academic courses. The ASA

2208-502: Was burned down by act of God before a contract of hire could be fulfilled, and the court deemed the contract frustrated. In other contracts, such as indemnification , an act of God may be no excuse, and in fact may be the central risk assumed by the promisor—e.g. , flood insurance or crop insurance —the only variables being the timing and extent of the damage. In many cases, failure by way of ignoring obvious risks due to "natural phenomena" will not be sufficient to excuse performance of

2256-501: Was constructed of coarse mining refuse dumped into the Middle Fork of Buffalo Creek. Dam #3's failure was followed by heavy rains. The water from dam #3 then overwhelmed dams #2 and #1. The resulting flood unleashed approximately 132 million US gallons (500,000 cubic metres; 500 million litres) of black waste water, cresting over 30 feet (9.1 m) high, upon the residents of 16 coal towns along Buffalo Creek Hollow. Out of

2304-502: Was never read his Miranda rights , arrested, or tried. In early 2010, ASA publicly expressed outrage over a controversy involving Frances Fox Piven and Glenn Beck , asking Fox News to stop Beck's comments. An article written by Piven concerning mobilization of unemployed individuals had spurred the commentary by Beck. ASA suggests in their public statements that the line should be drawn at name calling and that political commentators should instead rely on gathering evidence related to

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