Construction Law Commons^™

Chicago Excludes Asians From Contract Program, Amee Patel

Public Interest Law Reporter

No abstract provided.

Construction Law, Dennis J. Webb Jr., Justin S. Scott, Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2002, and May 31, 2003. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanic's and materialman's liens; (4) workers' compensation; and (5) arbitration. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.

Brevorka V. Wolfe Construction, Inc.: Did I Just Waive My Rights To The Implied Warranty Of Workmanlike Construction, Linda Seay Robertson

North Carolina Central Law Review

No abstract provided.

Illinois Construction Negligence, Post-Structural Work Act: The Need For A Clear Legislative Mandate, 36 J. Marshall L. Rev. 531 (2003), Peter Puchalski

UIC Law Review

No abstract provided.

A Non-Improvement In Arbitration Of Construction Disputes, David E. Boelzner

Popular Media

No abstract provided.

Means/Ends Analysis In Copyright Law: Eldred V. Ashcroft In One Act, Dan T. Coenen, Paul J. Heald

Scholarly Works

The authors examine Eldred v. Ashcroft in a play setting where one of the characters plays a constitutional law professor and the other character plays an intellectual property professor.

Partners?, David E. Boelzner

Popular Media

No abstract provided.

Proliferating Chinks In The Armor, David E. Boelzner

Popular Media

No abstract provided.

Owner Friendly Documents Spell Trouble, David E. Boelzner

Popular Media

No abstract provided.

School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer

William & Mary Law Review

No abstract provided.

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

Scholarly Articles

No abstract provided.

Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr

Publications

In this essay, I will propose an alternative form of law school affirmative action that does not rely on racial classifications, but nevertheless helps to remedy racial discrimination, to diversify the educational environment and to provide resources for underserved communities. In particular, I propose a "direct measures" program that would grant admissions preferences on the basis of the following criteria: (1) whether an applicant has suffered from the effects of racial discrimination; (2) whether, on issues of racial and social justice, the applicant can contribute a perspective or viewpoint not currently represented within the majority of the student population, and …

How To Stay Out Of Court…Part Ii, David E. Boelzner

Popular Media

No abstract provided.

How To Stay Out Of Court…And Why You Should, David E. Boelzner

Popular Media

No abstract provided.

Robert Kratovil Memorial Seminar In Construction Law - Multidisciplinary Practice: A Construction Law Perspective, 33 J. Marshall L. Rev. 413 (2000), Christopher L. Noble

UIC Law Review

No abstract provided.

Tessie Hutchinson And The American System Of Capital Punishment, Earl F. Martin

Maryland Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii

University of Richmond Law Review

Developments in Virginia construction law during the year 1999-2000 were more modest than those of 1998-1999. Still, several decisions by the Supreme Court of Virginia, the Virginia Court of Appeals, and the United States Court of Appeals for the Fourth Circuit justify the attention of those involved in the construction industry and its related legal practice. These cases address topics involving mechanic's lien waivers, the bar of sovereign immunity, recovery of direct and consequential damages, surety obligations, tortious interference with the bid process, and sanctions by the Virginia Board of Contractors. The majority of these cases demonstrate that the appellate …

Construction Law, Brian J. Morrissey, Timothy N. Toler

Mercer Law Review

The decisions rendered by the Georgia Supreme Court and Georgia Court of Appeals during this one-year survey period included a small opening in lender liability, a minimalist view of the requirements of evidence as it pertains to the law of fraud, an extensive discussion of the law of damages as it applies to construction contracts, and a harsh result because of failure to comply with the requirements of the mechanic's and materialmen's lien statute. This Article addresses these significant movements in the law and some of the reaffirmations of existing law in the construction field between June 1, 1998, and …

Legal Protection Of Design Work, David E. Boelzner

Popular Media

No abstract provided.

The Case Against Arbitration, David E. Boelzner

Popular Media

No abstract provided.

Local Government Land Use Restrictions And Selected First Amendment Issues, Barbara Jo Nelson

LLM Theses and Essays

A local government's power to enact zoning regulations falls within the general power to provide for the health, safety, and welfare of its citizenry. This thesis addresses a few selected First Amendment issues as they apply to zoning and land use restrictions in Georgia. Free speech review of zoning ordinances applies to zoning for adult sex businesses, such as adult book stores and cinemas. The First Amendment balancing test that is applicable to adult entertainment ordinances is discussed in Chapter One. The free speech impact of restrictions on signs and billboards is discussed in Chapter Two. Finally, in Chapter Three, …

Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii

University of Richmond Law Review

In 1998 and 1999, the Supreme Court of Virginia decided numerous cases that impact the practice of construction litigation in the Commonwealth. This flurry of activity by the high court reflects its apparent attempt to clarify an approach to the interpretation of contracts that fall outside the scope of the Uniform Commercial Code. By addressing an increasing number of cases in this area of the law, the court has been able to adapt many of its longstanding precedents to the problems found in today's construction contracting environment. This Survey article evaluates recent construction cases concerning the use of applicable federal …

Dignity And Discrimination: Toward A Pluralistic Understanding Of Workplace Harassment, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Part I of this article briefly examines some of the drawbacks and inconsistencies of Title VII sexual harassment jurisprudence and shows that Title VII does not provide an adequate framework for understanding many common forms of workplace harassment. Title VII is unquestionably a critical means of fighting against workplace discrimination; however, by emphasizing discrimination at the expense of dignity, the Title VII workplace harassment paradigm provides an incomplete understanding of the wrongs of workplace harassment.

Part II of this article asserts the importance of an approach to sexual harassment that distinguishes between the nature of the harm of workplace sexual …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely

Faculty Publications

This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.

Search And Seizure, Supreme Court, New York County: People V. Rodgers

Touro Law Review

No abstract provided.

Kann Das Deutsche Verfassungsrechtsdenken Vorbild Fur Die Vereinigten Staaten Sein?, Donald P. Kommers

Journal Articles

Mein Thema läßt sich am besten als Frage formulieren: Was können wir Amerikaner von der Erfahrung der Deutschen mit dem Grundgesetz lernen? Diese Frage wurde für gewöhnlich in der anderen Richtung gestellt, näm lich: Was haben die Deutschen vom amerikanischen Verfassungsrecht ge lernt oder was sollten sie von ihm lernen?

Construction Law: Real Life Problems In Public Contracting, Oregon Law Institute, David T. Douthwaite, Eric A. Grasberger, James H. Van Dyke, James A. Gamble, Eric A. Lindenauer, Ruth M. Spetter, Michael J. Scott, Robert L. O'Halloran, Bradley F. Tellam

Oregon Law Institute, 1997

Course materials from the November 7, 1997 program in Portland

Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown

Faculty Scholarship

No abstract provided.