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A Force Majeure Event?
COVID-19: A FORCE MAJEURE EVENT? Following the outbreak of the novel coronavirus and the consequential surveillance and controls introduced by a number of governments including the Luxembourg government, it may become essential to determine whether these events may be considered as force majeure events under Luxembourg law. Following the outbreak of the novel coronavirus, one question arising with regard to contracts is whether this outbreak and its consequences, especially also taking into account the measures taken by different governments, including amongst others confinement measures, closure of the borders, possible closure of companies, etc. - may be considered as a force majeure event. This may be envisaged from two perspectives. Firstly, there may be a force majeure clause in a given agreement. Such a clause is normally used to describe a contractual term by which one or both of the parties is entitled to suspend performance of its affected obligations or to claim an extension of time for performance, following a specified event or events beyond its control. It may also entitle termination of the contract, usually if it exceeds a specified duration. Whether or not the outbreak of the novel coronavirus will constitute force majeure in a contract is very much a case of interpretation of the relevant wording in the contract, and such clauses would need to be analysed in detail. Secondly, according to general Luxembourg civil law principles, a force majeure event may be raised by a party responsible of having breached its contractual obligations in order to be discharged from its liability. According to Luxembourg case law, a force majeure event has to be (i) external to the liable party, (ii) unpredictable and (iii) irresistible. -
Memory of the Civil Rights Movement in Textbooks, Juvenile Biography, and Museums
ABSTRACT JOHNSON, CHRISTINE RENEE GOULD. Celebrating a National Myth: Memory of The Civil Rights Movement in Textbooks, Juvenile Biography, and Museums. (Under the direction of Dr. Katherine Mellen Charron). The Civil Rights Movement (CRM) is commemorated at movement anniversaries, during Black History Month, and every Martin Luther King Jr. Day. However, some historians argue these public versions do not tell a full story of the CRM, over-simplifying it and portraying it as a story of inevitable progress. Relying on a “mythic” version of this critical event in the nation’s history, the mainstream narrative has little explanatory power. This makes it easier for some to dismiss ongoing struggles for racial equality and more difficult for future generations to learn from movement’s successes and failures. This thesis examines other kinds of CRM history that inform the public. Many learn about the movement as youth through educational mediums like high school textbooks and children’s literature, and people of all ages encounter it in museums. I ask what version of CRM history each of these present, inquiring how interpretations have evolved over time and the degree to which they reflect changes in scholarship. Spanning a total of fifty-four years, this study finds surprisingly little change in textbook narratives beyond token additions that nod to some advancements in the historiography. Juvenile biographies of CRM luminaries published in recent decades present a deeper history, often with a longer chronology, but relay an overly optimistic outlook about what the movement accomplished. Civil rights museums in the South vary in their depictions, with the strongest interpretations appearing in the most recently opened or renovated. -
Force Majeure and Climate Change: What Is the New Normal?
