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Construction Law Commons

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2016

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Institution
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Articles 1 - 12 of 12

Full-Text Articles in Construction Law

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

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 Dec 2016

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 (1956 - )

No abstract provided.


Construction Law, Frank O. Brown Jr. Dec 2016

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy opinions by Georgia appellate courts between June 1, 2015 and May 31, 2016 relevant to the practice of construction law and on an important amendment to Official Code of Georgia Annotated (O.C.G.A.) section 13-8-2,1 expanding its anti-indemnity provisions.


Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis Jun 2016

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 Apr 2016

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

Georgia Journal of Law & Technology

No abstract provided.


The Constitution And Enforceable Natural Law, Karl Deuble Apr 2016

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 Apr 2016

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

Georgia Journal of Law & Technology

No abstract provided.


De Facto Class Actions? Plaintiff- And Defendant-Oriented Injunctions In Election Law, Voting Rights And Other Constitutional Cases, Michael T. Morley Apr 2016

De Facto Class Actions? Plaintiff- And Defendant-Oriented Injunctions In Election Law, Voting Rights And Other Constitutional Cases, Michael T. Morley

Scholarly Publications

No abstract provided.


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

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 Mar 2016

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 what and how …


Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk Feb 2016

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.


The 'Press,' Then & Now, Sonja R. West Jan 2016

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 about the …