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Articles 31 - 40 of 40
Full-Text Articles in Government Contracts
Legal Aspects Of Renegotiation, Charles W. Steadman
Legal Aspects Of Renegotiation, Charles W. Steadman
Michigan Law Review
The Renegotiation Act which became effective April 28, 1942, was designed to eliminate and remove exorbitant profits from war contracts. No other recent statute has been the subject of so much controversy and misunderstanding. Since the beginning of renegotiation of contracts in the late summer and early fall of 1942, policies have been crystalizing and many interpretations of the act have been made, but many more questions as to its meaning must still be answered.
Renegotiation Of War Contracts, Charles W. Steadman
Renegotiation Of War Contracts, Charles W. Steadman
Michigan Law Review
The limitation of war profits to fair and reasonable levels and the purchase of war goods at fair prices are essential to the successful prosecution of the war. These problems come as a part of war and must be solved just as surely as tactical problems in battle. Exorbitant profits and prices spell defeat to any nation, for they point the way to inflation and economic collapse. In modern war the difference between defeat and victory lies ultimately in the economic strength of the countries involved. The lessons of history have shown us that no nation can achieve and maintain …
Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster
Constitutional Law - Constitutionality Of State Sales Tax On Defense Materials Purchased Under A Cost-Plus-A-Fixed-Fee Contract With The Federal Government, Lloyd M. Forster
Michigan Law Review
X had a cost-plus-a-fixed-fee contract with the federal government, under which the government reserved the right to pay directly for purchases made by X pursuant to contract to give prior authorization for each purchase over $500, to inspect and acquire title to materials delivered under such contract, and to furnish materials itself. X ordered lumber from plaintiff, who contested the constitutionality of an Alabama sales tax levied on this sale, contending that the tax was levied on a transaction by which the United States secured goods for governmental purposes. Held, the tax should be sustained, since X, and …
United States - Government Corporations - Immunity From Suit, John H. Uhl
United States - Government Corporations - Immunity From Suit, John H. Uhl
Michigan Law Review
The Emergency Relief and Construction Act, passed by Congress in 1932, authorized the Reconstruction Finance Corporation to create regional agricultural corporations, but did not expressly provide that such corporations might sue and be sued. However, Congress had made express provision to this effect with respect to the R. F. C. itself. The Regional Agricultural Credit Corporation of Sioux City, Iowa, was chartered by the R. F. C. in accordance with the statute. The plaintiff brought this action to recover damages for injuries to livestock alleged to have resulted from the negligence of the Regional Corporation in not providing proper care …
Taxation - Income Tax - Deductions - Ordinary And Necessary Business Expenses - Commissions Paid To Senator For Securing Public Contracts, Ralph E. Helper
Taxation - Income Tax - Deductions - Ordinary And Necessary Business Expenses - Commissions Paid To Senator For Securing Public Contracts, Ralph E. Helper
Michigan Law Review
Taxpayer, a gravel company, employed as salesman a state senator, who obtained several contracts with the State Highway Commission of Louisiana. The Board, of Tax Appeals disallowed deductions for the commissions paid therefor, on the ground that the payments were for using personal influence with a governmental department, pursuant to a contract which is contrary to public policy. Held, in absence of evidence that the state senator agreed to or attempted to use any personal or political influence, the commissions paid to him are deductible business expenses. Alexandria Gravel Go., Inc. v. Commissioner of Internal Revenue, (C. C. …
Municipal Corporations - Liability For Misrepresentation, Arthur A. Greene Jr.
Municipal Corporations - Liability For Misrepresentation, Arthur A. Greene Jr.
Michigan Law Review
The plaintiff contracted with the defendant to construct a sewer 8,553 feet in length. The specifications supplied by the county engineer indicated that the construction could be carried on under "free air conditions." In fact, the plaintiff was forced to use compressed air for 6,142 feet. The contract stipulated that the county would pay $30 additional per foot where the plaintiff found it more convenient to use compressed air, not to exceed 600 feet. The use of compressed air increased the cost of construction to the plaintiff to the extent of $497,521.25. Held, that the county was liable for …
Contracts With The United States, Grover C. Grismore
Contracts With The United States, Grover C. Grismore
Michigan Law Review
It has been settled since a comparatively early day in the history of our government that "the United States being a body politic, may, within the sphere of the constitutional powers confided to it, and through the instrumentality of the proper department to which those powers are confided, enter into contracts not prohibited by law, and appropriate to the just exercise of those powers." While this proposition became established without much of a struggle, it has not been so freely admitted that such contracts are to be given the same construction and effect as the contracts of individuals. In Smoot's …
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Quasi-Contractual Obligations Of Municipal Corporations, Jerome C. Knowlton
Articles
We have constructive fraud, constructive trusts, constructive notice, and why not constructive contract, a contractual obligation existing in contemplation of law, in the absence of any agreement express or implied from facts? With this apology we shall use the term quasi contract as covering an obligation created by law and enforceable by an action ex contractu. We are not for the present interested in the circumstances which may give rise to this obligation as between individuals; nor as between an individual and a private corporation, or quasi public corporation, so-called, as a railroad or other public utility. In these cases …
Freedom Of Contract, Jerome C. Knowlton
Freedom Of Contract, Jerome C. Knowlton
Articles
The liberty mentioned in the Fourteenth Amendment of the Federal Constitution "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
A National Incorporation Law; The Northern Securities Case; Controversies Between States; Liability of Members of Congress for Bribery; Exempting of Lawyers from Service of Civil Process While Attending Court; Law Governing the Validity of a Note Executed and Delivered in One State, But Payable in Another