Government Contracts Commons™
Open Access. Powered by Scholars. Published by Universities.™
24 Institutions 297 Full-Text Articles 229 Authors 81,916 Downloads
Recent Articles in Government Contracts
Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue 
University of Maryland Francis King Carey School of Law
Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Multinational Corporation As “The Good Despot”: The Democratic Costs Of Privatization In Global Settings, Eyal Benvenisti, Doreen Lustig 
BLR
The Multinational Corporation As “The Good Despot”: The Democratic Costs Of Privatization In Global Settings, Eyal Benvenisti, Doreen Lustig
Tel Aviv University Law Faculty Papers
In 1861 John Stuart Mill published Considerations on Representative Government to discuss the justifications of democracy. The third chapter of this book explores why a government run by a good despot is unacceptable. In this article we revisit Mill's critique of the good despot to problematize the contemporary exercise of authority and influence by multinational companies especially in foreign countries. Inspired by Mill, we move away from the preoccupation of contemporary literature on privatization with the identity the actor (the question whether certain governmental functions must remain the province of public authorities) or the outcome of privatization (how it ...
Waiting For Leviathan: A Note On Modern Wo'er Trading Co Ltd V Ministry Of Finance Of The People's Republic Of China, Daniel J. Mitterhoff University of Maryland Francis King Carey School of Law
Waiting For Leviathan: A Note On Modern Wo'er Trading Co Ltd V Ministry Of Finance Of The People's Republic Of China, Daniel J. Mitterhoff
Faculty Scholarship
This article analyzes a Chinese bid protest that has taken nearly seven years to adjudicate, yet as of this writing, no institution of the Chinese state has evaluated the substance of the protester’s bid challenge. Instead, the supplier’s complaint has been snared in a grey area between two of China’s multiple bid protest systems, burdening the supplier to push China’s administrative state to respond. The saga of Modern Wo’Er Trading Company Ltd. v The Ministry of Finance of the People’s Republic of China raises compelling questions about the relationship of China’s 1999 Tender ...
Not Quite A Civilian, Not Quite A Soldier: How Five Words Could Subject Civilian Contractors In Iraq And Afghanistan To Military Jurisdiction , Katherine Jackson 
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 
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 ...
Government Procurement Law Perspectives: Winter 2013, Government Procurement Law Program 
George Washington University Law School
Government Procurement Law Perspectives: Winter 2013, Government Procurement Law Program
Government Procurement Law Perspectives
No abstract provided.
Feature Comment: Considering The Effects Of Public Procurement Regulations On Competitive Markets, Christopher R. Yukins, Jose A. Cora George Washington University Law School
Feature Comment: Considering The Effects Of Public Procurement Regulations On Competitive Markets, Christopher R. Yukins, Jose A. Cora
GW Law Faculty Publications & Other Works
Professor Albert Sanchez Graells of the University of Hull (UK) recently published a vitally important book on procurement law, Public Procurement and the EU Competition Rules (Hart Publishing 2011). In his study, Sanchez Graells asked what seems like a simple question: Shouldn’t regulators, when writing procurement regulations, consider the likely impact of those regulations on competitive markets? Sanchez Graells pointed out that far too little attention has been paid to the anticompetitive impact of public procurement regulation. This article assesses Sanchez Graells’ thesis from a U.S. perspective. In many ways the U.S. federal procurement system stands at ...
Bid Protests: The Costs Are Real, But The Benefits Outweigh Them, Daniel I. Gordon George Washington University Law School
Bid Protests: The Costs Are Real, But The Benefits Outweigh Them, Daniel I. Gordon
GW Law Faculty Publications & Other Works
The author analyzes the costs and benefits of bid protests, with a focus on protests filed at the Government Accountability Office (GAO). The author explains that the costs are often overstated, in that GAO’s reporting methodology leads observers to overstate the number of protests and the frequency of successful protests. The author also reports on research regarding what happens after GAO sustains protests, and indicates that firms that successfully protest to GAO generally do not obtain the contract that was the subject of the protest. The article also explains that the “automatic stay” of procurements triggered by a protest ...
Anti-Corruption Internationally: Challenges In Procurement Markets Abroad—Part Ii:The Path Forward For Using Procurement Law To Help With Development And The Fight Against Corruption, Daniel I. Gordon George Washington University Law School
Anti-Corruption Internationally: Challenges In Procurement Markets Abroad—Part Ii:The Path Forward For Using Procurement Law To Help With Development And The Fight Against Corruption, Daniel I. Gordon
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2012), discusses developing issues in international public procurement. Among other things, the paper suggests that there is growing recognition of the role that procurement can play in national development and the fight against corruption. In the paper the author points out that, while there is a worldwide trend toward more and more similar procurement systems, that trend does not mean that procurement systems are becoming, or should become, uniform. Moreover, the author contends in the paper that procurement law has only a limited role in national development ...
