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 ...
Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), 2017 Nevada Law Journal
Solid V. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 17 (Apr. 27, 2017), Hunter Davidson
Nevada Supreme Court Summaries
The Court interpreted Nevada Supreme Court Rules (“SCR” or the “Rules”) on Electronic Coverage of Court Proceedings: (1) My Entertainment TV (MET) is a “news reporter” under SCR 229(1)(c) because it collects, edits, and publishes footage concerning local events for public dissemination; (2) Clark County court proceedings footage has the educational or informational purpose required by SCR 241; (3) camera presence in the court room alone does not overcome the presumption permitting electronic recording of court proceedings under SCR 230; and (4) contract provisions must be read together, and the result should comport with the SCR on electronic ...
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
Nevada Law Journal Forum
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 ...
The Role Of Government Contracts In Furthering National Economic And Socioeconomic Policies, 2017 St. John's University School of Law
The Role Of Government Contracts In Furthering National Economic And Socioeconomic Policies, Thomas W. Reilly
The Catholic Lawyer
No abstract provided.
International Commodity Agreements, 2017 University of Georgia School of Law
International Commodity Agreements, Kenneth Klein
Georgia Journal of International & Comparative Law
No abstract provided.
Impact On Grant Fraud Within The Government, 2017 La Salle University
Impact On Grant Fraud Within The Government, Ashley Clark
Economic Crime Forensics Capstones
My proposal and area of concentration will focus on the forensic accountant’s role in grant fraud. This role is more important now than ever, as fraudsters’ efforts have become more sophisticated over time. Grant fraud is particularly susceptible because more and more fraudsters are working within the company and understand the internal workings of the organization. Ensuring that grant notice of award regulations and rules are followed – and that relevant agencies and individuals follow all protocols under the budgeted term – are crucial components to ensuring the grant’s success.
Within my research paper, I will cover all areas associated ...
The Joy Of Takings, 2017 Manatt, Phelps & Phillips, LLP
The Joy Of Takings, Michael M. Berger
Washington University Journal of Law & Policy
This Essay discusses the various circumstances under which Takings Law can be litigated. Beginning with an analysis of his personal experience in litigation, Berger details significant developments in Takings Law and posits on their future in a rapidly advancing technological sphere. Berger closes by analogizing airport takings law to issues involving drones and speculates that the intersection between drones and the law will mirror that of prior takings lawsuits.
New Econometric Evidence On Agricultural Total Factor Productivity Determinants: Impact Of Funding Sources, 2016 Iowa State University
New Econometric Evidence On Agricultural Total Factor Productivity Determinants: Impact Of Funding Sources, Wallace Huffman, Robert E. Evenson
This paper examines the impact of public and private agricultural research and extension on agricultural total factor productivity at the state level. We test the hypothesis that the composition of agricultural experiment station funding—share of funding from impact of federal competitive grants and contracts and from federal formula and state government appropriations affects the productivity of public agricultural research using data for the 48 contiguous states over 19701999. Our results show not only that sources of funding matter, but that an increase in federal competitive grant funding at the expense of federal formula funding would lower the productivity of ...
Funding Public Agricultural Research, 2016 Iowa State University
Funding Public Agricultural Research, Wallace Huffman
The United States has developed a very successful R&D system for agriculture. It is a system of shared cost and performance. The federal government provides about 24 percent of all agricultural research funds, while state governments provide 16 percent and the private sector assumes the remaining 60 percent. In contrast, federal agencies actually perform about 15 percent of the research, compared to 31 percent carried out by state agencies and 54 percent conducted by private businesses. Thus, the federal government and private sector transfer, on net, funds to state institutions for performing agricultural research.
Determinants Of The Demand For State Agricultural Experiment Station Resources: A Demand-System Approach, 2016 Iowa State University
Determinants Of The Demand For State Agricultural Experiment Station Resources: A Demand-System Approach, Wallace Huffman, Robert Evenson
We document the decline in traditional federal government support of the state agricultural experiment station system over the 20 years period starting in 1980 and of state government support over the 1990s. This paper presents a model of state government decisions on agricultural research expenditures. The model permits some benefits to be private in the sense that they are state specific and others to be public and spillover to other states. To capture a key aspect of agricultural research, the model includes voluntary and nonvoluntary contributions to a state government’s expenditures on agricultural research. Moreover, we argue that different ...
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, 2016 Villanova University Charles Widger School of 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
Villanova Law Review
No abstract provided.
Realigning The Governmental/Proprietary Distinction In Municipal Law, 2016 Seattle University School of Law
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 ...
The Law Of Society: Governance Through Contract, 2016 Osgoode Hall Law School
The Law Of Society: Governance Through Contract, Peter 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 ...
To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, 2016 University of Western Ontario, Faculty of Law
To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, Rozmin Mediratta
Western Journal of Legal Studies
In December 2015, the government of Ontario introduced the Fertility Program, a plan to publicly fund in vitro fertilization (IVF). The Fertility Program seeks to use the advanced reproductive technology to reduce the occurrence of multiple births and to increase access to fertility treatments. This paper does not argue that IVF should not be publicly funded at all, but rather posits that in a time when the government is restricting healthcare spending, scarce resources must be allocated appropriately. The Ontario government has failed to craft a cost-effective funding program to maximize these limited resources by expanding the role of healthcare ...
The Theory Of Municipal Custom And Practice, 2016 Touro College Jacob D. Fuchsberg Law Center
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?, 2016 Touro College Jacob D. Fuchsberg Law Center
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, 2016 SIT Graduate Institute/SIT Study Abroad
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 ...
Brief Of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould Iv, Michael C. Harper, Stewart J. Schwab And Theodore J. St. Antoine, As Amici Curiae In Support Of Respondents Friedrichs V. California Teachers Assn., No. 14-915, 2016 NYU School of Law
Brief Of Professors Cynthia L. Estlund, Samuel Estreicher, Julius G. Getman, William B. Gould Iv, Michael C. Harper, Stewart J. Schwab And Theodore J. St. Antoine, As Amici Curiae In Support Of Respondents Friedrichs V. California Teachers Assn., No. 14-915, Samuel Estreicher
New York University Public Law and Legal Theory Working Papers
The public sector employer has an interest in maintaining uniform terms and conditions for similarly-situated employees. There are essentially two approaches open to the employer for setting these terms. One is unilateral management determination, perhaps with the help of a sophisticated human resources office. The second approach is to develop these terms in consultation with the affected employees. The latter is best accomplished when employees feel they can identify their preferences and concerns without fear of retaliation. This collective employee voice function requires independent employee organization.
On the question of funding for such organizations, if management or the state otherwise ...
Close The Waste Loopholes: Reassessing Commercial Item Regulations In Federal Procurements, 2016 College of William & Mary Law School
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, 2016 Fordham Law School
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 ...