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Articles 1 - 17 of 17
Full-Text Articles in Government Contracts
Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations, David M. Barnes
Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations, David M. Barnes
Vanderbilt Law Review
Corporate law considers the affairs of a corporation to be private activity. The prevailing concept of the firm is a nexus of private contract rights among participants in an economic enterprise. But for many U.S. auto and financial services corporations, the events of the fall of 2008 and the winter of 2009 turned this presumption on its head. The U.S. government's $700 billion bailout injected an alien actor-the United States Treasury-into this once-private enterprise. The bailout enabled the Treasury to take a direct equity stake in many of the nation's struggling auto and financial services corporations. In the fall of …
Best Practices In Government Acquisition: A Test Of The Government Accountability Office’S Knowledge-Based Acquisition Theory, Dana C. Wyman Ii
Best Practices In Government Acquisition: A Test Of The Government Accountability Office’S Knowledge-Based Acquisition Theory, Dana C. Wyman Ii
Theses and Dissertations
The U.S. Government has looked for effective ways of reducing acquisition cost and schedule overruns for decades. The task of isolating the root cause of these overruns has been difficult. Consequently, it has been difficult for the Government to create effective policies that prevent overruns from recurring. In 1998, the Government Accountability Office (GAO) undertook this problem, and looked to successful DOD and commercial companies for solutions. They found that using mature technology, having complete product designs, and having production processes under control was critical to successfully developing new products. The GAO combined these concepts into a single acquisition practice …
Congress Declares Checkmate: How The Fraud Enforcement And Recovery Act Of 2009 Strengthens The Civil False Claims Act And Counters The Courts, Jeffrey L. Handwerker, Matthew Solomson, Mahnu V. Davar, Kathleen H. Harne
Congress Declares Checkmate: How The Fraud Enforcement And Recovery Act Of 2009 Strengthens The Civil False Claims Act And Counters The Courts, Jeffrey L. Handwerker, Matthew Solomson, Mahnu V. Davar, Kathleen H. Harne
Journal of Business & Technology Law
No abstract provided.
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
The State Secrets Privilege In The Post-9/11 Era, 30 Pace L. Rev. 778 (2010), Steven D. Schwinn
UIC Law Open Access Faculty Scholarship
No abstract provided.
Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh
Saying What They Mean: The False Claims Act Amendments In The Wake Of Allison Engine, Jeremy E. Gersh
Journal of Business & Technology Law
No abstract provided.
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
Richmond Public Interest Law Review
This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy, the …
Square Peg In A Round Hole: Government Contractor Battlefield Tort Liability And The Political Question Doctrine, Chris Jenks
Square Peg In A Round Hole: Government Contractor Battlefield Tort Liability And The Political Question Doctrine, Chris Jenks
Faculty Journal Articles and Book Chapters
Recent assertions of the political question doctrine by battlefield contractor defendants in tort litigation have brought new life to the doctrine while raising new questions. The lawsuits stem from incidents in both Iraq and Afghanistan and include plaintiffs ranging from local nationals suing contract interrogators and interpreters, to contract employees suing another contractor following insurgent attacks, to U.S. service members suing contractors after vehicle and airplane crashes. The lawsuits involve tort claims, which on their face do not conjure up images of a constitutional power struggle, but in at least fifteen cases thus far contractor defendants have asserted the political …
Hiring Law Professors: Breaking The Back Of An American Plutocratic Oligarchy, Daniel I. Gordon
Hiring Law Professors: Breaking The Back Of An American Plutocratic Oligarchy, Daniel I. Gordon
GW Law Faculty Publications & Other Works
Law students and the consumers of legal services like to think that professors are hired by law schools on the basis of pure intellectual ability and achievement. No doubt, individual intellectual ability and achievement play significant roles in law school faculty hiring. However, another important dynamic is overlooked, wealth.
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
There Is Always A Better Way: Proposed Legislative Improvements For The Federal Procurement System, Jim Moye
Richmond Journal of Law and the Public Interest
This Article examines whether legislative and policy changes in the federal procurement system will result in major financial and integrity changes. Note that while government procurement activities undertaken by individual states are a substantive part of the Nation's economy, this Article is restricted to federal procurement law and policy. Part I discusses Title 41 of the United States Code, which provides the statutory authority for all federal procurement activities. Part I also briefly covers the supporting regulations known as the Federal Acquisition Rules ("FAR"). Part II examines the roles, membership and obligations of the Office of Federal Procurement Policy, the …
Emerging Policy And Practice Issues (2010), Steven L. Schooner, David J. Berteau
Emerging Policy And Practice Issues (2010), Steven L. Schooner, David J. Berteau
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2010), attempts to identify the key trends and issues for 2011 in U.S. federal procurement. The paper, among other things, focuses on the intense activity that emanated from the Defense Department, primarily through USD(AT&L) Ashton Carter’s Efficiency and Productivity Initiative; summarizes empirical evidence that the federal procurement spending growth cycle finally has run its course; offers a window into the concentration of spending amongst the largest contracting agencies and government contractors; points out that, despite all of the attention focused upon government contracting, over the last decade …
A Versatile Prism: Assessing Procurement Law Through The Principal-Agent Model, Christopher R. Yukins
A Versatile Prism: Assessing Procurement Law Through The Principal-Agent Model, Christopher R. Yukins
GW Law Faculty Publications & Other Works
Over the past several decades, the federal procurement system in the United States has grown remarkably, and now totals over $500 billion annually.
