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Full-Text Articles in Law

Construction Law Apologetics, Carl J. Circo Jun 2022

Construction Law Apologetics, Carl J. Circo

Arkansas Law Review

This Article challenges the legal academy’s perceptions and offers an alternative assessment of the relationship between the construction industry and law. Part I reviews practical reasons for teaching construction law to law students. In brief, Part I first demonstrates how a construction law course pairs advanced instruction in several topics introduced in the core curriculum, such as contracts, torts, civil procedure, evidence, remedies, and dispute resolution, with lessons on adapting legal knowledge to the specialized construction industry practice. Next, it explains how studying construction law can prepare students to represent clients in a wide range of complex commercial matters that …


A Legal Overview Of The Osha Noise Standard, Peter T. Parashes Jul 2015

A Legal Overview Of The Osha Noise Standard, Peter T. Parashes

Akron Law Review

SINCE AUGUST 27, 1971, when it became effective, the Occupational Safety and Health Administration's (OSHA) regulation concerning noise levels has been the source of considerable controversy and confusion.... The law concerning the noise standard is itself far from settled. The multitude of decisions from the Occupational Safety and Health Review Commission...and administrative law judges have left many questions unanswered and have allowed substantial uncertainty to remain regarding the interpretation and application of the standard


Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez Apr 2012

Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez

Pepperdine Dispute Resolution Law Journal

In an expansive marketplace where large organizations in the construction, manufacturing, service and union industries are facing increased global competition, collaborative labor relations are essential to maximizing efficiency and productivity. It is for this reason that developing collaboration between labor and management is highly researched and consulted by academics and professionals throughout the world. Although various models of collaboration have been developed, none have been found to clearly overcome that insidious conflict and paradigm of "Labor vs. Management." The purpose of this paper is to provide academics and consultants (mediators/facilitators) an additional perspective for designing, developing and implementing the best …


Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers Mar 2012

Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers

Pepperdine Dispute Resolution Law Journal

This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …


Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk Jan 2011

Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk

Arbitration Brief

No abstract provided.


Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq Jan 2009

Section 8(F) Prehire Agreements And The Exception To Majority Representation: Are Construction Workers Getting The Shaft?, Desiree Leclercq

Hofstra Labor & Employment Law Journal

No abstract provided.


Setting Aside Set Asides: The New Standard For Affirmative Action Programs In The Construction Industry, Steven K. Diliberto Jan 1997

Setting Aside Set Asides: The New Standard For Affirmative Action Programs In The Construction Industry, Steven K. Diliberto

Villanova Law Review

No abstract provided.


The Retroactive Application Of Deklewa: Inequitable And Unjust Results For Construction Industry Employers, Howard Douglas Fineman Jan 1991

The Retroactive Application Of Deklewa: Inequitable And Unjust Results For Construction Industry Employers, Howard Douglas Fineman

Hofstra Labor & Employment Law Journal

No abstract provided.


Mechanic's Lien Priority Rights For Design Professionals Sep 1989

Mechanic's Lien Priority Rights For Design Professionals

Washington and Lee Law Review

No abstract provided.


Deregulating Labour Markets And Industrial Relations In British And United States Construction, Stephen Evans, Roy Lewis Jan 1988

Deregulating Labour Markets And Industrial Relations In British And United States Construction, Stephen Evans, Roy Lewis

Hofstra Labor & Employment Law Journal

No abstract provided.


Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown Jan 1988

Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown

Campbell Law Review

This Note questions the North Carolina Court of Appeals decision in Home Electric Co. of Lenoir, Inc. v. Hall & Underdown Heating & Air Conditioning Co. This Note discusses sections 90 and 87(2) of the Restatement (Second) of Contracts and their corresponding comments and illustrations; the North Carolina Supreme Court decision in Wachovia Bank and Trust v. Rubish; and the rationale of the Fourth Circuit Court of Appeals in Allen M. Campbell Co. v. Virginia Metal Industries, which allowed the affirmative use of the promissory estoppel doctrine in a construction bidding case. This Note also examines the majority …


When Real Property Rights Vest In California: What Happens When A Plantiff Has Not Secured Required Governmental Approvals, Steven L. Mcneal Jan 1988

When Real Property Rights Vest In California: What Happens When A Plantiff Has Not Secured Required Governmental Approvals, Steven L. Mcneal

Santa Clara Law Review

No abstract provided.


Pennsylvania's Antibid-Rigging Act: A First Step Towards An Antitrust Law Or The Only Step, Ellen F. Kandell Jan 1985

Pennsylvania's Antibid-Rigging Act: A First Step Towards An Antitrust Law Or The Only Step, Ellen F. Kandell

Villanova Law Review

No abstract provided.


Contracting For Construction Management Services, Richard D. Conner Jan 1983

Contracting For Construction Management Services, Richard D. Conner

Law and Contemporary Problems

No abstract provided.


The Architectural Profession Responds To Construction Management And Design-Build: The Spotlight On Aia Documents, Justin Sweet Jan 1983

The Architectural Profession Responds To Construction Management And Design-Build: The Spotlight On Aia Documents, Justin Sweet

Law and Contemporary Problems

No abstract provided.


Dispute Management Under Modern Construction Systems, Robert Coulson Jan 1983

Dispute Management Under Modern Construction Systems, Robert Coulson

Law and Contemporary Problems

No abstract provided.


Construction Management And Design-Build/Fast Track Construction: A Solution Which Uncovers A Problem For The Surety, C. A. Foster Jan 1983

Construction Management And Design-Build/Fast Track Construction: A Solution Which Uncovers A Problem For The Surety, C. A. Foster

Law and Contemporary Problems

No abstract provided.


New Construction Methods And New Roles For Engineers, Milton F. Lunch Jan 1983

New Construction Methods And New Roles For Engineers, Milton F. Lunch

Law and Contemporary Problems

No abstract provided.


Afterword: Contracts And Uncertainty, Walter F. Pratt Jr. Jan 1983

Afterword: Contracts And Uncertainty, Walter F. Pratt Jr.

Law and Contemporary Problems

No abstract provided.


The Impact Of Fast Track Construction And Construction Management On Subcontractors, William R. Squires Iii, Michael J. Murphy Jan 1983

The Impact Of Fast Track Construction And Construction Management On Subcontractors, William R. Squires Iii, Michael J. Murphy

Law and Contemporary Problems

No abstract provided.


Construction Management And Design-Build: An Owner’S Experience In The Public Sector, David R. Dibner Jan 1983

Construction Management And Design-Build: An Owner’S Experience In The Public Sector, David R. Dibner

Law and Contemporary Problems

No abstract provided.


Allocation Of Risk In The Construction Industry: The Nonprofessional Owner And His Construction Manager Jan 1983

Allocation Of Risk In The Construction Industry: The Nonprofessional Owner And His Construction Manager

Law and Contemporary Problems

No abstract provided.


Construction Management And The Specialty Trade (Prime) Contractors, John B. Tieder Jr., Robert K. Cox Jan 1983

Construction Management And The Specialty Trade (Prime) Contractors, John B. Tieder Jr., Robert K. Cox

Law and Contemporary Problems

No abstract provided.


Hot-Cargo Agreements In The Construction Industry: Restraints On Subcontracting Under The Proviso To Section 8(E), Michael R. Dreeben Feb 1981

Hot-Cargo Agreements In The Construction Industry: Restraints On Subcontracting Under The Proviso To Section 8(E), Michael R. Dreeben

Duke Law Journal

No abstract provided.