The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment, 2018 SJ Quinney College of Law, University of Utah
The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment, John R. Brooks
Utah Law Review
One of the most important—but least discussed—legislative and regulatory accomplishments of the Obama administration was the reform and expansion of income-driven repayment (“IDR”) for federal student loans. By 2016, anyone with a federal student loan—old or new—could choose to cap their monthly student loan payments to 10 percent of their discretionary income (after a large exemption) and have any unpaid balances forgiven after a minimum of ten, twenty, or twenty-five years of repayment, depending on the plan. IDR has the potential to effect a massive change in how the United States pays for higher education. At ...
Contracts Procured Through Bribery Of Public Officials: Zero Tolerance Versus Proportional Liability, 2018 New York University School of Law
Contracts Procured Through Bribery Of Public Officials: Zero Tolerance Versus Proportional Liability, Kevin E. Davis
New York University Law and Economics Working Papers
Bribery in public contracting is a serious problem, particularly in societies with weak public institutions. The trend in the law applicable to contracts between governments and foreign firms is to refuse to enforce contracts procured through bribery and to bar the firm from recovery in restitution. This zero-tolerance approach may have perverse consequences. Proof that a firm obtained a contract through bribery does not necessarily indicate the extent to which the firm has fallen short of its obligations to combat bribery. The zero-tolerance approach fails to take into account the extent to which the firm has not only attempted to ...
Implementing Restorative Justice Programs In The Cal Poly Community, 2018 California Polytechnic State University, San Luis Obispo
Implementing Restorative Justice Programs In The Cal Poly Community, Bryce R. Fauble Iii
Liberal Arts and Engineering Studies
This paper is the result of a year-long senior project for the Liberal Arts and Engineering program at California Polytechnic State University. This paper attempts to educate the reader on what Restorative Justice is, why it faces challenges in the United States, and how it has been implemented, both in the United States and outside of it. In addition, this paper describes my own experience with implementing Restorative Justice Programs with both the city of San Luis Obispo and California Polytechnic State University. This experience includes the challenges that I faced along the way, and how these challenges are indicative ...
The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, 2018 University of San Francisco
The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav
Master's Projects and Capstones
Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy ...
A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, 2018 Northwestern Pritzker School of Law
A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks
Northwestern Journal of Law & Social Policy
No abstract provided.
Due Process And The Right To Legal Counsel For Unaccompanied Minors, 2018 The Graduate Center, City University of New York
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
All Dissertations, Theses, and Capstone Projects
Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...
The State And Future Of Autonomous Vehicle Regulation In The United States, 2018 The Graduate Center, City University of New York
The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin
All Dissertations, Theses, and Capstone Projects
Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017 ...
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, 2018 Ohio State University Moritz College of Law
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
Texas A&M Law Review
China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not ...
Campbell-Ewald Co. V. Gomez: Diminishing The Derivative Sovereign Immunity Doctrine And The Social Costs Of Increasing Liability To Government Contractors, 2018 College of William & Mary Law School
Campbell-Ewald Co. V. Gomez: Diminishing The Derivative Sovereign Immunity Doctrine And The Social Costs Of Increasing Liability To Government Contractors, W. Logan Lewis
William & Mary Law Review
No abstract provided.
Tax Increment Financing In Maine, 2018 University of Maine School of Law
Tax Increment Financing In Maine, Michael G. Walker
Maine Law Review
Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining ...
Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, 2018 Northwestern Pritzker School of Law
Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones
Northwestern University Law Review
Few institutions have done more to improve working conditions for the middle class than labor unions. Their efforts, of course, cost money. To fund union activities, thousands of collective bargaining agreements across the nation have long included provisions permitting employers to require employees to pay “fair share” or “agency” fees. In public unions—when the employer is the government—this arrangement creates tension between two important values: the First Amendment’s protection against compelled expression and the collective benefits of worker representation. When confronted with this tension forty years ago in Abood v. Detroit Board of Education, the Supreme Court ...
