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534 full-text articles. Page 1 of 17.

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs 2020 Northwestern Pritzker School of Law

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


Liability Of The Structural Engineer: Establishing, Quantifying, And Managing Risks, Justin Thomas Ittmann 2020 Louisiana State University

Liability Of The Structural Engineer: Establishing, Quantifying, And Managing Risks, Justin Thomas Ittmann

LSU Doctoral Dissertations

Liability is an important topic to all practicing professionals—including practicing engineers. However, the topic of liability does not receive the necessary attention required relative to other professions. Further, engineers that desire to learn more about liability in relation to their practice do not have many university options within an engineering curriculum or from outside materials available to a non-legally trained engineer. The goal of the study is to provide a comprehensive overview of liability directed towards an intelligent practicing engineer, while avoiding unnecessary over-simplification of the material. This study initially provides an in depth survey of the legal standard ...


Avoidance Creep, Charlotte Garden 2020 Seattle University School of Law

Avoidance Creep, Charlotte Garden

Faculty Scholarship

At first glance, constitutional avoidance—the principle that courts construe statutes so as to avoid conflict with the Constitution whenever possible—appears both unremarkable and benign. But when courts engage in constitutional avoidance, they frequently construe statutory language in a manner contrary to both its plain meaning and to the underlying congressional intent. Then, successive decisions often magnify the problems of avoidance—a phenomenon I call “avoidance creep.” When a court distorts a statute in service of constitutional avoidance, a later court may amplify the distortion, incrementally changing both statutory and constitutional doctrine in ways that are unsupported by any ...


Construction Law, Frank O. Brown Jr. 2020 Mercer University School of Law

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy decisions by Georgia appellate courts and Georgia federal district courts between June 1, 2018 and May 31, 2019, that are relevant to the practice of construction law.

  • Arbitration
  • Contract Disclaimers
  • Indemnification Provisions
  • Witness Value Testimony
  • Acceptance Doctrine
  • Apportionment of Damages
  • Liquidated Damages
  • Statute of Repose


Proliferating Chinks In The Armor, David E. Boelzner 2019 William & Mary Law School

Proliferating Chinks In The Armor, David E. Boelzner

David E. Boelzner

No abstract provided.


Partners?, David E. Boelzner 2019 William & Mary Law School

Partners?, David E. Boelzner

David E. Boelzner

No abstract provided.


The Case Against Arbitration, David E. Boelzner 2019 William & Mary Law School

The Case Against Arbitration, David E. Boelzner

David E. Boelzner

No abstract provided.


Owner Friendly Documents Spell Trouble, David E. Boelzner 2019 William & Mary Law School

Owner Friendly Documents Spell Trouble, David E. Boelzner

David E. Boelzner

No abstract provided.


How To Stay Out Of Court…Part Ii, David E. Boelzner 2019 William & Mary Law School

How To Stay Out Of Court…Part Ii, David E. Boelzner

David E. Boelzner

No abstract provided.


Legal Protection Of Design Work, David E. Boelzner 2019 William & Mary Law School

Legal Protection Of Design Work, David E. Boelzner

David E. Boelzner

No abstract provided.


A Good Rule Assailed, David E. Boelzner 2019 William & Mary Law School

A Good Rule Assailed, David E. Boelzner

David E. Boelzner

No abstract provided.


A Non-Improvement In Arbitration Of Construction Disputes, David E. Boelzner 2019 William & Mary Law School

A Non-Improvement In Arbitration Of Construction Disputes, David E. Boelzner

David E. Boelzner

No abstract provided.


Knick V. Township Of Scott, Alizabeth A. Bronsdon 2019 Alexander Blewett III School of Law at the University of Montana

Knick V. Township Of Scott, Alizabeth A. Bronsdon

Public Land & Resources Law Review

The Supreme Court overruled a 34-year-old precedent and sparked a sharp dissent by holding that a landowner impacted by a local ordinance requiring public access to an unofficial cemetery on her property could bring a takings claim directly in federal court. The decision eliminated a Catch-22 state-litigation requirement that effectively barred local takings plaintiffs from federal court, but raised concerns about government land use and regulation, judicial federalism, and the role of stare decisis.


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.


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