Law Commons^™

A New Sentencing Blueprint: The Third Circuit Allows Disadvantaged Business Enterprise Fraud Convictions To Be Offset By Construction Contract Performance In United States V. Nagle, Christopher C. Reese

Villanova Law Review

No abstract provided.

Realigning The Governmental/Proprietary Distinction In Municipal Law, Hugh D. Spitzer

Seattle University Law Review

Lawyers and judges who deal with municipal law are perpetually puzzled by the distinction between “governmental” and “proprietary” powers of local governments. The distinction is murky, inconsistent between jurisdictions, inconsistent within jurisdictions, and of limited use in predicting how courts will rule. Critics have launched convincing attacks on the division of municipal powers into these two categories. Most articles have focused on problems with the distinction in specific areas of municipal law. In contrast, this article provides a comprehensive analysis of the governmental/proprietary distinction in seven specific doctrinal areas: legislative grants of municipal authority, government contracts, torts, eminent domain, adverse …

The Theory Of Municipal Custom And Practice, Karen Blum

Touro Law Review

No abstract provided.

Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass

Touro Law Review

No abstract provided.

Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye

William & Mary Business Law Review

Classifying an item as commercial reduces the government’s ability to ask for information to determine whether prices are fair or reasonable, based on the assumption that these prices would e shaped by market forces. Since changes in procurement laws in the 1990s, contractors seem to want all items, as well as the entities that sell these items, to be listed as commercial. Contractors push for items to be labeled as commercial so they can avoid nearly all oversight and transparency requirements, which often results in the government buying blindly.

Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino

Fordham Urban Law Journal

The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of free software, free software vendors second-to-market status, and a lack of established free and open source software vendors in niche markets. With feasible policy shifts to improve city operations, including building upon open standards and engaging with free software communities, municipalities may be able to better leverage free and open source software to realize fully the advantages that stem …

Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman

American University National Security Law Brief

No abstract provided.

Publication Of Government-Funded Research, Open Access, And The Public Interest, Julie L. Kimbrough, Laura N. Gasaway

Vanderbilt Journal of Entertainment & Technology Law

Public access to government-funded research is an issue of tremendous importance to researchers, librarians, and ordinary citizens around the world. Based on the notion that taxpayers finance research through their tax dollars, research data should be available to them. Rapid, unfettered access to research publications provides access to medical research to patients, encourages further exploration and inquiry by other researchers, informs citizens, and advances scientific research.

Scientists typically write articles that divulge the results of their government-funded research. Prior to the open access movement, these articles were published in commercially produced journals. Subscriptions to these journals are expensive, and cost …

The Likely Mismatch Between Federal Research & Development Funding And Desired Innovation, Joshua D. Sarnoff

Vanderbilt Journal of Entertainment & Technology Law

Scholars are beginning to develop theoretical analyses of the different forms of government funding that promote innovation. These analyses indicate the need for extensive empirical research into the comparative advantages and various abilities of differing governmental and private institutions. Currently, empirical analyses are lacking, as data for such studies is rarely obtained. Worse yet, analyses of the ways funding decisions are actually made indicate that research and development funding decisions are not governed by a theory of comparative innovation advantage. Accordingly, we can expect a substantial mismatch between actual funding choices and desired innovation policy.

This Article identifies practical considerations …