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373 full-text articles. Page 1 of 8.

Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum 2014 Touro College Jacob D. Fuchsberg Law Center

Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum

Touro Law Review

No abstract provided.


The Military-Environmental Complex, Sarah E. Light 2014 Boston College Law School

The Military-Environmental Complex, Sarah E. Light

Boston College Law Review

Two competing theories vie for dominance regarding the relationship between the U.S. military and the natural environment. On the one hand, because legal rules permit the military to disregard environmental laws when they conflict with the military’s national security mission, one might be left with the impression that the military always stands opposed to environmental protection. Yet the military is currently engaged in an extensive undertaking to improve its sustainable energy use by reducing demand and developing renewables in its multiple roles as a war fighter, a landlord, a first user of pre-commercial technologies, and a potential high-demand ...


Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson 2014 University of Tennessee, Knoxville

Judicial Influence And The United States Federal District Courts: A Case Study, Justin R. Hickerson

University of Tennessee Honors Thesis Projects

No abstract provided.


Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud 2014 Pepperdine University

Preserving Home Rule: The Text, Purpose, And Political Theory Of California’S Municipal Affairs Clause, Brett A. Stroud

Pepperdine Law Review

No abstract provided.


Ensuring Contractor Accountability Overseas: A Civilian Extraterritorial Jurisdiction Act Would Be Preferable To Expansion Of The False Claims Act, Rachel M. Kelly 2014 College of William & Mary Law School

Ensuring Contractor Accountability Overseas: A Civilian Extraterritorial Jurisdiction Act Would Be Preferable To Expansion Of The False Claims Act, Rachel M. Kelly

William & Mary Business Law Review

This Note considers the advisability of amending the False Claims Act’s qui tam provisions beyond instances of fraud to include criminal allegations against government contractors employed overseas. It considers the negative effects that result from qui tam actions in the fraud context and discusses alternatives for holding contractors accountable for crimes committed overseas that could avoid those negative effects. This Note particularly focuses on and recommends a civilian corollary to the Military Extraterritorial Jurisdiction Act—the Civilian Extraterritorial Jurisdiction Act. It discusses the benefits that the Civilian Extraterritorial Jurisdiction Act would provide such as increased judicial efficiency, increased prosecutorial ...


Government Procurement Law Perspectives: Spring 2014, Government Procurement Law Program 2014 George Washington University Law School

Government Procurement Law Perspectives: Spring 2014, Government Procurement Law Program

Government Procurement Law Perspectives

No abstract provided.


Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo 2014 SelectedWorks

Let Educators Educate, Let Builders Build: Making A Case For School Facility Privatization, John Pizzo

John Pizzo

No abstract provided.


Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, michael a. alao 2014 SelectedWorks

Public School Governance And Cyber Security: School Districts Provide Easy Targets For Cyber Thieves, Michael A. Alao

michael a alao

School districts rely on information systems to a similar extent as private, business organizations, yet the rules and regulations to ensure that school districts maintain adequate security to prevent data breaches and theft have failed to keep pace with private-sector developments. Advances in the private sector include notice-of-breach laws, consumer protection laws limiting individual liability for fraudulent electronic funds transfers, and auditing and reporting of internal controls. The public sector, including school districts, has also made advances in cyber security rules and regulations, but to a more limited extent than the private sector. Because of the sheer number of public ...


Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara 2014 SelectedWorks

Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara

Anika Guevara

No abstract provided.


Investor Security In The Energy Sector: Comparative Analysis Of United States And European Union, Jeffery R. Ray 2014 SelectedWorks

Investor Security In The Energy Sector: Comparative Analysis Of United States And European Union, Jeffery R. Ray

Jeffery R Ray

No abstract provided.


