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Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano Jan 2020

Year In Review: The Federal Circuit's 2019 Government Contract Law Decisions, Nathaniel E. Castellano

American University Law Review

No abstract provided.


Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice Jan 2020

Why Choose Ltas? An Empirical Study Of Ohio Manufacturers’ Contractual Choices Through A Bargaining Lens, Juliet P. Kostritsky, Jessica Ice

American University Business Law Review

This Article contributes to recent scholarship regarding Long Term Agreements (“LTAs”) by providing empirical evidence that suppliers are more likely to undertake the costs of an LTA if the transaction requires significant capital expenditures or the potential for large sunk costs. Through a survey of a random group of sixty-three Ohio manufacturers, the Article explores why manufacturers with a full range of contractual and non-contractual solutions might choose one set of arrangements over others.1 It then seeks to link its findings to a broader theory of how parties bargain to solve durable problems under conditions of uncertainty, sunk costs ...


The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers Jan 2020

The Modernization Of Government Contract Appeals And The Federal Circuit, Jeri Kaylene Somers

American University Law Review

No abstract provided.


Stay In The Fight With Civility And Professionalism, David Spratt Jan 2020

Stay In The Fight With Civility And Professionalism, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor Jan 2019

Dillon's Rule: A Check On Sheriff's Authority To Enter 287(G) Agreements, Gregory Taylor

American University Law Review

No abstract provided.


Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz Jan 2019

Keynote Address: Modern Supply Chains And Outmoded Contract Law, Alan Schwartz

American University Law Review

No abstract provided.


Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush Jan 2019

Contracting For Human Rights: Looking To Version 2.0 Of The Aba Model Contract Clauses, Sarah Dadush

American University Law Review

No abstract provided.


A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky Jan 2019

A Bargaining Dynamic Transaction Cost Approach To Understanding Framework Contracts, Juliet P. Kostritsky

American University Law Review

No abstract provided.


Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson Jan 2019

Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson

American University Law Review

No abstract provided.


Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin Jan 2019

Private Law Remedies, Human Rights, And Supply Contracts, Jennifer S. Martin

American University Law Review

No abstract provided.


The New Social Contracts In International Supply Chains, David Snyder Jan 2019

The New Social Contracts In International Supply Chains, David Snyder

American University Law Review

No abstract provided.


American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar Jan 2019

American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar

American University Business Law Review

No abstract provided.


2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham Jan 2019

2018 Government Contract Law Decisions Of The Federal Circuit, Collin Swan, Victor Pham

American University Law Review

No abstract provided.


Contracts Are Like Snowflakes, David Spratt Jan 2019

Contracts Are Like Snowflakes, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The New Social Contracts In International Supply Chains, David Snyder Jan 2019

The New Social Contracts In International Supply Chains, David Snyder

Articles in Law Reviews & Other Academic Journals

This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are ...


Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk Jan 2018

Federal Circuit Jurisdiction: Looking Back And Thinking Forward, Timothy B. Dyk

American University Law Review

No abstract provided.


2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon Jan 2018

2017 Government Contract Law Decisions Of The Federal Circuit, Dennis J. Callahan, Lauren B. Kramer, Lucas T. Hanback, Stephen L. Bacon

American University Law Review

No abstract provided.


Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier Jan 2018

Interpreting Contracts Without Context, John Coyle, W. Mark C. Weidemaier

American University Law Review

No abstract provided.


Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton Jan 2018

Antitrust Enforcement Against Platform Mfns, Jonathan Baker, Fiona M. Scott Morton

Articles in Law Reviews & Other Academic Journals

Antitrust enforcement against anticompetitive platform most favored nations (MFN) provisions (also termed pricing parity provisions) can help protect competition in online markets. An online platform imposes a platform MFN when it requires that providers using its platform not offer their products or services at a lower price on other platforms. These contractual provisions may be employed by online platforms offering hotel and transportation bookings, consumer goods, digital goods, and handmade craft products. They have been the subject of antitrust enforcement in Europe but have drawn only limited antitrust scrutiny in the U.S. Our paper explains why MFNs employed by ...


Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour Jan 2017

Combating Impunity: Contractor Liability For Torture During Times Of War Under The Wartime Suspension Of Limitations Act, Claire Jabbour

American University Business Law Review

No abstract provided.


Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan Jan 2017

Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan

American University Law Review

It sold for $15 million, and the IRS treated it as worthless. Avery Fisher, a titan of industry and a lover of classical music, made a generous contribution to renovate a charity's building, and in exchange the charity agreed to name the building after Fisher in perpetuity. Forty years later, the Fisher family sold the naming rights back to the charity for $15 million in cash. The IRS treats these publicity rights as worthless when charities grant them, and this generates substantial tax benefits for the donor and the donor's family. In contrast, the common law can treat ...


If You've Seen One, You Have Not Seen Them All, David Spratt Jan 2017

If You've Seen One, You Have Not Seen Them All, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu Jan 2016

2015 Survey Of Government Contract Cases Before The Federal Circuit, Kathleen Hsu

American University Law Review

No abstract provided.


The Federal Circuit's 2014 Government Contract Decisions, Kyle R. Jefcoat Jan 2015

The Federal Circuit's 2014 Government Contract Decisions, Kyle R. Jefcoat

American University Law Review

No abstract provided.


To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney Jan 2014

To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney

American University Business Law Review

No abstract provided.


The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules Jan 2014

The Contractualization Of Family Law In The United States, Fernanda Nicola, Adrienne Hunter Jules

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Competitive Consequences Of Most-Favored-Nation Provisions, Jonathan Baker, Judith A. Chevalier Jan 2013

The Competitive Consequences Of Most-Favored-Nation Provisions, Jonathan Baker, Judith A. Chevalier

Articles in Law Reviews & Other Academic Journals

"Most Favored Nation" contractual provisions have come under scrutiny in recent years by antitrust authorities in both the US and EU. MFNs are a type of vertical agreement between suppliers and buyers. The literature has recognized that there may be efficiency rationales for these arrangements but the literature has also recognized that these arrangements have anticompetitive potential. In this paper, we distill the economics literature on MFNs to explore both possibilities.


"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler Jun 2011

"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler

Legislation and Policy Brief

Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse ...


Website Design As Contract, Woodrow Hartzog Jan 2011

Website Design As Contract, Woodrow Hartzog

American University Law Review

No abstract provided.


The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers Jan 2011

The Board Of Contract Appeals: A Historical Perspective, The Honorable Jeri Kaylene Somers

American University Law Review

No abstract provided.