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Freedom Of Artistic Creation In The Constitution Of The Republic Of Poland, Filip Cieply 2017 The University of Akron

Freedom Of Artistic Creation In The Constitution Of The Republic Of Poland, Filip Cieply

ConLawNOW

The question of freedom of artistic creation, and of its integral aspect at the boundaries of art, is both intriguing in theoretical terms and significant in virtually every age and culture. Limitation of freedom of artistic creation is an issue that crosses various paradigms, hierarchies of values and normative systems.

The aim of this paper is to give an introduction to the interpretation of Article 73 of the Constitution of the Republic of Poland, which provides for freedom of artistic expression. In particular, the focus is put on the constitutional basis for legally limiting the freedom of artistic creation.


Construction Contracts Act (2013): Implications Of The Act For The Practicing Quantity Surveyor. A Company Based Investigation, Roy Byrne 2017 Dublin Institute of Technology

Construction Contracts Act (2013): Implications Of The Act For The Practicing Quantity Surveyor. A Company Based Investigation, Roy Byrne

Other resources

Abstract

The Construction Contracts Act 2013 was introduced into the Irish construction industry for the primary benefit of the sub-contractors, and to address their exposure to the poor payment practices that were prevalent in the industry.

The Act was introduced in the Seanad by Senator Feargal Quinn in May 2010, as a private member’s bill. It was enacted on 29th July 2013 and recently came into effect on the 25th July 2016. The Act seeks to regulate payments under construction contracts and to provide fast track dispute resolution for matters related to payments. The Act is centred ...


Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner 2017 Claremont McKenna College

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division ...


Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens 2016 Nevada Law Journal

Dykema V. Del Webb Communities, Inc., 132 Nev. Adv. Op. 82 (Dec. 29, 2016), Christopher Giddens

Nevada Supreme Court Summaries

The Court determined that a notice of completion’s recording date—not the date on which the notice is signed and notarized—signifies when the notice is “issued” to trigger “substantial completion” under NRS 11.2055(1)(b) for NRS Chapter 11’s construction defect statutes of repose.


A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese 2016 Villanova University Charles Widger School of Law

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese

Villanova Law Review

No abstract provided.


Las Juntas De Resolución De Disputas (Dispute Boards) En La Nueva Ley De Contrataciones Del Estado Peruano, Eric Franco Regjo 2016 Selected Works

Las Juntas De Resolución De Disputas (Dispute Boards) En La Nueva Ley De Contrataciones Del Estado Peruano, Eric Franco Regjo

Eric Franco

No abstract provided.


Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis 2016 University of Nevada, Las Vegas -- William S. Boyd School of Law

Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis

Nevada Law Journal

No abstract provided.


Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar 2016 University of Georgia School of Law

Virtual Politics And The 2000 Election: Does First Amendment Protection Extend To Political Speech On The Internet?, Amity Hough Farrar

Journal of Intellectual Property Law

No abstract provided.


The Constitution And Enforceable Natural Law, Karl Deuble 2016 St. John Fisher College

The Constitution And Enforceable Natural Law, Karl Deuble

The Review: A Journal of Undergraduate Student Research

No abstract provided.


The Architectural Works Copyright Protection Act At Twenty: Has Full Protection Made A Difference?, David E. Shipley 2016 University of Georgia School of Law

The Architectural Works Copyright Protection Act At Twenty: Has Full Protection Made A Difference?, David E. Shipley

Journal of Intellectual Property Law

No abstract provided.


Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley 2016 Nevada Law Journal

Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley

Nevada Supreme Court Summaries

The Court determine that the decision of the State Contractors’ Board closing homeowners’ complaint and directing contractor to make repairs to residence was not a final decision resolving a contested case, as required to preclude a homeowner from relitigating whether contractor was required to have an electrical license. The Court also determine that genuine issues of material fact existed as to whether the contractor needed an electrical license and genuine issues of material fact existed as to whether the contractor completed its contractual obligations to homeowner.


Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael Wells 2016 University of Georgia School of Law

Attorney’S Fees, Nominal Damages, And Section 1983 Litigation, Thomas A. Eaton, Michael Wells

Scholarly Works

Can plaintiffs recover attorney’s fees under 42 U.S.C. § 1988 when they establish constitutional violations but recover only nominal damages or low compensatory damages? Some federal appellate courts have concluded that no fee, or a severely reduced fee, should be awarded in such circumstances. This position, which we call the “low award, low fee” approach, rests primarily on the Supreme Court’s 1992 opinion in Farrar v. Hobby.

We argue that a “low award, low fee” approach is misguided for two main reasons. First, the majority opinion in Farrar is fragmented and the factual record is opaque regarding ...


Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk 2016 Seattle University School of Law

Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk

Seattle Journal for Social Justice

No abstract provided.


Criminal Procedure In Perspective, Kit Kinports 2016 Penn State Law

Criminal Procedure In Perspective, Kit Kinports

Kit Kinports

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional ...


The 'Press,' Then & Now, Sonja R. West 2016 University of Georgia School of Law

The 'Press,' Then & Now, Sonja R. West

Scholarly Works

Does the First Amendment’s protection of freedom of “the press” simply mean that we all have the right to use mass communication technology to disseminate our speech? Or does it provide constitutional safeguards for a particular group of speakers who function as government watchdogs and citizen surrogates? This question defines the current debate over the Press Clause. The Supreme Court’s Citizens United decision, along with recent work by Michael McConnell and Eugene Volokh, suggests the answer is the former. This article pushes back on that view.

It starts by expanding the scope of the relevant historical evidence. Discussions ...


Os Órgãos De Solução De Controvérsias (Dispute Boards) Na Nova Lei De Licitações Do Estado Peruano, Eric Franco Regjo 2015 Selected Works

Os Órgãos De Solução De Controvérsias (Dispute Boards) Na Nova Lei De Licitações Do Estado Peruano, Eric Franco Regjo

Eric Franco

A nova Lei de Licitações peruana (2015), introduziu pela primeira vez na região a regulamentação dos Dispute Boards para projetos de construção de obras públicas financiadas com recursos públicos. Esta lei e sua regulamentação, entraram em vigor em 09 de janeiro de 2016.


Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French 2015 Penn State Law

Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French

Christopher C. French


Imagine a situation in which a homeowner hires a contractor to redo a bathroom, for example, and the work is done incompetently such that the plumbing leaks and causes damage to other parts of the house.  If the homeowner sues the contractor to recover the costs of repairing the faulty workmanship and the damage caused by the faulty workmanship, has there been an “occurrence” that is covered by the contractor’s Commercial General Liability (“CGL”) insurance policy?  This article provides an answer to that question.

The issue of whether construction defects are occurrences under CGL insurance policies has been litigated ...


D.R. Horton, Inc. V. Eighth Jud. Dist. Ct, 131 Nev., Adv. Op. 86 (October 29, 2015), Brandonn Grossman 2015 Nevada Law Journal

D.R. Horton, Inc. V. Eighth Jud. Dist. Ct, 131 Nev., Adv. Op. 86 (October 29, 2015), Brandonn Grossman

Nevada Supreme Court Summaries

The Nevada Supreme Court considered a Petitioner home builder’s petition for writ relief and appeal of a district court order granting Respondent HOA’s ex parte motion for a stay and enlargement of time for service pursuant to NRS 40.647(2)(b). Ruling on Petitioner’s two writ petitions, the Court held the district court’s grant of a stay was not in error and the NRCP 41(e) five-year limitation period was tolled under the Boren exception to NRCP 41(e). Accordingly, the Court denied both writ petitions.


Reclamos Por Demoras, Disrupción Y Aceleración En Proyectos De Construcción, Eric Franco Regjo 2015 Selected Works

Reclamos Por Demoras, Disrupción Y Aceleración En Proyectos De Construcción, Eric Franco Regjo

Eric Franco

Se desarrolla una explicación sobre la naturaleza y los conceptos principales con relación a reclamos por demoras, disrupción y aceleración en proyectos de construcción. El objetivo es mostrar que este tipo de reclamos son comunes en la industria de la construcción y que si bien no hay un amplio desarrollo legal sobre los mismos en Latinoamérica, sí lo hay en otras jurisdicciones cuya experiencia nos puede servir de guía. 
 
Dado que la gran mayoría de estos tipos de reclamos son resueltos por las partes mediante trato directo, los precedentes disponibles son sólo una pequeña muestra de la riqueza de los ...


Please Report To The Principal's Office, Urine Trouble: The Effect Of Board Of Education V. Earls On America's Schoolchildren, M. Casey Kucharson 2015 The University of Akron

Please Report To The Principal's Office, Urine Trouble: The Effect Of Board Of Education V. Earls On America's Schoolchildren, M. Casey Kucharson

Akron Law Review

This Note analyzes the Supreme Court’s recent opinion in Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls and its implication for the future of the Fourth Amendment and drug testing. Part II of this Note documents the history and the expansion of the “special needs” doctrine, and illustrates how the doctrine has whittled away high school and middle school students’ Fourth Amendment guarantees. Part III of this Note introduces the parties and gives a picture of the circumstances surrounding the Earls case. Part III then discusses the District Court for the Western District ...


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