Open Access. Powered by Scholars. Published by Universities.®

Construction Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2022

Discipline
Institution
Keyword
Publication
Publication Type

Articles 91 - 111 of 111

Full-Text Articles in Construction Law

Structural Precarity And Potential In Condominium Governance Design, Andrea J. Boyack Jun 2022

Structural Precarity And Potential In Condominium Governance Design, Andrea J. Boyack

Arkansas Law Review

This Article examines a condominium’s legal structure in the context of ensuring construction and upkeep quality in a multifamily building and explores possible systemic improvements. Part I considers three latent vulnerabilities inherent in the condominium governance structure: (1) overprotection of developers; (2) unwillingness of members to ensure optimal upkeep; and (3) association financial precarity. Part II critiques some suggested legal responses to the Surfside disaster and discusses the swift and dramatic impacts on condominium governance caused by changed underwriting requirements of Fannie Mae and Freddie Mac. Finally, this Article concludes by calling for more effective stabilization of condominium governance to …


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 …


Construction Law: The English Route To Modern Construction Law, Vivian Ramsey Jun 2022

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey

Arkansas Law Review

In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …


Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner Jun 2022

Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner

Arkansas Law Review

“Construction Law” is a rapidly emerging “capstone” legal field that over the past century has subsumed principles from many traditional fields of law and has contextually created new implied rights and obligations unknown to such traditional fields. Construction law’s emergence has been driven by the extraordinary modern growth in global construction activity, which in 2020 accounted for 13% (US$10.7 trillion) of the global gross domestic product and which by 2030 is expected to grow by another 42%. This growth in construction activities engages millions of firms and persons and has increased considerably the technical complexity and rapidity of changes in …


The Kids Are All Right: The Law Of Free Expression And New Information Technologies, Mark Tushnet Jun 2022

The Kids Are All Right: The Law Of Free Expression And New Information Technologies, Mark Tushnet

Catholic University Law Review

Recently the literature on free expression has turned to the question, should the law of free expression be adjusted because of the availability of new information technologies (hereafter NIT), and if so, how? The only thing about NIT that distinguishes them from traditional media is that disseminating expression via NIT is much less expensive than doing so via traditional media. The tenor of recent scholarship on NIT and free expression is that the invention of NIT does support some modification of free expression law. This Essay argues that that conclusion might be correct, but that many of the arguments offered …


Case Law On American Indians, Thomas P. Schlosser Jun 2022

Case Law On American Indians, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


States May Statutorily Bind Presidential Electors, The Myth Of National Popular Vote, The Reality Of Elector Unit Rule Voting And Old Light On Three-Fifths Of Other Persons, William Josephson Jun 2022

States May Statutorily Bind Presidential Electors, The Myth Of National Popular Vote, The Reality Of Elector Unit Rule Voting And Old Light On Three-Fifths Of Other Persons, William Josephson

University of Miami Law Review

This Article discusses the United States Supreme Court’s July 6, 2020 decision in Chiafalo v. Washington State as it impacts the most in-depth analysis yet published of the proposed National Popular Vote (“NPV”) Interstate Compact. NPV purports to provide for popular vote election of a President of the United States even if the winner of the popular vote did not win the Electoral College. It concludes that NPV cannot accomplish its purported purpose. The article also criticizes a recent article proposing dividing each state’s electors vote in accordance with the popular vote proportions in each such state instead of, as …


International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke May 2022

International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke

Georgia Journal of International & Comparative Law

No abstract provided.


Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert May 2022

Ideological Preferences Of Supreme Court Justices: The Shift Throughout Tenure, Amelia Ver Woert

Political Science Undergraduate Honors Theses

For this thesis, I will analyze the tenure of five Supreme Court justices across the decades, ranging from the year 1940 up to the present year of 2022. The analysis will examine the variation between the justices' decisions at the beginning of their term compared to the decisions near the end of their term. The purpose of this study is to properly distinguish whether Supreme Court justices who have served on the bench for more than a decade are impacted by ideological drift and preference shifts throughout their career. The importance of this analysis is to determine the impact of …


Investigating Student Interest In The Addition Of A Construction Law Topics Course, Flint D. Merrill-Gehrke Mar 2022

Investigating Student Interest In The Addition Of A Construction Law Topics Course, Flint D. Merrill-Gehrke

Construction Management

In the Construction Management program, our goal is to prepare for the responsibilities imposed upon us during a construction project. A major responsibility among these is navigating the complex legal relationships inherent to a construction project. While Cal Poly offers one Construction Law course, students are underprepared for what they will face. This project is designed to gauge interest from the Cal Poly Construction Management student body in the addition of a Construction Law topics course. It also aims to understand if additional legal studies would better prepare students for their entrance into the industry. Students were asked to answer …


Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor Feb 2022

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.


Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit Feb 2022

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.


The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor Feb 2022

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.


Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements Feb 2022

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.


Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law Feb 2022

Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Monsanto: Creator Of Cancer Liability Jan 2022

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.


Impact Of Corporate Response To Controversial Presidential Statements Or Policies Jan 2022

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.


Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green Jan 2022

Equitable, Affordable And Climate-Cognizant Housing Construction, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

The almost universal sentiment by a growing body of physical and social scientists is that climate change--with its floods, drought, heat, and cold-- portend losses of life, communities, property, and the rhythms of living. Some are more vulnerable to these impacts than others: individuals and the poor, who through official government policy and self-interest in the housing markets, have been relegated to live in poorly-constructed and poorly-placed structures--in the wake of ocean surges; in the path of strong winds; near hazardous and noxious facilities; stranded in urban heat islands. Failing to heed climate change omens will lead to a world …


Multiple Choice: How Instant Runoff Voting Improves Redistricting Under The Voting Rights Act, Aviel Menter, C.D. Alexander Evans Jan 2022

Multiple Choice: How Instant Runoff Voting Improves Redistricting Under The Voting Rights Act, Aviel Menter, C.D. Alexander Evans

Touro Law Review

As currently interpreted, Section 2 of the Voting Rights Act (“VRA”) can be a double-edged sword for minority representation. Although it gives protected minority groups their own majority/minority districts, this can dilute minority influence in other districts. Recently, however, many jurisdictions have begun to adopt Instant Runoff Voting (“IRV”), a ranked-choice voting system where voters rank multiple candidates in order of preference. By letting voters express support for multiple candidates, IRV provides useful information about the behavior of minority groups that courts can use when enforcing the VRA. Specifically, ranked-choice voting systems can better show when a winning candidate supported …


Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction Jan 2022

Post-Conviction Release And Defacto Double Jeopardy: Making The Case For Felons As A Quasi-Suspect Class Due To The Collateral Consequences Of A Felony Conviction

Florida A & M University Law Review

Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their …


Making The Equal Rights Amendment That Is Needed In The Twenty-First Century, Julie Suk Jan 2022

Making The Equal Rights Amendment That Is Needed In The Twenty-First Century, Julie Suk

Faculty Scholarship

No abstract provided.