***NEW DEADLINE FOR SUBMISSIONS! DECEMBER 4, 2017***
MINNESOTA STATE BAR ASSOCIATION
CONSTRUCTION LAW SECTION
Law School Writing Competition 2017
The Construction Law Section of the Minnesota State Bar Association invites all 2L’s and 3L’s to showcase their writing skills and compete for two prizes, awarded to the best submission on this year’s topic.
First Place: $1,000
Second Place: $500
The goal is to encourage students to explore the practice of construction law by looking at the impact that larger forces like technology, diversity, globalization, and political climate have on the construction and legal industries.
Submissions are due by December 4, 2017.
Winners will be announced on December 29, 2017, and will receive their prizes at the Construction Law Section meeting on January 12, 2018 at 12:00 p.m., at the MSBA offices in downtown Minneapolis. (Alternative arrangements can be made if a winner is unable to attend the meeting.)
Good luck!
WRITING TOPIC:
In 1982, the United States Department of Transportation (“USDOT”) enacted a Disadvantaged Business Enterprise (“DBE”) Program, which requires that a portion of federal highway construction funds be paid to small businesses owned and controlled by socially and economically disadvantaged individuals. States are responsible for implementing DBE programs tailored to the local needs of the state. Using the following fact pattern and question, analyze the impact of Minnesota’s DBE program:
Johnson Signal Company is a small business owned by Bill Johnson, a white male whose personal net worth is below $1.32 million. Johnson Signal provides traffic control work for road projects, including setting up signs, guardrails, and markings to redirect traffic during construction. Johnson Signal usually bids on around 1,000 road projects per year, but has noticed in recent years that they are losing more and more bids to DBEs, even when Johnson Signal’s bid is lower.
Ramirez Signal Company is a small business owned by Jose Ramirez, a Hispanic male, which qualifies as a DBE. Ramirez Signal provides traffic control work for road projects with similar capabilities as Johnson Signal. Ramirez Signal just won its bid on a large public highway contract, beating out Johnson Signal as the traffic control subcontractor. Ramirez believes that Johnson will be contesting the bid award.
Imagine one of these business owners calls you up to get your advice about what options they have. Pick a side, and using 2-3 cases, explore the DBE program’s strengths, weaknesses, and impact on your client’s business.
(Word Limit: 1,000)
Send submissions to:
Sarah Roeder
DeWitt Mackall Crounse & Moore S.C.
ser@dewittmcm.com