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International Commodity Agreements, Kenneth Klein 2017 University of Georgia School of Law

International Commodity Agreements, Kenneth Klein

Georgia Journal of International & Comparative Law

No abstract provided.


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 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, Hugh D. Spitzer 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, Peter Zumbansen 2016 Osgoode Hall Law School

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 ...


To Govern Is To Choose: A Critique Of Ontario’S New Plan To Publicly Fund In Vitro Fertilization, Rozmin Mediratta 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, Karen Blum 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?, Stephen H. Steinglass 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, Isabella Pezzulo 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, Samuel Estreicher 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, Jim R. Moye 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 government’s 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 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 ...


Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman 2016 American University Washington College of Law

Applying The Ucmj To Contractors In Contingency Operations, Adam R. Pearlman

American University National Security Law Brief

No abstract provided.


The Real Homeland Security Gaps, Areto A. Imoukhuede 2015 Nova Southeastern University - Shepard Broad Law Center

The Real Homeland Security Gaps, Areto A. Imoukhuede

Areto A Imoukhuede

This Article reveals the real security gaps in the Department of Homeland Security’s Federal Protective Service (“FPS”) and suggests that the excessive delegation of FPS’s vital security functions to private contractors should be treated as an unconstitutional delegation of an inherently governmental function. It presents the FPS mission of protecting critical federal infrastructure as a national priority that Congress recognized after 9/11 as vitally important to the nation’s homeland security.  Despite this recognition, there has been widespread delegation of the FPS security function to private contractors.  The Article considers the regulatory and constitutional law concerns raised ...


Os Órgãos De Solução De Controvérsias (Dispute Boards) Na Nova Lei De Licitações Do Estado Peruano, Eric Franco Regjo 2015 Selected Works

Os Órgãos De Solução De Controvérsias (Dispute Boards) Na Nova Lei De Licitações Do Estado Peruano, Eric Franco Regjo

Eric Franco

A nova Lei de Licitações peruana (2015), introduziu pela primeira vez na região a regulamentação dos Dispute Boards para projetos de construção de obras públicas financiadas com recursos públicos. Esta lei e sua regulamentação, entraram em vigor em 09 de janeiro de 2016.


The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna 2015 University of San Francisco

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using ...


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel 2015 University of Michigan - Dearborn

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

Abstract
Over thirty years have passed since the Bhopal chemical disaster began,
and in that time scholars of corporate social responsibility (CSR) have
discussed and debated several frameworks for improving corporate response
to social and environmental problems. However, CSR discourse rarely
delves into the fundamental architecture of legal thought that often
buttresses corporate dominance in the global economy. Moreover, CSR
discourse does little to challenge the ontological and epistemological
assumptions that form the foundation for modern economics and the role of
corporations in the world.
I explore methods of transforming CSR by employing the thought of
Mohandas Gandhi. I pay ...


Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore 2015 University of Montana - Missoula

Pit River Tribe V. Bureau Of Land Management, 793 F.3d 1147 (9th Cir. 2015), Kathryn S. Ore

Public Land and Resources Law Review

In Pit River Tribe v. Bureau of Land Management, the United States Court of Appeals for the Ninth Circuit explained the correct application of the zone of interests test and further solidified the importance of proper NEPA and NHPA analysis in geothermal leasing. The court reaffirmed that the BLM and the Forest Service must conduct additional cultural and environmental analysis when granting lease extensions under the Geothermal Steam Act. Furthermore, it rejected the BLM’s decision to grant forty-year lease continuations to unproven geothermal leases by treating them as a unit rather than individually.


Security And Privacy Implications Of E-Procurement In The Ttip, W. Gregory Voss 2015 Toulouse Business School

Security And Privacy Implications Of E-Procurement In The Ttip, W. Gregory Voss

W. Gregory Voss

This Chapter has been adapted and developed from the author's presentation about security and privacy implications of e-procurement, as it could be handled in the TTIP, at an international seminar held on May 27, 2015 at the Barcelona Centre for International Affairs (CIDOB) - a think tank ranked number 1 in Spain and number 15 in Western Europe by the 2014 University of Pennsylvania Global Go To Think Tank Index Report (http://repository.upenn.edu/cgi/viewcontent.cgi?article=1008&context=think_tanks).


Comments On Public Lands: Title Transfer Proposals, Chuck Howe 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)

3 pages.


A Discussion Of Contract Types And The Mixed Oxide (Mox) Fuel Fabrication Facility (Mfff) At The Savanah River Site.Docx, DOUGLAS HENDERSON 2015 Selected Works

A Discussion Of Contract Types And The Mixed Oxide (Mox) Fuel Fabrication Facility (Mfff) At The Savanah River Site.Docx, Douglas Henderson

DOUGLAS J HENDERSON

Acting in good faith, and in order to ensure that the MFFF is completed in the most cost-effective and timely fashion, while meeting the United States Nuclear Regulatory Commission’s enforced NQA-1 quality requirements, an unbiased evaluation of commonly utilized contract types in the construction industry follows.  The purpose of the evaluation of contract types is to ensure that MOX Services is appropriately using T&M contracting for those selected few contracts, while also placing the special emphasis on a working product built to specification and delivered “at the earliest practicable date.” SEE MFFF Prime Contract.



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