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Public Procurement and Contract Law

Exploring Intersections, Defining Boundaries

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

Legal Research: Take the law into your own hands. Do you have a legal problem but don't know where to find the law? Legal Research gives you the skills to find the answers--fast. Legal Research is the only comprehensive, plain-English guide to legal research written for nonlawyers. Whether you're handling a personal legal matter, running a business, studying for a legal career, or just need to understand a law that affects you, this fully updated edition walks you through every step of the research process. You'll learn how to: <ul> <li>locate statutes, regulations, and court decisions at the federal, state, and local levels</li> <li>research legal questions online using free websites and reliable legal databases</li> <li>ensure your research is current so you're always relying on good law, and</li> <li>organize your results and draft a professional legal memorandum for school, work, or court.</li> </ul> Topics covered include: <ul> <li>understanding the basics of case law, statutory law, administrative law, and constitutional law</li> <li>identifying your legal issue and choosing the right resources</li> <li>finding and using secondary sources, including legal encyclopedias, treatises, law reviews, and practice manuals</li> <li>locating and using federal and state statutes, regulations, and local ordinances</li> <li>finding, reading, and Shepardizing case law, and</li> <li>validating your research and organizing it into a legal memorandum.</li> </ul> Legal Research also teaches you how to narrow your results so you won't drown in an information flood, whether you're working in a law library or researching online.

How to Find & Understand the Law

Legal Research

Global Energy Law and Policy

Shifting Foundations for Investment Law

International Arbitration and the Energy Transition

This third edition of Construction Law: From Beginner to Practitioner provides a thorough and comprehensive guide to construction law by blending together black letter law and socio-legal approaches. This mixed methodology makes an ideal introduction to the subject for those studying to enter the architecture, engineering and construction (AEC) industry in a professional capacity. Designed to equip the student with all they need to know about construction law, the topics covered include:<ul> <li>the fundamentals of law and the English legal system</li> <li>contract, business, tort and property law</li> <li>procurement, subcontracting and partnering</li> <li>claims, damages, losses and expenses</li> <li>dispute resolution including mediation, arbitration, litigation and adjudication</li> </ul>New updates for the third edition include discussion of the Building Safety Act and the "Golden Thread", the maturity of BIM and digital twin technologies, the JCT 2024 suite of contracts, and the collaboration between NEC and the Framework Alliance Contract. Emerging trends, such as the digitization of demand and legal vehicles like project bank accounts, are also covered. Two new chapters delve into the impact of Artificial Intelligence on construction law, ensuring the book remains at the forefront of industry developments while preserving its tried-and-tested structure.This book is useful not only for understanding the basics, but also as a reference that practitioners will use time and again.

From Beginner to Practitioner

Construction Law

First-Time Landlord, a consistent customer favorite, shows how to start a landlording business and maintain it in one's spare time. Contains concise information on how to make money with a single-family home without getting into financial or legal hot water. Readers will learn how to rent out a property lawfully and safely, assess likely profitability in advance, find good tenants (or deal with difficult ones), prepare and sign the lease, handle repairs and maintenance, comply with state laws, and when the time is right, sell at a profit. With timely tips and true stories from successful landlords (including some who learned tough lessons along the way), First-Time Landlord is an indispensable book for property owners who want to rent out a single-family home.

Your Guide to Renting Out a Single-Family Home

First-Time Landlord

The Office of Hawaiian Affairs is a semi-autonomous government agency established at the height of the Hawaiian cultural and political renaissance to expend public funds for the benefit of Native Hawaiians. In The Sword of History Troy Andrade offers a legal and political history of this agency in order to excavate its role in the ongoing struggle for Native Hawaiian self-determination. Andrade demonstrates how the framing of past events in connection with present-day lawmaking perpetuates narratives of either justice or injustice, which in turn support or undermine the legal bases for reparative action. He sheds light on how history becomes a metaphorical sword that is wielded by those with power to control reconciliation efforts. &nbsp;&nbsp;Using legal records, archival materials, and personal interviews, this manuscript expands on legal-historical understandings of the use of collective memory in different legal institutions, such as through state constitution building, legislation, and court opinions. Andrade deftly weaves a compelling narrative out of these complex and often fraught legal battles, which often had implications far beyond the Hawaiian state. Ultimately this book offers a novel perspective on the complicated legal politics surrounding indigeneity in the U.S. writ large.

The Office of Hawaiian Affairs and the Struggle for Reparative Justice

The Sword of History

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

Everything you ever wanted to know about the law, but couldn't afford to ask Written by Nolo's expert team of attorneys, this book answers more than 1,000 of the most frequently asked questions about everyday legal issues, including: <ul> <li>homebuying and selling</li> <li>neighbor disputes</li> <li>tenant rights</li> <li>workplace rights</li> <li>small businesses</li> <li>patents, copyrights, and trademarks</li> <li>credit, debt, and bankruptcy</li> <li>traffic accidents</li> <li>wills and trusts</li> <li>elder care</li> <li>marriage and divorce </li> <li>child custody and support</li> <li>domestic violence</li> <li>small claims court, and</li> <li>criminal law and procedure</li> </ul> The 13th edition is completely updated to provide current and accurate information on all of the legal subjects covered in the book. It also includes a glossary of legal terms and an appendix with detailed instructions on how to do your own legal research. Nolo editors each focus on specific areas of the law, such as estate planning, family law, employment law, real estate, criminal law, and business. They specialize in writing and editing plain-English do-it-yourself legal articles and books for consumers.

Answers to Your Most Frequently Asked Legal Questions

Nolo's Encyclopedia of Everyday Law

Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

A comprehensive guide to U.S. visas and green cards, covering both eligibility and practical steps toward obtaining the desired benefit. Readers will learn how the U.S. immigration bureaucracy functions (or malfunctions) and whether they potentially qualify for a green card based on family or work; a temporary visa for tourism, study, work, or a cultural exchange; or another program or remedy, such as asylum or a U visa. Useful for both would-be immigrants and those who assist them.

U.S. Immigration Made Easy

Asian Yearbook of International Law, Volume 30 (2024)

Public Procurement and Contract Law

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