Vaccine Licensure In The Public Interest: Lessons From The Development Of The U.S. Army Zika Vaccine, 2018 Saint Louis University School of Law
Vaccine Licensure In The Public Interest: Lessons From The Development Of The U.S. Army Zika Vaccine, Ana Santos Rutschman
All Faculty Scholarship
Vaccines developed by the public sector are key to preventing future outbreaks of infectious diseases. However, the licensure of these vaccines to private-sector companies under terms that do not ensure both their availability and affordability compromises their development. This Essay analyzes the recent attempted licensing deal for a Zika vaccine between the U.S. Army and Sanofi, a French pharmaceutical company. The proposed grant of an exclusive license to Sanofi triggered widespread concern because none of its substantive terms were disclosed. While § 209 of the Patent Act imposes limitations on exclusive licensure, the Army released no information supporting its finding ...
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, 2018 Harvard Law School
Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk
American University Law Review
No abstract provided.
2017 Government Contract Law Decisions Of The Federal Circuit, 2018 American University Washington College of Law
2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon
American University Law Review
No abstract provided.
Does Government Contracting Have A Remedies Problem? A Response To Eric M. Singer, Competitive Public Contracts, 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law
Does Government Contracting Have A Remedies Problem? A Response To Eric M. Singer, Competitive Public Contracts, Steven W. Feldman
Nevada Law Journal Forum
In his provocative article, Competitive Public Contracts, Eric M. Singer claims that deficient contractor performance is inherent in government contracting. Singer asserts that, “fundamentally,” public purchasing has a “contract-remedies problem”—the absence of both any “credible threat” and any “effective contract remedy to deter or correct [contractor] misbehavior.” Unlike private buyers, who have plausible threats to motivate contractors to perform properly, governments are said to “often” labor under intrinsic and extrinsic limitations that undermine remedial alternatives. Consequently, Singer argues that governments (especially state and local agencies) have no “effective contract remedy” to induce improved contractor performance. Among these “ineffective” remedies ...
Sovereign Debt Restructuring And English Governing Law, 2017 Brooklyn Law School
Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz
Brooklyn Journal of Corporate, Financial & Commercial Law
The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that ...
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, 2017 University of California, Berkeley, School of Law
Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell
In crafting the Defend Trade Secrets Act of 2016 (DTSA), Congress went beyond the federalization of state trade secret protection to tackle a broader social justice problem: the misuse of nondisclosure agreements (NDAs) to discourage reporting of illegal activity in a variety of areas. The past few decades have witnessed devastating government contracting abuses, regulatory violations, and deceptive financial schemes that have hurt the public and cost taxpayers and investors billions of dollars. Congress recognized that immunizing whistleblowers from the cost and risk of trade secret liability for providing information to the Government could spur law enforcement. But could this ...
United States V. Osage Wind, Llc, 2017 Alexander Blewett III School of Law at the University of Montana
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...
Protecting Whistleblowing (And Not Just Whistleblowers), 2017 University of Michigan Law School
Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan
Michigan Law Review
When the government contracts with private parties, the risk of fraud runs high. Fraud against the government hurts everyone: taxpayer money is wasted on inferior or nonexistent products and services, and the public bears the burdens attendant to those inadequate goods. To combat fraud, Congress has developed several statutory frameworks to encourage whistleblowers to come forward and report wrongdoing in exchange for a monetary reward. The federal False Claims Act allows whistleblowers to file an action in federal court on behalf of the United States, and to share in any recovery. Under the Dodd- Frank Act, the SEC Office of ...
The Diversity Rationale For Affirmative Action In Military Contracting, 2017 The Catholic University of America, Columbus School of Law
The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. Mcclean
Catholic University Law Review
Section 8(a) of the Small Business Act (the ‘‘8(a) program’’) is a federal contracting program that permits the government to award certain contracts to members of designated racial groups that own small businesses. Courts have denied facial challenges to the program, but have upheld challenges alleging the program is unconstitutional as applied to particular industries. As a result, the military is banned from using the program in at least one industry, and inherits significant risk when using the program in other industries. The government has never articulated a diversity rationale to justify the use of race-conscious measures in ...