Force majeure and Climate Change: What is the new normal? Jocelyn L. Knoll and Shannon L. Bjorklund1 INTRODUCTION ...........................................................................................................................2 I. THE SCIENCE OF CLIMATE CHANGE ..................................................................................4 II. FORCE MAJEURE: HISTORY AND DEVELOPMENT .........................................................8 III. FORCE MAJEURE IN CONTRACTS ...................................................................................11 A. Defining the Force Majeure Event. ..............................................................................12 B. Additional Contractual Requirements: External Causation, Unavoidability and Notice 15 C. Judicially-Imposed Requirements. ...............................................................................18 1. Foreseeability. .................................................................................................18 2. Ultimate (or external) causation.....................................................................21 D. The Effect of Successfully Invoking a Contractual Force Majeure Provision ............25 E. Force Majeure in the Absence of a Specific Contractual Provision. ...........................25 IV. FORCE MAJEURE PROVISIONS IN STANDARD FORM CONTRACTS AND MANDATORY PROVISIONS FOR GOVERNMENT CONTRACTS ......................................28 A. Standard Form Contracts .............................................................................................28 -
Alabama Civil Rights History Tour 6 Days - 5 Nights August 23 - 28, 2021
ALABAMA CIVIL RIGHTS HISTORY TOUR 6 DAYS - 5 NIGHTS AUGUST 23 - 28, 2021 $850 per person double occupancy $1,150 per person single occupancy Limited availability; $100 deposit (cash/check) to reserve you space today! Make checks payable to ASK JEWEL TRAVEL …. credit card fees apply. Balance due by July 1, 2021 PACKAGE INCLUDES: * Overnight lodging to and from Alabama * 3 Nights lodging (1 Night in Birmingham & 2 Nights in Montgomery) * 5 Breakfasts * 3 Dinners * BIRMINGHAM: Civil Rights Institute & Museum, 16th Street Baptist Church, & Kelly Ingram Park * SELMA: Brown's Chapel & Edmund Pettus Bridge * MONTGOMERY: Dexter Avenue Baptist Church, Rosa Parks Museum, National Memorial for Peace & Justice, & the Legacy Museum: From Enslavement to Mass Incarceration * Visit to Freedom Riders Museum in Montgomery l * Visit to Bethel Baptist Church in Birmingham * Visit to Tuskegee Airmen National Historic Site * Tour of Atlanta * Souvenir gift * Luggage handling in Alabama * Taxes and meal gratuities * Motorcoach transportation Cancellation insurance available upon request. For information and reservations, please register on line at www.askjeweltravel.com or contact your travel agent below. Jewel Eubanks, Owner Edna Lowe-Martin P.0. Box 6332 (301) 943-6419 Largo, MD 20792 [email protected] (301) 906-9199 www.askjeweltravel.com Twana Brooks [email protected] (301) 458-0102 [email protected] CLICK HERE TO REGISTER ALABAMA'S CIVIL RIGHTS HISTORY TOUR 6 DAYS - 5 NIGHTS The sample itinerary described below is approximately like the itinerary your group will be following during your stay. However, the exact times, days, and destinations may vary for your group. DAY 1 A morning departure from your hometown has you heading for Greenville, SC for overnight lodging (pack an overnight bag); dinner is on your own tonight. -
Putting Racism on the Table ~Expanding the Table for Racial Equity~
Putting Racism on the Table ~Expanding the Table for Racial Equity~ 2019 Civil Rights Learning Journey April 28 – May 2 Memphis, TN Birmingham, AL Join us on a journey through history. You are invited to explore America’s civil rights history first‐ hand on a learning journey through the South. This is an opportunity to join with funders and other civic leaders to build a deeper understanding of the movement for racial equity and justice. Over the course of 3.5 days, we will visit major museums, houses of worship that played significant roles in the activism of the 1960s, and sites of key protests. We will meet individuals who were leaders on the ground in the 1960s and those who are pushing for change today. Details Cost: $3,500 per person Included: All site fees; speaker honoraria; single‐occupancy hotel room each night; transportation to Birmingham‐Shuttlesworth International Airport; most meals Not included: Airfare to Memphis & from Birmingham; transportation from Memphis International Airport Registration & Payment Deadline: March 15. Please see page 6 for our cancellation policy. Questions? Contact Rebekah Seder, [email protected]. 1 Trip Itinerary – additional speakers to be added! Sunday, April 28: Memphis, TN Early arrivals can enjoy Memphis attractions. Music lovers, head to Beale Street for live Delta Blues, or tour Graceland or Sun Records. Memphis may be known for its BBQ, but there are a variety of southern dishes to enjoy throughout the city. Welcome Reception We will hear from our journey guide, Roscoe Jones, Sr.: As a 17‐year‐old in the Jim Crow South of the early 1960s, Mr. -
