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Articles 1 - 12 of 12
Full-Text Articles in Law
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
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
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 Law Of Society: Governance Through Contract, Peter Zumbansen
The Law Of Society: Governance Through Contract, Peter Zumbansen
Peer Zumbansen
This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of privatization, domestic and transnational commercial relations, and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, "governance of contract" through contract adjudication, consumer protection law, and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits that …
The Theory Of Municipal Custom And Practice, Karen Blum
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
Eleventh Amendment Federalism And State Sovereign Immunity Cases: Direct Effect On Section 1983?, Stephen H. Steinglass
Touro Law Review
No abstract provided.
Song Of The Dzopa: A Case Study Of Traditional Farming, Food, And, Isabella Pezzulo
Song Of The Dzopa: A Case Study Of Traditional Farming, Food, And, Isabella Pezzulo
Independent Study Project (ISP) Collection
In a plane high above the snow-capped jagged peaks and cracked earth of Ladakh, I stared down below with awe, wondering how people ever coaxed life from the soil in this mountain-desert landscape. The intention of this study is to see how traditional subsistence farming actually takes place and the social settings formed by these practices. Living in the village of Tar for a little over twenty days allowed me to observe the age-old practices in which nourishment is produced and community formed through working the land. Working with my hands and resting with cups of butter tea alongside villagers …
Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, Jim R. Moye
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 governments 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
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
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
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
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 …
Prisons For Profit: Neoliberal Rationality's Transformation Of America's Prisons, Kelsey Clark
Prisons For Profit: Neoliberal Rationality's Transformation Of America's Prisons, Kelsey Clark
Senior Independent Study Theses
This project examines the dramatic changes in the American prison system that resulted from privatization and deregulation. Using Wendy Brown’s conceptualization of neoliberal rationality, this study focuses on the important neoliberal transformation that resulted in a dramatic increase in privatization of prisons. This transformation has affected more than the institutions themselves, as some argue that even individual rationality has been transformed by neoliberalism. The purpose of this study is to analyze the transformation of American prisons from publicly run to privately operated. The analysis includes how this has affected American prisons and the rationalities of those who advocate on behalf …