Comments On Public Lands: Title Transfer Proposals, 2015 University of Colorado Law School
Comments On Public Lands: Title Transfer Proposals, Chuck Howe
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, 2015 University of Tennessee - Knoxville
University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, Brian K. Krumm
Brian K Krumm
A great deal has been written over the years commenting on the strengths and weaknesses of the current system by which federal research funding has not produced the ideal results in terms of commercialization of inventions which are developed from such funding. The Bayh-Doyle Act was enacted in an attempt to provide a single uniform national policy which would cut through the government bureaucracy and encourage collaboration between universities and private industry to ensure that federally funded, commercially viable inventions were brought to market in an efficient manner. The question remains however, with the myriad of competing political and economic ...
Engines By Ge, Body By Houdini: State Secrets As A Procedural Restraint To The Resolution Of Disputes, Les Schiefelbein
Virtually every national government has a state secrets doctrine. The doctrine is best defined as “any information that, if disclosed publicly, would be reasonably likely to cause significant harm to the national defense or foreign relations of a government.”
Let me give state secrets some practical context and review how it is applied in the United Kingdom, the United States and France.
The best aviation description of my comments on state secrets is “Engines By GE, Body By Houdini.” The illusionist reference is an aviation descriptor of stealth airplanes whose invisibility to radar detection is like the state secret doctrine ...
Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, 2015 University of Colorado Law School
Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, 2015 University of Dayton
Jobsohio: Don’T Let Progress Stand In The Way Of Progress, Patrick Martin
In February of 2011, Governor of Ohio John Kasich signed legislation that created JobsOhio. This has been a controversial program based on the method that it was implemented and some of the rules that govern the program.it. In November of 2013, ProgressOhio, a citizens advocacy group, challenged the constitutionality of the program but the suit was dismissed by the Ohio Supreme Court for lack of standing by the plaintiffs. There has been no court decision that adjudicates the program on the merits, only on the jurisdictional standing of a party to a suit that challenged the legislation. To date ...
La Interpretación Constitucional De Los Contratos®, 2015 SelectedWorks
La Interpretación Constitucional De Los Contratos®, Daniel Fernando Gomez Tamayo
Daniel Fernando Gómez Tamayo
La Interpretación de los Contratos públicos y privados desde el constitucionalismo moderno. ¿Cómo hace el empleador o la ( parte redactora del contrato) para no generar pruebas incriminatorias de los vicios del consentimiento cuando obliga al trabajador o la (parte adherente) a leer y firmar el contrato? ¿Se puede despedir a un trabajador sin indemnizar los perjuicios, y desconociendo los derechos de la tercera edad, de la madre cabeza de hogar, o de los derechos de las personas desaventajadas o incapacitadas?¿ Qué dice el bloque de constitucionalidad para los ignorantes y directivos de empresas de educación superior?
Ersatz Normativity Or Public Law In Global Governance: The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury
New York University Public Law and Legal Theory Working Papers
Taking global prescriptions for national infrastructure regulation as a case study, this Article examines the nature and implications of the mingling of law, governance, and economics that is increasingly prevalent in global regulatory governance. It focuses on three sets of formally non-binding but influential instruments issued in the 2000s by the World Bank, the OECD, and UNCITRAL, each of which promotes far-reaching reforms to existing public law and institutions. The Article excavates these instruments' unarticulated theories of the state and its roles, and their visions of the nature and preferred features of law. It explores the use by these instruments ...
Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, 2015 Seattle University School of Law
Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam
Seattle University Law Review
During the past decade, “transparency” has become a focus of democratic governance. Open government and right-to-know regimes have been around at least since the 1970s. They include measures like open meeting laws, campaign finance disclosure, lobbying registration, and freedom of information laws. But the Open Government projects— variously referred to as e-democracy, Open Data, or Government 2.0— have evolved into something new and different. They view transparency not primarily as a right to know, but as a condition for a more efficient, intelligent, and cooperative form of democratic government. This Article considers how various election reform projects fit with ...
Kicking Employers While They Are Down: Vicarious Liability Under The Anti-Kickback Act, 2015 The Catholic University of America, Columbus School of Law
Kicking Employers While They Are Down: Vicarious Liability Under The Anti-Kickback Act, Daniel Horner
Catholic University Law Review
The Anti-Kickback Act is one of the instruments the Government uses to punish and prevent procurement fraud. The Act creates criminal and civil liability for the use of kickbacks by government contractors. Specifically, the civil provision contains two subsections -- one punishing employees for their actions, and the other punishing employers under a theory of strict liability. In United States ex rel. Vavra v. Kellogg, Brown & Root, the United States Court of Appeals for the Fifth Circuit held that employers are subject to vicarious liability for their employees' violations of the first subsection of the civil suit provision of the Anti-Kickback ...
