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Legal Research Programs

TRB manages programs of small studies focused on analyzing legal issues in the highway, transit, and airport fields.  The programs are supported by the National Cooperative Highway Research Program (NCHRP), the Transit Cooperative Research Program (TCRP), and the Airport Cooperative Research Program (ACRP).

The results of research conducted under these programs are published as the NCHRP, TCRP, or ACRP Legal Research Digest series.  Each document is intended to provide highway, transit, or airport attorneys with authoritative, well-researched, specific information that is limited in scope. The studies focus on legal issues and problems having national significance to their respective industry. The Legal Research Digest provides highway-, transit-, and airport-related legal research on a wide variety of legal topics.

Each program initiates two to four new projects each year.

Individual studies for
ACRP’s Legal Aspects of Airport Programs, TCRP’s Legal Aspects of Transit and Intermodal Transportation ProgramsNCHRP’s Legal Problems Arising out of Highway Programs are implemented by James McDaniel, Counsel for Legal Research Projects, jmcdaniel@nas.edu, 202-334-3209.

Legal Research Program RFPs

When available, currenty active Legal Research Program Requests for Proposals (RFPs) are listed below.

The Ramifications of Post-Kelo Legislation on State Transportation Projects
February 19, 2010
TRB’s National Cooperative Highway Research Program (NCHRP) has issued a request for proposals to explore the consequences of proposed or enacted legislation at the state level that restricts the eminent domain process as a result of the United States Supreme Court’s decision in Kelo v. City of New London. Proposals are due February 19, 2010.

Legal Aspects of Performance-based Specifications for Highway Construction and Maintenance Contracts
February 19, 2010
TRB’s National Cooperative Highway Research Program (NCHRP) has issued a request for proposals to explore the appropriateness of performance-based specifications for highway construction and maintenance contracts. Proposals are due February 19, 2010.

Update of Selected Studies in Transportation Law, Volume One: Transportation Contract Law
February 19, 2010
TRB’s National Cooperative Highway Research Program (NCHRP) has issued a request for proposals to update the Selected Studies in Transportation Law: Volume One: Transportation Contract Law which was last published in 2005. Since publication of Volume 1, new trends have emerged in design-build and other innovative contracting practices, public-private partnerships, insurance and bonding capacity...

Legal Definition of First Responder
February 19, 2010
TRB’s National Cooperative Highway Research Program (NCHRP) has issued a request for proposals to identify existing definitions for first responders in the legislation, regulations, and executive orders, and commonalities or inconsistencies between the definitions. Proposals are due February 19, 2010.

Tort Liability Defense Practices for Design Flexibility including Design Documentation
February 19, 2010
TRB’s National Cooperative Highway Research Program (NCHRP) has issued a request for proposals to explore cases in which transportation agencies have defended themselves against lawsuits involving design decisions based on maintaining safety in balance with other factors, such as cost considerations and maintaining scenic, aesthetic, historic, and environmental and community resources...



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