Emerging Policy And Practice Issues (2012), Steven L. Schooner, David J. Berteau George Washington University Law School
Emerging Policy And Practice Issues (2012), Steven L. Schooner, David J. Berteau
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2012), attempts to identify the key trends and issues for 2013 in U.S. federal procurement. Budgetary and financial insecurity emerge as the most significant emerging issues in government contracting. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. Among other things, it discusses the pending sequestration, procurement spending rates, agency purchasing data (particularly at the Defense Department, Department of Homeland Security, and the Department of State and the Agency for International Development), grants ...
The Scope And Limitations Of The Implied Warranty On Federal Government Design Specifications , Charles Mandel Pepperdine University
The Scope And Limitations Of The Implied Warranty On Federal Government Design Specifications , Charles Mandel
Pepperdine Law Review
No abstract provided.
Tying Together Termination For Convenience In Government Contracts , Lawrence Lerner Pepperdine University
Tying Together Termination For Convenience In Government Contracts , Lawrence Lerner
Pepperdine Law Review
No abstract provided.
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena Pepperdine University
State Preemption Of Cable Television Regulation — Whatever Happened To The Sanctity Of Contract?, William M. Marticorena, Lynda E. Marticorena
Pepperdine Law Review
California Government Code section 53066.1 as recently amended gives cable television operators the right to obtain rate increases even in the face of the city or county franchisor opposition. Since most cable franchise agreements allow the franchisor to control rates for the cable service, there is a conflict between the statute and the franchise contracts. This article examines the issue of whether the statute violates the constitutional provisions against the impairment of contracts and whether the franchisor or a subscriber of the service has the necessary standing to assert the constitutional argument.
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney Pepperdine University
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Pepperdine Law Review
No abstract provided.
Book Review: Government Contracts Under The Federal Acquisition Regulation, Robert C. Gusman Pepperdine University
Book Review: Government Contracts Under The Federal Acquisition Regulation, Robert C. Gusman
Pepperdine Law Review
No abstract provided.
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield Pepperdine University
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
Pepperdine Law Review
No abstract provided.
Congress Declares Checkmate: How The Fraud Enforcement And Recovery Act Of 2009 Strengthens The Civil False Claims Act And Counters The Courts, Jeffrey L. Handwerker, Matthew Solomson, Mahnu V. Davar, Kathleen H. Harne University of Maryland Francis King Carey School of Law
Congress Declares Checkmate: How The Fraud Enforcement And Recovery Act Of 2009 Strengthens The Civil False Claims Act And Counters The Courts, Jeffrey L. Handwerker, Matthew Solomson, Mahnu V. Davar, Kathleen H. Harne
Journal of Business & Technology Law
No abstract provided.
Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh University of Maryland Francis King Carey School of Law
Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh
Journal of Business & Technology Law
No abstract provided.
Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer Pepperdine University
Contracts Written In Stone: An Examination Of United States V. Winstar Corp., Mark T. Cramer
Pepperdine Law Review
No abstract provided.
Appealing Government Contract Decisions: Reducing The Cost And Delay Of Procurement Litigation With Alternative Dispute Resolution Techniques, Eldon H. Crowell, Charles Pou Jr. University of Maryland Francis King Carey School of Law
Appealing Government Contract Decisions: Reducing The Cost And Delay Of Procurement Litigation With Alternative Dispute Resolution Techniques, Eldon H. Crowell, Charles Pou Jr.
Maryland Law Review
No abstract provided.
Popular Institutions
Popular Authors
Steven Schooner
George Washington University Law School
Daniel Gordon
George Washington University Law School
Michael Holt
Georgetown University Law Center
Gregory Klass
Georgetown University Law Center
Terrence Caldwell
Claremont Colleges
Jessica Tillipman
George Washington University Law School
James Rogers
Boston College Law School
Benedict Sheehy
BLR
Zev Eigen
Northwestern University School of Law
Christopher Yukins
George Washington University Law School
Based on downloads this month
Popular Articles
Fundamentos Del Derecho Procesal Civil
Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt
Termination For Default And For Convenience Of The Government
The Disputes Procedure Under Government Contracts: The Role Of The Appeals Boards And The Courts
An Overview And Comparative Analysis Of The Collective Bargaining Agreements In The Nba, Nfl, And Mlb, Terrence Caldwell
Restitution For Wrongs And The Restatement (Third) Of The Law Of Restitution, James Rogers
Bid Protests: The Costs Are Real, But The Benefits Outweigh Them, Daniel Gordon
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict Sheehy
Government Procurement Law Perspectives: Winter 2013
Implied-In-Fact Contracts Under The Federal Acquisition Regulation: Why Pacord Got It Wrong
Based on downloads this month