Download or read book The Contract Clause written by James W. Ely, Jr. and published by University Press of Kansas. This book was released on 2016-10-28 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few provisions of the American Constitution have had such a tumultuous history as the contract clause. Prompted by efforts in a number of states to interfere with debtor-creditor relationships after the Revolution, the clause—Article I, Section 10—reads that no state shall “pass any. . . Law impairing the Obligation of Contracts.” Honoring contractual commitments, in the framers' view, would serve the public interest to encourage commerce and economic growth. How the contract clause has fared, as chronicled in this book by James W. Ely, Jr., tells us a great deal about the shifting concerns and assumptions of Americans. Its history provides a window on matters central to American constitutional history, including the protection of economic rights, the growth of judicial review, and the role of federalism. Under the leadership of Chief Justice John Marshall, the Supreme Court construed the provision expansively, and it rapidly became the primary vehicle for federal judicial review of state legislation before the adoption of the Fourteenth Amendment. Indeed, the contract clause was one of the most litigated provisions of the Constitution throughout the nineteenth century, and its history reflects the impact of wars, economic distress, and political currents on reading the Constitution. Ely shows how, over time, the courts carved out several malleable exceptions to the constitutional protection of contracts—most notably the notion of an inalienable police power—thus weakening the contract clause and enhancing state regulatory authority. His study documents the near-fatal blow dealt to the provision by New Deal constitutionalism, when the perceived need for governmental intervention in the economy superseded the economic rights of individuals. Though the 1970s saw a modest revival of interest in the contract clause, the criteria for invoking it remain uncertain. And yet, as state and local governments try to trim the benefits of public sector employees, the provision has once again figured prominently in litigation. In this book, James Ely gives us a timely, analytical lens for understanding these contemporary challenges, as well as the critical historical significance of the contract clause.
Download or read book The Architect s Handbook of Professional Practice written by American Institute of Architects and published by John Wiley & Sons. This book was released on 2013-11-25 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive guide to architectural practice Business, legal, and technical trends in architecture are constantly changing. The Architect's Handbook of Professional Practice has offered firms the latest guidance on those trends since 1920. The Fifteenth Edition of this indispensable guide features nearly two-thirds new content and covers all aspects of contemporary practice, including updated material on: Small-firm practice, use of technologies such as BIM, and project delivery methods, such as IPD and architect-led design-build Career development and licensure for emerging professionals and state-mandated continuing education for established architects Business management topics, such as organizational development, marketing, finance, and human resources Research as an integrated aspect of architectural practice, featuring such topics as evidence-based design and research in a small-firm context The Fifteenth Edition of The Architect's Handbook of Professional Practice includes access to a website that contains samples of all AIA Contract Documents (in PDF format for Mac and PC computers). With comprehensive coverage of contemporary practices in architecture, as well as the latest developments and trends in the industry, The Architect's Handbook of Professional Practice continues to be the essential reference for every architect who must meet the challenges of today's marketplace with insight and confidence.
Download or read book Research Handbook on Big Data Law written by Roland Vogl and published by Edward Elgar Publishing. This book was released on 2021-05-28 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This state-of-the-art Research Handbook provides an overview of research into, and the scope of current thinking in, the field of big data analytics and the law. It contains a wealth of information to survey the issues surrounding big data analytics in legal settings, as well as legal issues concerning the application of big data techniques in different domains.
Download or read book The Architecture Student s Handbook of Professional Practice written by American Institute of Architects and published by John Wiley & Sons. This book was released on 2017-01-12 with total page 1176 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essential guide to beginning your career in architecture The Architecture Student's Handbook of Professional Practice opens the door to the vast body of knowledge required to effectively manage architectural projects and practice. A professional architect is responsible for much more than design; this book is specifically designed to help prepare you for the business and administrative challenges of working in the real-world—whether you are a student or are just starting out in practice. It provides clear insight into the legal, financial, marketing, management, and administrative tasks and issues that are integral to keeping a firm running. This new edition has been restructured to be a companion textbook for students undertaking architectural practice classes, while also fulfilling the specific knowledge needs of interns and emerging professionals. It supplements information from the professional handbook with new content aimed at those setting out in the architectural profession and starting to navigate their careers. New topics covered in this new edition include: path to licensure, firm identity, professional development, strategic planning, and integrated project delivery. Whether you want to work at a top firm, strike out on your own, or start the next up-and-coming team, the business of architecture is a critical factor in your success. This book brings the fundamentals together to give you a one-stop resource for learning the reality of architectural practice. Learn the architect's legal and ethical responsibilities Understand the processes of starting and running your own firm Develop, manage, and deliver projects on time and on budget Become familiar with standard industry agreements and contracts Few architects were drawn to the profession by dreams of writing agreements and negotiating contracts, but those who excel at these everyday essential tasks impact their practice in innumerable ways. The Architecture Student's Handbook of Professional Practice provides access to the "nuts and bolts" that keep a firm alive, stable, and financially sound.