Over that same period, the rules governing federal procurement have been buffeted by broad efforts at reform. At no point, however, have we ever had an overarching theory - a model or prism - through which to assess the procurement system or its reform. Agency theory provides one such theoretical model. Long established in economics and the other social sciences, the principal-agent model (agency theory) provides a model to explain successes (and failures) in organizational structures, and …
Saving America's Automobile Industry: The Bailouts Of 1979 And 2009, An Overview Of The Economic Conditions, Factors For Failure, Government Interventions And Public Reactions, Taylor A. Wall
CMC Senior Theses
This paper will discuss the bankruptcies experienced by U.S. automakers in both 1979 and 2009. The main factors which led the automakers into financial ruin was the uncontrolled power of labor unions, the severe financial impact of oil embargos, the aggressive imposition of federal regulations and the increasing dominance of Japanese imports. After discussing these important factors, the paper will describe the specifics of Chrysler’s bailout experience in 1979 with the positive public acceptance of the government loans, largely due to the character of Lee Iacocca. After delving into Chrysler, this paper will explain the specifics of the government’s bailout …
An Overview And Comparative Analysis Of The Collective Bargaining Agreements In The Nba, Nfl, And Mlb, Terrence Caldwell
An Overview And Comparative Analysis Of The Collective Bargaining Agreements In The Nba, Nfl, And Mlb, Terrence Caldwell
CMC Senior Theses
A historical overview of the collective bargaining process in the three major American sports, and a comparative analysis of the current collective bargaining agreements.
Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda
Introduction To Essays On The Future Of Digital Communications, Fernando Laguarda
Scholarly Articles in Law Reviews & Journals
INTRODUCTION: The Time Warner Cable Research Program on Digital Communications is pleased to have supported the five essays in this Federal Communications Law Journal symposium. We launched the research program with the goal of encouraging debate and discussion on ideas of importance to the future of our industry and its role in the communities we serve. We hope to do so by providing a new forum for scholars to engage with the community of stakeholders who make and influence policy. We want to encourage increased dialogue and generate new ideas that bring us closer to solving the challenges we face. …
Emerging Policy And Practice Issues (2009), Steven L. Schooner, David J. Berteau
Emerging Policy And Practice Issues (2009), Steven L. Schooner, David J. Berteau
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2009), attempts to identify the key trends and issues for 2010 in U.S. federal procurement. In large part, the paper focuses upon the challenges inherited by the Obama administration and its efforts during its first year in office. Among other things, the paper suggests that the administration charted a course of what it perceived as bold action – most dramatically, touting "savings" and accountability, while permitting special interests to distract focus from value for money and customer satisfaction. Accordingly, at least to date, the Obama administration's procurement …
Federal Contracting And Acquisition: Progress, Challenges, And The Road Ahead, Steven L. Schooner
Federal Contracting And Acquisition: Progress, Challenges, And The Road Ahead, Steven L. Schooner
GW Law Faculty Publications & Other Works
This brief paper discusses the Obama administration's public procurement agenda, major trends that influence the acquisition regime (that now encompasses $500B annually), and significant challenges the administration faces in improving the value it receives for the money it spends. It concludes with a group of research questions suggested by participants at the November IBM forum on Framing a Public Management Research Agenda.
Contractors And The Ultimate Sacrifice, Steven L. Schooner
Contractors And The Ultimate Sacrifice, Steven L. Schooner
GW Law Faculty Publications & Other Works
This brief article quantifies how, in Iraq and Afghanistan, contractor personnel increasingly have made the ultimate sacrifice alongside, or in lieu of, service members. The enormity of the contractor sacrifice gives pause - more than 2,000 contractors have been killed in Iraq and Afghanistan. But what is more striking is that contractors are bearing an increasing proportion of the annual death toll. In the first half of 2010, more contractors died in Iraq and Afghanistan supporting the war effort than members of the U.S. military waging these wars.