COVID-19: Force Majeure and Contract Considerations for Buyers and Sellers
COVID-19: Force Majeure and Contract Considerations for Buyers and Sellers On March 18, 2020, Robinson+Cole’s Taylor Shea and Jeff White participated in the Coronavirus Special Topics Conference Call hosted by the U.S. Department of Commerce. An overview of their presentation is below. FREQUENTLY ASKED QUESTIONS CHECKLIST What is a force majeure provision? If you are making a force majeure claim: + A force majeure provision is a clause in a contract that generally + Confirm that you have the right to claim a excuses a party for non-performance under a contract if the non- force majeure event has occurred under your performance is caused by an event that is outside the reasonable contract. control of the affected party. + Carefully consider what force majeure event What if my contract does not contain a force majeure provision? you will declare and how it is framed. + Typically, force majeure provisions are not read into contracts; + Be mindful of your mitigation obligations, and they must be expressly stated in a contract for an affected party document all of them. to be able to invoke. If your contract is silent, there may be other remedies an affected party can pursue (e.g., under the Uniform + Make sure you deliver notices in compliance Commercial Code or the common law). with your contract. Where is a force majeure provision found in a contract? + Do not favor one customer over another. + It can be anywhere, but will typically be found in the “boilerplate” If you receive a force majeure notice claim: language of a contract – which is basically the legal jargon at the + Confirm that the other party has a right to claim end of agreement. -
Application of Force Majeure Under English Law, New York Law and Russian Law (Comparative Analysis)
Application of Force Majeure under English Law, New York Law and Russian Law (Comparative Analysis) April 29, 2020 The current COVID-19 pandemic has, among other issues, highlighted the role of force majeure in commercial contracts. Whether contractual parties are able to rely on the concept of force majeure as grounds to suspend performance of their respective obligations where the performance of relevant obligations has been impeded by a force majeure event, i.e. an unexpected event outside the parties' control (like the COVID-19 outbreak and related governmental emergency measures), will depend on the applicable law and relevant contract provision. In the table below we have briefly commented on the main questions related to application of force majeure under English, New York and Russian law, taking into account the existing COVID-19 situation. Austin Beijing Brussels Dallas Dubai Hong Kong Houston London Moscow New York Palo Alto Riyadh San Francisco Washington bakerbotts.com | Confidential | Copyright© 2020 Baker Botts L.L.P. No. Position under English Law Position under NY Law Position under Russian Law 1. May a party refer to a force majeure event as grounds to suspend performance / be exempt from liability for non- performance if the contract does not contain a force majeure clause? No. No. Generally, yes. There is no independent concept of Under NY law, the presence of an Russian law contains a general statutory rule that a force majeure under English law. A express force majeure clause covering party to a commercial contract may be released from party may only rely on force majeure relevant events in a contract is a liability for non-performance of its obligations if it if it is expressly provided for in a prerequisite for any claim of force proves that performance was impossible due to a contract. -
Construction Law Journal
