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Feature Comment: Considering The Effects Of Public Procurement Regulations On Competitive Markets, Christopher R. Yukins, Jose A. Cora Jan 2013

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 one end of …


The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman Jan 2011

The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman

GW Law Faculty Publications & Other Works

As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor’s business, they are naturally at greater risk of violating the FCPA than those companies that do not interact with Government officials on a regular basis.

This article begins by providing an overview of the FCPA and a review of recent FCPA enforcement trends, and then considers the collateral consequences of a violation of the FCPA by Government contractors. In addition to fines, penalties, and …


Problems In Human Rights And Large Dams, Dinah L. Shelton, Donald K. Anton Jan 2011

Problems In Human Rights And Large Dams, Dinah L. Shelton, Donald K. Anton

GW Law Faculty Publications & Other Works

This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. Among large infrastructure projects, damming rivers to provide hydroelectric power have been the source of considerable conflict between governments and the people who are affected by such projects, especially those forced to relocate. In many instances dams are built in pristine natural areas, destroying or degrading nature reserves, indigenous lands and/or archaeological sites. Increasing opposition to large dams has resulted in national and international litigation, as well as substantial changes in …


Trans-Parliamentary Associations In Global Functional Agencies, Steve Charnovitz Jan 2002

Trans-Parliamentary Associations In Global Functional Agencies, Steve Charnovitz

GW Law Faculty Publications & Other Works

This article examines a new phenomenon, transparliamentary activism that focuses on particular international issues or international organizations. For example, the Parliamentary Conference on the World Bank. Such parliamentary organizing has a political significance beyond the usual transnational NGO activities because parliamentarians are elected officials. The transparliamentary activism discussed here differs from the traditional interparliamentary association going back over a hundred years. The article discusses the recent developments in the World Trade Organization and the World Bank.