Emerging Policy And Practice Issues, Steven L. Schooner, David Berteau 2014 George Washington University Law School

Emerging Policy And Practice Issues, Steven L. Schooner, David Berteau

GW Law Faculty Publications & Other Works

This paper, presented at the West Government Contracts Year in Review Conference (covering 2013), attempts to identify the key trends and issues in U.S. federal procurement for 2013. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. Budgetary and financial insecurity were less significant last year, but there is no question that the spending reduction represents a meaningful change in the long-term trend. More broadly, the paper discusses agency purchasing data (particularly at the Defense Department), grants spending and major changes in uniform guidance, the continued ...


"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown 2013 Maurer School of Law: Indiana University

"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown

Indiana Law Journal

The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do ...


Government Procurement Law Perspectives: Fall 2013, Government Procurement Law Program 2013 George Washington University Law School

Government Procurement Law Perspectives: Fall 2013, Government Procurement Law Program

Government Procurement Law Perspectives

No abstract provided.


How To Create American Manufacturing Jobs, John D. Gleissner Esquire 2013 SelectedWorks

How To Create American Manufacturing Jobs, John D. Gleissner Esquire

John D Gleissner Esquire

No abstract provided.


Army Corps Of Engineers, U.S., Bert Chapman 2013 Purdue University

Army Corps Of Engineers, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.


Liquid Assets: A Coasian Economic Analysis Of Oregon's Allocation Of Conserved Water Program, Richard A. Grisel 2013 SelectedWorks

Liquid Assets: A Coasian Economic Analysis Of Oregon's Allocation Of Conserved Water Program, Richard A. Grisel

Richard A Grisel

Diversions for residential, agricultural, recreational, commercial, industrial, and other beneficial uses have had the effect of removing water from rivers and tributaries throughout the western U.S. Another, more recent, competing use is ecological, demonstrated by the legal recognition of instream beneficial uses in some jurisdictions. As awareness of the progressively acute need for reallocation has increased in the arid West, so has interest in water markets and other mechanisms to facilitate transfers across beneficial uses. However, governments and water users face a legacy prior appropriation system that prohibits instream beneficial uses, encourages maximal diversion, stifles water right fungibility, and ...


Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson 2013 Pepperdine University

Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Holding Blackwater Accountable: Private Security Contractors And The Protections Of Use Immunity, Emily Kelly 2013 Boston College Law School

Holding Blackwater Accountable: Private Security Contractors And The Protections Of Use Immunity, Emily Kelly

Boston College International and Comparative Law Review

Private security contractors who commit crimes abroad enjoy extensive protection from prosecution. When private security contractors discharge weapons without authorization, the U.S. State Department immediately compels them to make official statements regarding the incidents. The statements are made under the threat of job loss, but are subsequently protected by immunity. The U.S. District Court for the District of Columbia’s dismissal of United States v. Slough highlights the difficulties prosecutors face in obtaining untainted evidence as a result of these protected statements. The Department of Justice has no control over grants of immunity to private security contractors and ...


The Epistemology And Methodology Of Exploratory Social Science Research: Crossing Popper With Marcuse, Bernd Reiter 2013 University of South Florida

The Epistemology And Methodology Of Exploratory Social Science Research: Crossing Popper With Marcuse, Bernd Reiter

Government and International Affairs Faculty Publications

This article seeks to propose a rationale for exploratory research in the social sciences. Inspired by the recent debates around qualitative methods (Gerring, 2001; George and Bennett, 2005; Brady and Collier, 2004; Mahoney and Rueschemeyer, 2003; Ragin, 2008; to name just a few), I seek to demonstrate that exploratory research also has a rightful place within the social sciences. In order to live up to its potential, exploratory research needs to be conducted in a transparent, honest, and selfreflexive way – and follow a set of guidelines that ensure its reliability. Exploratory research, if conducted in such a way, can achieve ...


The Scope And Limitations Of The Implied Warranty On Federal Government Design Specifications , Charles Mandel 2013 Pepperdine University

The Scope And Limitations Of The Implied Warranty On Federal Government Design Specifications , Charles Mandel

Pepperdine Law Review

No abstract provided.


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