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496 full-text articles. Page 1 of 16.

Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner 2019 William & Mary Law School

Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner

David E. Boelzner

No abstract provided.


School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer 2019 William & Mary Law School

School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer

James G. Dwyer

No abstract provided.


Liquidated Damages: An Analysis Of Their Use And Effectiveness, Alfredo N. Aragon 2019 California Polytechnic State University, San Luis Obispo

Liquidated Damages: An Analysis Of Their Use And Effectiveness, Alfredo N. Aragon

Construction Management

A construction company’s success and/or failure is dependent upon project completion with respect to time and budget. Failure to meet the contract completion date results in a loss of profit for owners and contractors alike. In order to help mitigate project delays, liquidated damage clauses have been included into construction contracts. Incorporating provisions within the construction contracts in the form of liquidated damages aims to help shift the financial burden when there is a failure to meet contractual obligations, hopefully offering quick compensation for delays. Unlike general or actual damages, liquidated damages are pre-defined and agreed upon prior ...


Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action, 2019 University of Minnesota Law School

Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Critical Analysis Of Case Law: Are Partnering Charters Binding?, Milagros Pinto Nunez, Douglas D. Gransberg 2019 University of Panama

Critical Analysis Of Case Law: Are Partnering Charters Binding?, Milagros Pinto Nunez, Douglas D. Gransberg

Civil, Construction and Environmental Engineering Publications

Construction project partnering in the United States has been used successfully for nearly 30 years in reducing disputes. Most partnered projects are characterized by the joint development of a nonbinding partnering charter between the owner and the contractor, which encapsulates the project’s goals and lays out the desired process for resolving issues at the lowest level. This paper explores the outcomes when partnered projects fail and the parties involved must turn to the courts to settle their disputes. The paper evaluates the case law for 16 partnered projects through content analysis and cross-case comparison. The paper explores the question ...


Death, Law & Politics: The Effects Of Embracing A Liberty-Restrictive Vs. A Liberty-Enhancing Interpretation Of Habeas Corpus, Marvin L. Astrada 2019 University of Baltimore Law

Death, Law & Politics: The Effects Of Embracing A Liberty-Restrictive Vs. A Liberty-Enhancing Interpretation Of Habeas Corpus, Marvin L. Astrada

University of Baltimore Law Review

No abstract provided.


Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks 2018 St. Mary's University School of Law

Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks

St. Mary's Law Journal

Abstract forthcoming


Arguing With The Building Inspector About Gender-Neutral Bathrooms, Jennifer S. Hendricks 2018 University of Colorado Law School

Arguing With The Building Inspector About Gender-Neutral Bathrooms, Jennifer S. Hendricks

Articles

Conventional interpretations of building codes are among the greatest barriers to building the gender-neutral bathrooms of the future. Focusing on the example of schools, this Essay argues for a reinterpretation of the International Building Code in light of its policy goals: safe, private, and equitable access to public bathrooms. Under this reinterpretation, the Code allows all public bathrooms to be gender-neutral.


Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy 2018 The University of Notre Dame Australia

Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy

The University of Notre Dame Australia Law Review

No abstract provided.


"A Few Bad Apples": How The Narrative Of Isolated Misconduct Distorts Civil Rights Doctrine, Chiraag Bains 2018 Demos

"A Few Bad Apples": How The Narrative Of Isolated Misconduct Distorts Civil Rights Doctrine, Chiraag Bains

Indiana Law Journal

In Parts I and II, I examine precedents involving the two broad topics with which this Essay began: policing and race, respectively. The narrative is perhaps more familiar in the policing context. Attorney General Jeff Sessions articulated it succinctly in a March 2017 memo ordering the reevaluation of all consent decrees the Justice Department had entered with police departments because “[t]he misdeeds of individual bad actors should not impugn or undermine the legitimate and honorable work that law enforcement officers and agencies perform in keeping American communities safe.”4 The narrative applies with respect to race, as well, although ...


Contracts: Mndot's Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. V. Mathy Construction Company, David Ribnick 2018 Mitchell Hamline School of Law

Contracts: Mndot's Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. V. Mathy Construction Company, David Ribnick

Mitchell Hamline Law Review

No abstract provided.