Construction Law Journal Summer 2021 Volume 17, Number 1 IN THIS ISSUE: ENGINEERING, PROCUREMENT, AND CONSTRUCTION CONTRACTS IN TEXAS: KEY PROVISIONS, ISSUES, AND PITFALLS THE FORCE MAJEURE DOCTRINE AND STANDARD CONSTRUCTION FORM CONTRACT PROVISIONS: REVISITING AN OLD CONTRACT PROVISION DURING THESE NEW UNCERTAIN TIMES FREEDOM OF CONTRACT AND ITS LIMITS: SELECTED ISSUES FOR THE CONSTRUCTION INDUSTRY CONSTRUCTION AHEAD, EXPECT DELAYS ON GOVERNMENTAL IMMUNITY Official Publication of the Construction Law Section of the State Bar of Texas • www.constructionlawsection.org CONSTRUCTION LAW JOURNAL BY: MATTHEW S.C. MOORE AND CORNELIUS F. "LEE" BANTA, JR.1 THE FORCE MAJEURE DOCTRINE AND STANDARD CONSTRUCTION FORM CONTRACT PROVISIONS: REVISITING AN OLD CONTRACT PROVISION DURING THESE NEW UNCERTAIN TIMES I. INTRODUCTION Committee (EJCDC), and Design-Build Institute of America (DBIA) through a COVID-19 lens and propose As we approach the first anniversary of the World Health modifications to balance the risks and exposures caused by Organization’s declaration of COVID-19 as a global COVID-19 or other pandemics. pandemic, its impact on local and global economies and our way of life cannot be ignored. The effects of COVID-19 to II. HISTORICAL BACKGROUND the construction industry are wide-reaching. Consequences The force majeure doctrine has its historical underpinnings on a project site include quarantines or other governmental in the British common law doctrine associated with restrictions resulting in impacts to the project workforce. frustration of purpose and impossibility of performance.2 Offsite impacts can cover a much broader scope of As one may recall from their 1L Contracts class, early issues implicating the various links of the supply chain British common law imposed absolute liability on parties relied upon by the construction industry. -
Birmingham, Ala
BIRMINGHAM PUBLIC LIBRARY Department of Archives and Manuscripts Birmingham, Ala. Police Department Surveillance Files, 1947-1980 Background: These files were transferred to the Archives Department in 1990 from the custody of the Birmingham Police Department Vice Unit. The Birmingham Police Department compiled these files but it is not known if other units of the department had maintained the files previously or if this collection constitutes one distinct set of files or a combination of various earlier sets of files. Scope and Content: The Birmingham, Alabama Police Department Surveillance Files contain memoranda, correspondence, photographs, newspaper clippings, interviews, and other material relating to a variety of individuals, organizations, and events. Individuals and organizations represented in the files include civil rights activists, white supremacists, anti-war protestors, and individuals involved in criminal activities. Events represented in the files include Birmingham area bombings and protests. The files are arranged alphabetically under the subject headings assigned by the Birmingham Police Department. In some cases material relating to an event or individual will be contained in different files under different headings. For this reason the researcher is advised to scan the entire guide to the collection. Subject Areas: Bombing investigation – Alabama – Birmingham. Bombings – Alabama – Birmingham. Civil rights movements – Alabama – Birmingham. Civil rights workers – Alabama – Birmingham. Crime – Alabama – Birmingham. Ku Klux Klan (1915- ) – Alabama – Birmingham. White supremacy movements – Alabama – Birmingham. Size: 14 reels microfilm Source: Birmingham, Ala. Police Department Restrictions: Standard preservation and copyright restrictions. Access restricted to microfilm copy (except photographs and audio tapes). Guide Prepared by: Caryl Johnston, Gigi Gowdy, and Jim Baggett File Number: Description: Microfilm Reel One 1125.1.1 A.A.C.D. -
Birmingham Civil Rights Historic District
NFS Form 10-900-a (Rev. 8/2002) 0MB No. 1024-0018 (Expires 1-31-2009) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Name of Property County and State Section number ____ Page ____ Name of multiple property listing (if applicable) SUPPLEMENTARY LISTING RECORD NRIS Reference Number: 06000940 Date Listed: October 19, 2006 Property Name: Birmingham Civil Rights Historic District County: Jefferson State: Alabama Civil Rights in Birmingham. Alabama. 1933-1979 Multiple Name This property is listed in the National Register of Historic Places in accordance with the attached nomination documentation subject to the following exceptions, exclusions, or amendments, notwithstanding the National Park Service certification included in the nomination documentation. October 19. 2006 Signature of the Keeper Date of Action Amended Items in Nomination: Section 8. Statement of Significance The period of significance is hereby changed to 1956-1963. Section 10. Geographical Data The following is hereby added as the verbal boundary justification for the property: The boundaries of the district encompass the resources determined to have been significant in Civil Rights organizing and protests in downtown Birmingham between 1956 and 1963. [This change was made in consultation with and approved by the National Register staff of the Alabama SHPO.] The Alabama State Historic Preservation Office was notified of this amendment. DISTRIBUTION: National Register property file Nominating Authority (without nomination attachment) form lu-yuu UMtJ [NO. 1UUZ4-UU15 (Oct. 1990) United States Department of the Interior National Park Service National Register of Historic Places Registration Form 1. Name of Property historic name Birmingham Civil Rights Historic District other names/site number N/A 2. -