The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares
Western Journal of Legal Studies
This paper explores international responses to foreign bribery with a specific focus on Canada’s increased role in combating the issue. It outlines international anti-bribery measures and their impact on Canada’s approach to foreign bribery, with an overview of Canada’s anti-bribery legislation, the Corruption of Foreign Public Officials Act (CFPOA). These measures have met with international criticism, to which Canada has responded with legislative amendments. Four Canadian legal decisions since the CFPOA amendment exemplify Canada’s stricter enforcement of the Act. Transparency International (TI) issued a progress report that commented on Canada’s current and future role in ...
Public Actors In Private Markets: Toward A Developmental Finance State, 2015 Cornell Law School
Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova
Robert C. Hockett
The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...
A Public Interest Perspective On Local Number Portability: Consumers, Competition And Other Risks, 2015 Summit Ridge Group, LLC
A Public Interest Perspective On Local Number Portability: Consumers, Competition And Other Risks, J. Armand Musey Cfa, Michael Calabrese
J. Armand Musey, CFA
Before the Commission finalizes the selection of a vendor for the Local Number Portability Administrator (“LNPA”) contract, the Commission should take this opportunity to reconsider the future role of the number portability system and of the LNPA in relation to market competition, public safety and the IP technology transition. The functionality of today’s LNP platform extends well beyond providing routine number porting services between telecom carriers. It has evolved into a significant component in the greater ecosystem of telecommunications competition, public safety and technological evolution. As a result, any changes to the LNPA now will have broader and evolving ...
Buying Voice: Financial Rewards For Whistleblowing Lawyers, 2015 Boston University School of Law
Buying Voice: Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark
Nancy J Moore
“Buying Voice: Financial Incentives for Whistleblowing Lawyers”
Kathleen Clark and Nancy J. Moore
The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have ...
The Revolving Door, 2015 University of Florida Levin College of Law
The Revolving Door, Wentong Zheng
Notre Dame Law Review
The revolving door between the government and the private sector has long been presumed to lead to the capture of regulators by industry interests. A growing body of empirical literature, however, either finds no conclusive evidence of a capture effect or finds evidence of an opposite effect that the revolving door indeed results in more aggressive, not less aggressive, regulatory actions. To account for these incongruous results, scholars have formulated and tested a new “human-capital” theory positing that revolving-door regulators have incentives to be more aggressive toward the regulated industry as a way of signaling their qualifications to prospective industry ...
A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, 2015 Florida State University College of Law
A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino
A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...
European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., 2015 University of Georgia School of Law
European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley
Georgia Journal of International & Comparative Law
No abstract provided.
The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, 2015 George Washington Law School
The Aftermath Of Governor Mcdonnell’S Corruption Trial: Proposing Comprehensive Ethics Reform In Virginia, Lisa J. Lindhorst
Lisa J Lindhorst
On September 4, 2014, a federal court convicted former governor of Virginia Bob McDonnell of eleven counts of corruption, bribery, and fraud for accepting over $165,000 worth of gifts and loans from the CEO of a local company. The egregious actions that led to these federal criminal convictions, however, were startlingly “legal” under Virginia’s ethics laws. The disparity between federal criminal standards and Virginia’s ethics standards illustrates the severe inadequacies that plague Virginia’s current system of ethics laws. Virginia’s absence of appropriate ethics laws and enforcement led to the state’s failing State Integrity Investigation ...
Protecting Government Defense Contracting With A Purpose: Interpreting Civil Liability Under The Anti-Kickback Act, 2014 Boston College Law School
Protecting Government Defense Contracting With A Purpose: Interpreting Civil Liability Under The Anti-Kickback Act, Bryan C. Curran
Boston College Law Review
The Department of Defense awards over $600 billion in government defense contracts to private contractors every year. The magnitude of these awards and the structure of defense contracts place the government at serious risk if fraud and misrepresentation are not adequately regulated and prosecuted. The Anti-Kickback Act of 1986 seeks to protect the government from fraud by imposing damages on prime contractors that either accept kickbacks or include the cost of kickbacks in their contract prices. The Act’s civil liability provision provides for direct and vicarious liability against prime contractor corporations whose employees or subcontractors engage in kickback activity ...
Renegotiating Investment Contracts: The Case Of Mining Contracts In Democratic Republic Of The Congo, 2014 University of Pretoria, Centre for Human Rights, International Development Law Unit
Renegotiating Investment Contracts: The Case Of Mining Contracts In Democratic Republic Of The Congo, Lukanda F. Kapwadi
Lukanda F Kapwadi
This article examines the issue of renegotiating an existing investment contract which does not provide for renegotiation clause. A prevailing theory in this respect asserts that a claim for renegotiating an existing agreement which contains no renegotiation clause should be disregarded as it amounts to an undue interference. This article addresses the question whether a contract concluded with unelected government or leaders of military factions in contravention to prevalent laws should escape revision. In particular, it assesses the rules and principles pertaining to renegotiation of an existing agreement against the Congolese process of renegotiation which involved over sixty mining contracts.
An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, 2014 Supreme Court of England and Wales
An Argument For Ratification: Some Basic Principles Of The 1994 Inter-American Convention On The Law Applicable To International Contracts, Justin P. Fletcher
Georgia Journal of International & Comparative Law
No abstract provided.