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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.


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.


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.


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 ...


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.


"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.


Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp Nov 2010

Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp

American University Law Review

This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing ...


Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin Oct 2010

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account ...


2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery Apr 2010

2009 Government Contract Law Decisions Of The Federal Circuit, Daniel P. Graham, Jon Burd, Tracye Winfrey Howard, Brian Walsh, W. Barron A. Avery

American University Law Review

No abstract provided.


Improving The Rolling Contract, Stephen E. Friedman Jan 2006

Improving The Rolling Contract, Stephen E. Friedman

American University Law Review

This article addresses the increasingly common problem of buyers finding important contract terms inside the box of a newly purchased item instead of learning about them before or during purchase. The failure of courts to develop a satisfactory approach to deciding which contact terms sellers may provide after purchase is of great significance in light of the rapid proliferation of rolling contracts. In this article, Friedman proposes a mechanism that will ensure that sellers have the flexibility to defer presentation of some terms but that will also protect purchasers against the unfair imposition of unexpected and important terms arriving at ...


Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren Jan 2005

Textual Harassment: A New Historicist Reappraisal Of The Parol Evendence Rule With Gender In Mind, Hila Keren

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush Jan 1999

Caught Between Scylla And Charybdis: Law & Economics As A Useful Tool For Feminist Legal Theorists , Darren Bush

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts' Declaratory Judgments--1900-1997 , Willy E. Rice Jun 1998

Insurance Contracts And Judicial Discord Over Whether Liability Insurers Must Defend Insureds' Allegedly Intentional And Immoral Conduct: A Historical And Empirical Review Of Federal And State Courts' Declaratory Judgments--1900-1997 , Willy E. Rice

American University Law Review

No abstract provided.