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In the West, Competition Law Governs the Rising Kings of the Economy

December 30, 2016

The primary goal of most nations’ governments is simple: to maximize social welfare. Developed nations attempt to achieve this through economic efficiency, and in the West, by implementing a “free market” economy. The theory is perfectly competitive markets will lead to a “Pareto Efficiency,” or maximum social welfare. But can a perfectly competitive market even exist in practice? In most industries, perfect competition is stifled by asymmetric information between firms at all levels. Varying scales, productive capabilities, and efficiency levels also adversely affect the competitive balance in any industry. Most developed capitalistic economies have some form of government intervention policy aimed to increase economic efficiency by promoting competition. In Canada, this policy is reflected in The Canadian Competition Act.

The American Designer's Guide to Navigating the Interconnected Web of Risk in Public Private Partnerships

December 24, 2016

America’s infrastructure is crumbling. It received a grim D+ in the American Society of Civil Engineer’s 2013 report on America’s infrastructure. Making matters worse, America’s budget deficit was $439 billion in fiscal 2015.[1] A recent study of the fiscal position of each state in the union by George Mason University showed that most states’ fiscal performance shows persistent signs of fiscal stress, with each state having massive debt obligations. In response to this bleak picture, governments are turning to the private sector for solutions.

An American Contractor's Guide to Navigating the Interconnected Web of Risk in International Contracting

December 13, 2016

A contractor is like a card player who never shuffles, cuts the deck, or deals; he plays the hand he is dealt. At its core, it is a risky game, played by risk takers. As economic globalization steadily evolves, and domestic growth rates steadily shrink, large-scale contractors from Europe, and elsewhere, are looking beyond their borders to survive. 

Shoud burglary statutes protect four-person backpacking tents?

December 06, 2016

When a person enters a tent and commits theft, is he guilty of burglary? If burglary requires a "breaking," what exactly constitutes a breaking? 

You just caught a million dollar baseball . . . Now what?!

November 04, 2016

Imagine you are at Yankee Stadium, and the next great ballplayer cracks a record breaking baseball into the upper deck, and right into your glove . . . Jackpot! But wait, who owns that baseball, after all?

Real Estate Finance

November 02, 2016

Who gets stuck holding the bag in a short sale? The answer might surprise you.

Protecting consumers

October 12, 2016

What is the role of government? Some argue it should be the protection of consumers in real estate transactions.

Who is "Family"

October 02, 2016

Should a foster child inherit from his foster parent's intestate estate, if no legal barrier prevented the foster parent from adopting the foster child in her living years? 

To Teach is To Learn

May 20, 2016

In the 1930s Lev Vygotsky wrote extensively on the connection between language and cognition, and in particular oral language (speech) and learning. The implication of Vygotsky's observations for learning by teaching would appear to be direct, "The one who does the talking, does the learning," which may best summarize the main point: students learn by teaching their peers. 

Mile high deal making

May 02, 2016

Ever wonder a multi-million dollar aircraft purchase and sale agreement looks like? Here's some advice: measure your representations and warranties twice!

Persuade your neighbors to compromise

April 24, 2016

The parties are in conflict as to whether the Plaintiff committed contributory negligence, and as to whether Plaintiff or Defendant was the proximate cause of the Collision. In North Carolina, does a driver have a duty to yield to a vehicle that it cannot see?

Avoiding Probate Court

April 22, 2016

I, EMERY SLOANE, residing in the State of North Carolina, being of sound mind, and under no constraint or undue influence, hereby make, publish and declare this to be my Last Will and Testament, in manner and form as follows, thus revoking all my prior wills and codicils. 

What happens when your day couldn't get any worse?

April 20, 2016

On the night of the Collision, the law enforcement officer on the scene issued the Defendant a traffic citation for “failure to have lights on after dark,” but the citation was subsequently dismissed in court by the presiding magistrate.  

Justice, or Finality?

March 20, 2016

As a direct and proximate cause of Defendant’s negligent acts, the Collision happened, and Plaintiff was injured. As a direct and proximate cause of Defendant’s negligent acts, Plaintiff suffered severe and painful injuries, which injuries caused great physical pain and mental anguish.  

Rights and remedies when in an accident

March 06, 2016

This letter will analyze the circumstances surrounding Mr. Williams conduct on the night of the accident. Based on the facts and analysis set out below, although we can make no guarantees as to any outcome at trial, we believe that a jury would likely conclude that Mr. Williams was negligent. 

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