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Tax Increment Financing In Maine, Michael G. Walker 2018 University of Maine School of Law

Tax Increment Financing In Maine, Michael G. Walker

Maine Law Review

Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining ...


Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones 2018 Northwestern University School of Law

Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones

Northwestern University Law Review

Few institutions have done more to improve working conditions for the middle class than labor unions. Their efforts, of course, cost money. To fund union activities, thousands of collective bargaining agreements across the nation have long included provisions permitting employers to require employees to pay “fair share” or “agency” fees. In public unions—when the employer is the government—this arrangement creates tension between two important values: the First Amendment’s protection against compelled expression and the collective benefits of worker representation. When confronted with this tension forty years ago in Abood v. Detroit Board of Education, the Supreme Court ...


Does Government Contracting Have A Remedies Problem? A Response To Eric M. Singer, Competitive Public Contracts, Steven W. Feldman 2017 University of Nevada, Las Vegas -- William S. Boyd School of Law

Does Government Contracting Have A Remedies Problem? A Response To Eric M. Singer, Competitive Public Contracts, Steven W. Feldman

Nevada Law Journal Forum

In his provocative article, Competitive Public Contracts, Eric M. Singer claims that deficient contractor performance is inherent in government contracting. Singer asserts that, “fundamentally,” public purchasing has a “contract-remedies problem”—the absence of both any “credible threat” and any “effective contract remedy to deter or correct [contractor] misbehavior.” Unlike private buyers, who have plausible threats to motivate contractors to perform properly, governments are said to “often” labor under intrinsic and extrinsic limitations that undermine remedial alternatives. Consequently, Singer argues that governments (especially state and local agencies) have no “effective contract remedy” to induce improved contractor performance. Among these “ineffective” remedies ...


Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell 2017 University of California, Berkeley, School of Law

Misconstruing Whistleblower Immunity Under The Defend Trade Secrets Act, Peter S. Menell

Peter Menell

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 ...


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan 2017 University of Michigan Law School

Protecting Whistleblowing (And Not Just Whistleblowers), Evan J. Ballan

Michigan Law Review

When the government contracts with private parties, the risk of fraud runs high. Fraud against the government hurts everyone: taxpayer money is wasted on inferior or nonexistent products and services, and the public bears the burdens attendant to those inadequate goods. To combat fraud, Congress has developed several statutory frameworks to encourage whistleblowers to come forward and report wrongdoing in exchange for a monetary reward. The federal False Claims Act allows whistleblowers to file an action in federal court on behalf of the United States, and to share in any recovery. Under the Dodd- Frank Act, the SEC Office of ...


The Diversity Rationale For Affirmative Action In Military Contracting, Hugh B. McClean 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), Hunter Davidson 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, Peter S. Menell 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, Thomas W. Reilly 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, Kenneth Klein 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, Ashley Clark 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, Michael M. Berger 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.


The Rise Of The Drones: Framework And Governance— Why Risk It!, Sarah J. Fox Dr 2017 Coventry University

The Rise Of The Drones: Framework And Governance— Why Risk It!, Sarah J. Fox Dr

Journal of Air Law and Commerce

Some seventy-one years ago, it was found that drones could play a role within our society. While the military was quick to realize this and develop the technology, it is only recently that the civilian application is being explored en masse. That said, given this prediction and the military direction, legislators find themselves now unprepared for the civilian use and market potential. However, this is not an unprecedented situation; the civil aviation (manned) market has often shown an inability to work together, be prepared, and cooperate. As a consequence, there has been fragmentation and, arguably, casualties associated with such lethargy ...


Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, Benjamin M. Kline 2017 Mitchell Hamline School of Law

Reasonable Interpretation, Unreasonable Results? Howmandated Government Set-Asides For Veteran-Ownedbusinesses Is A Win-Loss Proposition—Kingdomwaretechnologies, Inc. V. United States, Benjamin M. Kline

Mitchell Hamline Law Review

No abstract provided.


New Econometric Evidence On Agricultural Total Factor Productivity Determinants: Impact Of Funding Sources, Wallace Huffman, Robert E. Evenson 2016 Iowa State University

New Econometric Evidence On Agricultural Total Factor Productivity Determinants: Impact Of Funding Sources, Wallace Huffman, Robert E. Evenson

Wallace Huffman

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, Wallace Huffman 2016 Iowa State University

Funding Public Agricultural Research, Wallace Huffman

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, Wallace Huffman, Robert Evenson 2016 Iowa State University

Determinants Of The Demand For State Agricultural Experiment Station Resources: A Demand-System Approach, Wallace Huffman, Robert Evenson

Wallace Huffman

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, 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 ...


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