Government Contracts Commons^™

Beyond Transparency: Rethinking Election Reform From An Open Government Perspective, Michael Halberstam

Seattle University Law Review

During the past decade, “transparency” has become a focus of democratic governance. Open government and right-to-know regimes have been around at least since the 1970s. They include measures like open meeting laws, campaign finance disclosure, lobbying registration, and freedom of information laws. But the Open Government projects— variously referred to as e-democracy, Open Data, or Government 2.0— have evolved into something new and different. They view transparency not primarily as a right to know, but as a condition for a more efficient, intelligent, and cooperative form of democratic government. This Article considers how various election reform projects fit with the …

A Bridge To Nowhere: Exposing Competition And Pricing Regulations That Lead To Mismanagement And Waste In Government Contracting, Jim R. Moye

Villanova Law Review (1956 - )

No abstract provided.

Qualified Immunity: Discretionary Function, Extraordinary Circumstances, And Other Nuances, Karen M. Blum

Touro Law Review

No abstract provided.

Contract Theory And The Failures Of Public-Private Contracting, Wendy Netter Epstein

Cardozo Law Review

The market for public-private contracting is huge and flawed. Privatization proponents predict that privatizing will both cut costs and improve service quality. But public-private contracts for services such as prisons and welfare administration tend to result in cost savings at the sacrifice of quality service. For instance, to cut costs, private prisons skimp on security. Public law scholars have studied these problems for decades and have proposed various public law solutions. But the literature is incomplete because it does not approach the problem through a commercial lens. This Article fills that gap by applying contract-theory principles to public-private contracting.

It …

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.

Book Review: Government Contracts Under The Federal Acquisition Regulation, Robert C. Gusman

Pepperdine Law Review

No abstract provided.

Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt

Georgetown Law Faculty Publications and Other Works

The False Claims Act prohibits fraud by government contractors, including a contractor's false certification of compliance with the contract, statutes or regulations. In the early 1990s, some courts began holding that the act of requesting payment from the government implicitly represents such compliance for the purposes the FCA. Circuits are today split on the implied certification doctrine. This Article provides a theory of implied certification, suggests how the circuit split should be resolved and describes how contracting agencies should write contracts in light of the existing rule. There are good reasons for the implied certification rule: it is an information-forcing …

Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford

Cardozo 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

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 gas …

A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker

Catholic University Law Review

No abstract provided.

The Vesting, Modification, And Financing Of Public Retiree Health Benefits In Light Of New Accounting Rules, 41 J. Marshall L. Rev. 1147 (2008), John Sanchez

UIC Law Review

No abstract provided.

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.

When Second Comes First: Correcting Patent’S Poor Secondary Incentives Through An Optional Patent Purchase System, Jordan Barry

ExpressO

As research has advanced, technologies have become more closely knit, and the relationships between them—both complementary and competitive—have become increasingly important. Unfortunately, the patent system’s use of monopoly power to reward innovators creates inefficient results by overly encouraging the development of substitute technologies and discouraging the development of complementary technologies. This paper explains how an optional patent purchase system could help ameliorate such problems and discusses the implications of such a system.

Casenote: The Emerald Casino Fiasco, 40 J. Marshall L. Rev. 1305 (2007), Cory Aronovitz, Jon Topolewski

UIC Law Review

No abstract provided.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Review Essay: Radicals In Robes , Dru Stevenson

ExpressO

This essay reviews and critiques Cass Sunstein’s new book entitled Radicals in Robes. After a discussion of Sunstein’s (somewhat misleading) rhetorical nomenclature, this essay argues that Sunstein’s proposed “minimalist” methodology in constitutional jurisprudence is beneficial, but not for the reasons Sunstein suggests. Sunstein alternatively justifies judicial restraint or incrementalism on epistemological self-doubt (cautiousness being an outgrowth of uncertainty) and his fear that accomplishments by Progressives in the last century will be undone by conservative judges in the present. Constitutional incrementalism is more convincingly justified on classical economic grounds. While affirming Sunstein’s overall thesis, this essay offers an alternative rationale for …

Valuation In The Cost-Benefit Analysis: Choosing Between Offer Prices And Asking Prices As The Appropriate Measure Of Willingness To Pay, 39 J. Marshall L. Rev. 429 (2006), Gregory Crespi

UIC Law Review

No abstract provided.

In The Service Of Secrets: The U.S. Supreme Court Revisits Totten, 39 J. Marshall L. Rev. 475 (2006), Douglas Kash, Matthew Indrisano

UIC Law Review

No abstract provided.

Bahnken V. New York City Fire Department, Bryanne Kelleher

NYLS Law Review

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

Congressional staff tour held August 11-16, 2003

Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour

Contents:

MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call …

Contractors' State License Board, Karla Dawn Bell, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Sapna Iyer, Rebecca A. Richards, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Western Water Development: Visions Of The Future, Bennett W. Raley

Dams: Water and Power in the New West (Summer Conference, June 2-4)

14 pages.

Greener And More Equitable: A Vision For Dams And Other Western Water Issues, Bruce C. Driver

Dams: Water and Power in the New West (Summer Conference, June 2-4)

10 pages.

Contains 1 page of references.

The Future Of Western Water Developments, John Keys

Dams: Water and Power in the New West (Summer Conference, June 2-4)

9 pages.

Divestment Of Federal Water Projects, A. Jack Garner

Dams: Water and Power in the New West (Summer Conference, June 2-4)

21 pages.

Contains references.

River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock

Dams: Water and Power in the New West (Summer Conference, June 2-4)

12 pages.

Contains references.

Agenda: Dams: Water And Power In The New West, University Of Colorado Boulder. Natural Resources Law Center

Dams: Water and Power in the New West (Summer Conference, June 2-4)

Conference organizers and/or speakers included University of Colorado School of Law professors David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Elizabeth Ann (Betsy) Rieke, Charles F. Wilkinson and Lawrence J. MacDonnell.

The keynote address by Charles F. Wilkinson is titled Coming to Grips with Growth in the West: Traditional Communities, Free Rivers and the New Megalopoli, and it will be held on Monday, June 2, at 12:30 p.m. in the Lindsley Memorial Courtroom of the law school. Wilkinson is a noted law professor, writer and authority on Western issues.

The conference will begin by providing historical context for the …