The Architectural Works Copyright Act: Can It Protect An Architect's State Of The Art Development When Funded Through Federal Dollars?, Kyle R. Moore 2018 Marquette University Law School

The Architectural Works Copyright Act: Can It Protect An Architect's State Of The Art Development When Funded Through Federal Dollars?, Kyle R. Moore

Marquette Intellectual Property Law Review

Westlawn Gardens, the multi-million, multi-phase redevelopment, is nearing completion. As it stands, the LEED award winning development is the largest public housing neighborhood in Wisconsin. But what if a commercial company or individual tried to recreate that development; would the original architect’s work be protected under copyright law?

Copyright law has provided no answers and the law typically protects the architect, but when federal dollars are handed down to independent agencies the ownership line is blurred. 17 United States Code Section 105, states that “copyright protection under this title is not available for any work of the United States ...


Revolution Or Continuity? Bank Hamizrachi's Role In The Development Of Judicial Review Models In Israel מהפכה או המשכיות?: מקומו של פסק דין בנק המזרחי בהתפתחות המודלים של ביקורת שיפוטית בישראל, Ittai Bar-Siman-Tov 2017 Bar-Ilan University

Revolution Or Continuity? Bank Hamizrachi's Role In The Development Of Judicial Review Models In Israel מהפכה או המשכיות?: מקומו של פסק דין בנק המזרחי בהתפתחות המודלים של ביקורת שיפוטית בישראל, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article examines the role of the Bank Hamizrachi case in the development of models of judicial review in Israel. The article analyzes the developments over the years in the attitude of the case-law toward the various models of judicial review: from the era of parliamentary sovereignty; through the Bergman case, which created a model of semi-procedural judicial review stemming from procedural constitutional entrenchment; and the Nimrodi case, which recognized the procedural model a few years before Bank Hamizrachi, which in turn, created the substantive constitutional model; to the Quantinsky ruling in the matter of a multi-apartment tax, which was ...


Defective Construction Cgl Coverage: The Subcontractor Exception, Christian H. Robertson II 2017 University of Michigan Law School

Defective Construction Cgl Coverage: The Subcontractor Exception, Christian H. Robertson Ii

Michigan Business & Entrepreneurial Law Review

In the construction industry, commercial general liability (CGL) insur-ance is the standard policy for managing property damage risks. Histori-cally, CGL policies do not cover an insured’s own defective construction because the insured controls its own work and can reasonably foresee the damage that may result from defective work. But what about the defective work of an insured’s subcontractor? Practical considerations limit an in-sured’s effective control of every aspect of a subcontractor’s work, and this limitation complicates the insured’s ability to foresee future risks. In 1986, the increasing involvement of subcontractors led general contractors to in-sist ...


Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter 2017 Pepperdine University

Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter

Pepperdine Dispute Resolution Law Journal

In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to ...


High Noon At Arlington Ranch Homeowners Ass’N V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 66 (Sept. 27, 2017) (En Banc), Homero Gonzalez 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

High Noon At Arlington Ranch Homeowners Ass’N V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 66 (Sept. 27, 2017) (En Banc), Homero Gonzalez

Nevada Supreme Court Summaries

Under NRS Chapters 40 and 116, homeowners associations (HOAs) have the representational standing to represent all homeowners who purchase their homes after litigation is commenced by or against the HOAs. However, the Court clarified that there is no such representational standing to bring or continue to pursue a case on behalf of homeowners who sell their units after litigation has begun.


Whatcom County V. Hirst, Et Al, Stephanie A. George 2017 Alexander Blewett III School of Law at the University of Montana

Whatcom County V. Hirst, Et Al, Stephanie A. George

Public Land & Resources Law Review

Upending decades of common practice in water management and building in the state of Washington, the Washington Supreme Court found Whatcom County violated the state’s Growth Management Act. Whatcom County used the Department of Ecology’s Nooksack Rule in evaluating permits for buildings and subdivisions that rely on permit-exempt wells. This decision affects families across the state of Washington.


Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Iliescu V. Steppan, 133 Nev. Adv. Op. 25 (May 25, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The NRS 108.245(1) actual notice exception does not apply to offsite work and services when no onsite work has been performed on the property.


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