In Serving the a 3AY Kunino Needs of the ONZN CZ Music & Record 11111 NY1NZOM Industry CI Cuvh3ra World Ho-S
1111110!!:3H record !!!!- Dedicated To dOHSzoos-3 NNIn Serving The A 3AY kunino Needs Of The ONZN CZ Music & Record 11111 NY1NZOM Industry CI cuvH3ra world ho-s eptemter6, 1969 60c In the opinion of the editors, this week the following records are the SINGLE PICKS OF THE WEEK WHO IWAINTIMRWMA IN THE IOVI 01INI COON PEON MAW MD 0 00V Elvis Presley sings one of TheWinstonswillfollow- JamesBrown,whokeeps The Monkees bestrecord the songs fromhis Vegas up "Color Him Father" with combiningthebeatwith is now on the market. It's WORLD act, "Suspicion Minds" a smash. It's "Love of the thesocialmessage suc- called "Mommy andDad- (Press,BMI), whichisas Common People" (Tree, cessfully, has "World" dy" (Screen Gems -Columbia, good as anything's he's BMI) and has a won't -quit (Brown. BMI)intwo parts BMI)andMonkeeDolenz done (RCA 47-9764). beat (Metromedia 142). andit'llgo (King 6258). wrote it (Co!gems 5005). SLEEPER PICKS OF THE WEEK CatMotherand theAll The Baskerville Hounds are EdwardsHandis a new CaptainMilk(EdwinHub- NightNewsboysask the thefirst group from Avco duoproducedby George bard) plays the flute with vitalquestion,"Can You Embassy andtheirrocky Martin. Their first single is great facility,and crowds Dance to It?" (Cat Mother- initial release is oldie "If I Thought You'dEver willlovethisrepriseof Emm - Jay - Sea - Lark, EMI) "HoldMe"(Robbins, AS - Change Your Mind" (Al Gal- "Hey, Jude" (Maclen, BMI) (Polydor14007). CAP). Hot (4504). lico,BMI) (GRT13). (Tetragrammaton 1542). At Atlantic Signing To ALBUM PICKS OF THE WEEK Distribute Stone Flower Label, from Left: Atlantic VP Nesuhi Ertegun, Dave Kapralik, Stone Flower's Legal Counsellor Marty Machattlan-tic Exec VP JudyCollinsispresented The Vogues' "Memories" John Mayall, alongwith RobertaFlackwhoplays on "Recollections" in a extend back into the '50s Jon Mark, Steve Thompson piano and sings somewhere Jerry Wexler and, Seated, number of folk songs she when "Moments to Remem- and Johnny Thompson, bow between Washington, D. -
Super ACRONYM 2 - Round 12
Super ACRONYM 2 - Round 12 1. A grocery list seen in this show's opening sequence only lists three items: "milk; eggs; drugs." On this show, various outlandish celebrity demands were presented by an effete personal assistant named Terrence Catheter, the grandson of Elmer Higgins. Most of this show was produced in Nevada to exploit an exception to a 1968 (*) crime control law. In a segment that has aged unbelievably poorly, a teenaged character in this show becomes extremely excited upon seeing he has gotten an email. A British earl named Niles Standish, the Tracy Morgan-voiced Spoonie Luv, and the wildly offensive Special Ed all appeared on, for 10 points, what Comedy Central series in which puppets reenacted prank calls? ANSWER: Crank Yankers <Vopava> 2. Rafael Belliard was shoved away by a fellow coach during an argument following this event. The day after this event, its central figure was given a free Corvette and tasked with presenting a lineup card. That figure of this event earned a lineup spot after a trade of Dontrelle Willis. Another man central to this game claimed "I kicked the shit out of it" (*) regarding his actions, which led to a meaningless proclamation given by Jennifer Granholm. An over-the-shoulder catch by Austin Jackson began the ninth inning of this 2010 game, whose central figure covered first base on a Jason Donald ground ball fielded by Miguel Cabrera. Jim Joyce was despondent following, for 10 points, what game in which a blown call spoiled a rare feat by a Detroit Tigers pitcher? ANSWER: Armando Galarraga's near-perfect game (accept any answer describing both Armando (Antonio) Galarraga Barreto and a one-hitter or 28-out perfect game or imperfect game or blown call or losing a perfect game in the 9th inning or similar; accept answers like Jim Joyce's blown call) <Nelson> 3.