Law Commons^™

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

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 provisions at issue …

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

Christopher C. French

Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes

Wayne R. Barnes

In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …

Construyendo La Definición De Variaciones En El Contrato De Obra., Walter Vásquez Rebaza

Walter Vásquez Rebaza

No abstract provided.

Presenter: Correcting A False Step: Rethinking The ‘Actual Expenses’ Affirmative Defense To The Texas Constructive Trust Fund Act, Wayne Barnes

Wayne R. Barnes

No abstract provided.

Arbitraje De Construcción: Aspectos Principales De Las Distintas Modalidades De Contratos De Construcción, Eric Franco Regjo

Eric Franco

No abstract provided.

Estimating The Cost Of An Article V Convention: State Constitutional Conventions In The 1960s And 1970s, Geoffrey M. Hersch

Geoffrey M Hersch

This paper provides available information regarding the cost and organization of state constitutional conventions during the 1960s and 1970s. Further, this paper uses that data to estimate the cost of different approaches to an Article V convention for proposing amendments.

El Administrador Inmobiliario: A La Espera De Un Marco Legal, Julio Eduardo Pozo Sánchez

Julio Eduardo Pozo Sánchez

Ante la propuesta normativa de regular la administración inmobiliaria, el autor destaca la importancia de contar con una legislación especial que permita establecer las facultades, atribuciones y responsabilidades de un administrador inmobiliario dentro de la junta de propietarios, en el marco de un régimen de propiedad exclusiva y propiedad común.

Adr In Construction – Perú, Jonnathan Bravo

Jonnathan Bravo Venegas

No abstract provided.

Democracia, Familia Y Matrimonio, Ramiro De Valdivia Cano

Ramiro De Valdivia Cano

En las "novelas rosa" de la antigüedad se estableció el dogma que señala que sólo la celebración del ritual del matrimonio podría resolver en definitivamente todos los problemas de los héroes y heroínas involucrados. El consumismo de la actualidad sostiene que la solución definitiva es el divorcio. Lo que se necesita es educación.

Brief Of Christopher L. Tuttle, U.S. Court Of Appeals For The Eleventh Circuit, Case No. 13-12310-A, Daniel A. Horwitz

Daniel A. Horwitz

No abstract provided.

New Trends In Construction Dispute Resolution In Peru: Implementation Of Dispute Boards, Juan Jonnathan Bravo, Jaime Gray, César Guzmán-Barrón, Rigoberto Zúñiga

Jonnathan Bravo Venegas

“...in recent years the Peruvian State has been contracting steadily, with ever larger numbers of infrastructure works that have stimulated the economy and added value to the country. However, the economy is not the only thing to grow with increased construction activ-ity; so too do the problems that arise during execution of contracts..."

Green Building Geography Across The United States: Does Governmental Incentives Or Economic Growth Stimulate Construction?, Darren Prum, Tetsuo Kobayashi

Darren A. Prum

As green building activity continues to rise across the country, some state governments decided to create incentives that would motivate developers to voluntarily pursue third party certification for their real estate projects in order to assist in meeting sustainability and environmental goals. Despite the growing number of studies in green buildings, the geography of green buildings and sustainable construction only includes a few studies, which emphasize the lack of green building research from the spatial perspective and their relevance to public policies the lack of green building research from the spatial perspective and their relevance to public policies. This study …

Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich

Thomas J. Stipanowich

Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …

Liabilities For Design Defects In A Collaborative, Integrated, Digital Age, Juan Jonnathan Bravo, Jaime Gray

Jonnathan Bravo Venegas

The purpose of this article is to address the new challenges concerning liabilities arising from errors or defects in construction projects that employ new design methods and techniques such as BIM and new collaborative project delivery systems. Following an examination of some relevant legal issues, with particular emphasis on the Peruvian Civil Code, the authors propose that parties should clearly establish in their agreements the scope of work or services and the liability each of them should bear.

Supreme Court To Hear New Case On Religion In Public Life, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Washington Post article.

Against this “messy” backdrop, said Richard Garnett, a law professor at Notre Dame, the court’s view on legislative prayer “is actually one of the clearer areas in the court’s Establishment Clause” jurisprudence.

Presentation Slides - “Built To Suit” As An Instrument For The Business Constrution Or Renovation In The Contemporary Era: Definition, Characteristics And The Real Estate Receivables Certificates (Rerc)”, Claudia Ribeiro Pereira Nunes

Claudia Ribeiro Pereira Nunes

The construction or renovation is a high economic value investment to the entrepreneur. In many cases, this values disbursement, without prompt financial returns required to carry out the establishment construction or restructuring, hinders its own growth. Justified this work, therefore, implies the need to understand the Built to Suit and its relation to the Real Estate Receivables Certificates (RERC).The aim of this essay is to understand Built to Suit in Contemporary Era. The specific objectives are, after a brief historical analysis of the contract: (i) to outline the definition, (ii) submit their characteristics and special clauses, and (iii) understand the …

Presentation: Luke Beck, Under The Commonwealth: The Royal Succession And The Religious Tests Clause Of The Australian Constitution, After Williams Colloquium (University Of Southern Queensland Oct. 4, 2013), Citing Teachout-Tillman Exchange And Tillman's Interpreting Precise Constitutional Text, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Luke Beck, Presentation, Under the Commonwealth: The Royal Succession and the Religious Tests Clause of the Australian Constitution, After Williams [v Cwlth] Colloquium (University of Southern Queensland Oct. 4, 2013) (on file with author), citing Teachout-Tillman Exchange and Tillman's Interpreting Precise Constitutional Text.

[October 17, 2013]

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.

Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.

Mohamed Raffa Dr.

So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.

Las Voces Opacadas, Los Gritos No Escuchados: La Errónea Concepción Sobre La Represión De La Publicidad Sexista En La Normativa Peruana, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Greenbacks For Building Green: Does A Lender For Sustainable Construction Projects Need To Make Adjustments To Its Current Practices?, Darren Prum

Darren A. Prum

In the development of real property, the availability of money to secure construction resources becomes an important factor for success. The construction loan plays a central role in providing funds to erect a building on real property, but a lender faces numerous exposures that might result in a loss. In evaluating a project to determine its viability and to uncover any exposure it might present, a lender will conduct an extensive underwriting review process and will use mitigation techniques through the construction loan agreement and disbursement requirements to reduce the perceived risks to an acceptable business level, for those developments …

The Next Green Issue: Considering Property Insurance For The Green Building, Darren A. Prum

Darren A. Prum

As government policies across the country try to encourage more environmentally friendly buildings, the next green issue facing the owners of the completed structure is obtaining the proper insurance coverage to protect their investment. A typical property insurance policy covers the costs to reconstruct or replace property damaged as the result of a casualty, so the Insurance Service Organization and other carriers offer specific green building endorsements in an effort to augment the underlying property policy. However, these buildings maintain unique characteristics, which becomes relevant to the owner and policy underwriter as well as other stakeholders like the holder of …

"La Ley De Racionalización Y Sostenibilidad De La Administración Local: De La Duda A La Incertidumbre", Luis González Vaqué

Luis González Vaqué

No abstract provided.

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.

Injunctions Against The Opening Of Gas Storage Facilities, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

A recent decision from the Mexican Supreme Court, clarified the issued as to whether State Courts may issued injunctions against the opening of gas storage facilities related to the gas pipelines for the distribution of natural gas.