Download or read book International Arbitration and Forum Selection Agreements Drafting and Enforcing written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2021-03-10 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration and Forum Selection Agreements: Drafting and Enforcing is a concise, practical primer on the fundamentals of drafting and enforcing international arbitration agreements and other dispute resolution clauses. Drawing on a wealth of practical experience and academic analysis by one of the world’s leading authorities on international arbitration and litigation, this extensively revised and expanded sixth edition provides model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches to reducing the risks inherent in cross-border transactions. The book is an essential resource for any international practitioner or corporate counsel engaged in international matters. Key Features include: Discussion of practical reasons for international arbitration and forum selection clauses Uncomplicated and practical guidance on drafting international arbitration and forum selection clauses Do's and Don't's for drafting Model international arbitration and forum selection clauses that permit efficient and effective dispute resolution Nearly 100 different model provisions Ad hoc versus institutional arbitration clauses Overview of leading arbitral institutions (including ICC, SIAC, ICDR/AAA, LCIA, HKIAC, PCA, ICSID, WIPO, VIAC, DIS, NAI and CRCICA) Overview of advantages and disadvantages of leading arbitral seats Forum selection clauses for national and international courts Multi-tier dispute resolution provisions Optional provisions for international arbitration and forum selection clauses (including arbitrator selection, arbitral procedure, costs of arbitration, provisional measures, waiver of annulment and currency of award) Discussion of pathological arbitration clauses and commonly-encountered defects And covers: Updated extensively to address developments through January 2021 New materials covering international courts and choice-of-law provisions Key reference materials in easy-to-use appendices About the author: Gary B. Born is one of the world’s leading authorities on international arbitration and litigation. He has practiced extensively in both fields in Europe, the United States, and Asia. He is the author of International Commercial Arbitration (Kluwer Law International 3rd ed. 2021), International Arbitration: Law and Practice (Kluwer Law International 2nd ed. 2016), International Commercial Arbitration: Cases and Materials (Aspen 2nd ed. 2015) and International Civil Litigation in United States Courts (Aspen 6th ed. 2018).
Download or read book The Contract Negotiation Handbook written by Stephen Guth and published by Lulu.com. This book was released on 2007-12-20 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Download or read book Lectures on the Constitution of the United States written by Samuel Freeman Miller and published by Fred B. Rothman. This book was released on 1893 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in a clear & bold outline the great fundamental principles governing our constitutional system.
Download or read book The Complete Personal Legal Guide written by American Bar Association and published by Random House Reference Publishing. This book was released on 2008 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents thousands of United States laws and legal questions involving all aspects of life, including marriage, estate planning, disabilities, and consumer credit.
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2015-03-31 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drafting International Contracts is an essential resource for anyone working in international business. The book is a straightforward, easy-to-use tool featuring all the latest trends and developments, including a summary of 25 years of meetings and discussions of the International Contracts Working Group, comprised of professional lawyers, corporate counsel, and academics. It offers a systematic analysis of the main clauses present in international contracts, providing abundant quotations of actual clauses, with critical assessments. The book fosters an understanding of how international contracts are drafted in actual practice. Published under the Transnational Publishers imprint.
Download or read book New York Contract Law written by Glen Banks and published by . This book was released on 2014 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contractor written by and published by . This book was released on 1914 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Social Responsibility Sustainable Business written by Rae Lindsay and published by Kluwer Law International B.V.. This book was released on 2020-06-17 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a dramatic departure from its voluntary origins, corporate social responsibility (CSR) is rapidly shifting to hold multinational companies accountable for more than traditional shareholder performance. This CSR movement is embracing new environmental, social and governance (ESG) frameworks that both promote global sustainability goals and enhance accountability for negative impacts businesses can have on ‘planet and people’. This collection of essays by leading businesspeople, international civil servants, legal practitioners, academics, and other experts offers a forward-looking and pragmatic perspective that illuminates the major themes in this movement towards increasingly sustainable, transparent and accountable business practices. The collection shows how CSR has evolved to account for societal pressures, environmental, climate change and human rights impacts, international policy imperatives and the practical challenges of regulating commercial activity that transcends borders. The chapters offer an in-depth examination of current issues including: international frameworks and multistakeholder initiatives catalysing foundational change; the shifting emphasis on corporate imperatives to avoid harm to third parties; trends in CSR, focused on assuring the planet's future sustainability and social stability; regulatory initiatives around the globe, including Europe, North America, Asia and Africa; and extended accountability for activities of corporate group members and supply chains. The pressure and business case for companies to incorporate CSR into corporate governance is intensifying with each quarter, shareholder meeting, and regulatory agenda. The integration of CSR and new ESG frameworks into multinational corporate strategy and operations is key to sustainable business models that can generate long-term value for the organization and all stakeholders. Their acceptance as cornerstones of 21st century business practice appears inevitable. Taking full account of the imperative for companies and their lawyers to grapple with the practical and legal challenges in this area, this volume is an invaluable and pragmatic addition to the practitioners’ toolbox at this important juncture in an ever-more dynamic field.
Download or read book Labor Guide to Labor Law written by Bruce S. Feldacker and published by Cornell University Press. This book was released on 2014-08-12 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor Guide to Labor Law is a comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members. This thoroughly revised and updated fifth edition covers new statutes, current issues, and the latest developments in labor and employment law.The text emphasizes issues of greatest importance to unions and employees. Where the law permits a union to make certain tactical choices, those choices are pointed out. Material is included on internal union matters that tend to be ignored in management texts. Bruce S. Feldacker and Michael J. Hayes cover applicable labor law principles from a union's initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination.This book is also a useful reference and review for full-time union officers and representatives who have a working knowledge of labor law but wish to brush up on certain points as needed in their work. Both authors have extensive experience in the construction field, and they have been careful to include material on those aspects of labor law that are unique to that field.Labor Guide to Labor Law is structured to present an unbiased and comprehensive explanation of labor law principles for anyone interested in the field. Thus, labor relations educators, as well as practitioners in the field representing labor, management, or individual employees, should also find the text suitable for their use. Each chapter includes a summary, review questions and answers, a restatement of "Basic Legal principles" with citations to key cases, and a bibliography for additional research.
Download or read book Contract Formation written by Michael Furmston and published by Oxford University Press, USA. This book was released on 2010-03-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.
Download or read book Natural Gas Monthly written by and published by . This book was released on 1985 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bulletin written by General Contractors Association of New York and published by . This book was released on 1913 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt:
