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Articles 1 - 6 of 6
Full-Text Articles in Construction Law
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …
Avoidance Creep, Charlotte Garden
Avoidance Creep, Charlotte Garden
Faculty Articles
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 existing rationale for …
Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy
The University of Notre Dame Australia Law Review
No abstract provided.
Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg
Mitchell Hamline Law Review
No abstract provided.
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
Civil Procedure—Property Improvement Claims—A History And Recommendation For Arkansas's Lone True Statute Of Repose, Luke K. Burton
University of Arkansas at Little Rock Law Review
Determining the proper defendant for construction defects is largely dependent on the timing of the defect. Particularly, the sooner the defect develops after completion, the more likely that someone involved in the construction process is responsible. However, as time passes from the completion of construction to the development of a problem, it is more likely that the problems are the result of ordinary wear and tear rather than defective design or construction. Ark. Code Ann. § 16-56-112 (Statute) was enacted to manage these issues of timing and responsibility for construction defects by providing that homeowners may not bring suit against …
Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair
Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair
Articles & Chapters
No abstract provided.