Government Contracts | Open Access Articles | Digital Commons Network™

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.

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Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.

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Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan

Jurnal Hukum & Pembangunan

One of the most common aspects in the development of the freedom of contract principle is the use of a clause limiting liability based on Article 1249 of the Indonesian Civil Code. In practice, the application of such clause is often times not in line with other principles under Indonesian contract law such as the principles of balanced, morals, and decency that are also inseparable from Indonesian contract law principles. This issue becomes even more apparent in cases where a breach of contract is done deliberately and/or grounded on bad faith of one of the parties that has calculated that …

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Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

No abstract provided.

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Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele

Brooklyn Journal of Corporate, Financial & Commercial Law

Offshore drilling accounts for billions of dollars in tax revenue every year. It is a pillar of the energy industry and is crucial to the economy. A recent flurry of deregulation, accelerating with the arrival of the Trump administration, highlights the tremendous impact politics has upon the profitability of this sector. The Secretary of the Interior, under the direction of the President, wields the power to regulate and make determinations into where, when, and how private companies can drill offshore. These private companies have contracts with the government for the opportunity to produce and develop oil or gas on the …

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Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan

Texas A&M Law Review

The administrative state has emerged as a pervasive machine that has become the dominate generator of legal rules—despite the fact that the U.S. Constitution commits the legislative power to Congress alone. When examining legislation authorizing administrative agencies to promulgate rules, we are often left asking whether Congress “dele- gates” away its lawmaking authority by giving agencies too much power and discretion to decide what rules should be promulgated and to determine how rich to make their content. If the agencies get broad authority, it is not too hard to understand why they would fulsomely embrace the grant to its fullest. …

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Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

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Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

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Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action, Jon Schoenwetter

Minnesota Journal of Law & Inequality

No abstract provided.

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Private Government And The Transparency Deficit, Alfred C. Aman, Landyn W. Rookard

Articles by Maurer Faculty

Modern government is comprised of a complex admixture of public and private actors. From the provision of public services, to growing movements to sell off national parks, to the very task of legislating, the public is unlikely to encounter an area of government that is untouched by privatization. But public transparency mechanisms, including the seminal Freedom of Information Act (FOIA), rely upon an outdated, rigid conception of the private-public dichotomy. They fail to provide the public with any meaningful access to what we call the “private government,” which includes the private actors who bear an increasing responsibility for performing governmental …

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A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien

Faculty Scholarship

Many scholars and others have, for some time now, been calling attention to the alarming growth in post-employment and other benefits for unionized employees in the public sector. ¹⁷ A fairly well-understood phenomenon is thought to explain the inability of state and local governments to resist outsized demands from their public unions. As ¹⁸ Is and others ¹⁹ have argued, the central problem with public sector unions is that they find it easy to capture their employers (taxpayers) in ways that private sector unions cannot. The role played by often eager and feckless elected officials in this process has also …

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A Case For Open Mission Systems In Dod Aircraft Avionics, Michael J. Brown, R. David Fass, Jonathan D. Ritschel

Faculty Publications

The DOD is adopting open mission systems (OMS) as the future in the military aviation environment. OMS proponents promise reduced costs and truncated schedules through increased competition in the marketplace and reduced coding efforts. To the best of our knowledge, no studies have examined the success of these open architectures in the DOD. Therefore, we investigate costs and schedule for a recent DOD avionics OMS demonstration platform in comparison to 13 historically analogous programs.

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Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar

Journal of Legislation

No abstract provided.

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Evaluating Annual Fixed Wing Maintenance Costs, Kirsten Bunecke, Edward D. White, Jonathan D. Ritschel, Brett A. Bush

Faculty Publications

This article serves two purposes: first, to empirically model the annual percentage increase of operations and support (O&S) costs for fixed wing aircraft; and second, to place into the archival realm another reference for other researchers to consider when investigating other O&S topics. For this study of 21 different airframes grouped together at the Mission- Design Series (MDS), maintenance subcategories 3.1 Consumable Materials and Repair Parts, 3.2 Depot Level Repairables (DLR), and 3.4 Depot Maintenance accounted for an average 91.5% of annual organic maintenance costs. For contractor-maintained MDS, subcategory 3.7, Contractor Logistics Support (CLS) accounted for 96.6% of annual maintenance …

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Text Mining Analysis Of Acquisition Reforms And Expert Views, Amanda L. Mcgowin, Jonathan D. Ritschel, R. David Fass, Bradley C. Boehmke

Faculty Publications

Legislation, in the form of acquisition reforms, is historically enacted to address perceived cost, schedule, and performance problems in the defense acquisition system. Text mining is utilized to examine five major reforms and a compendium of views from 32 acquisition experts to identify commonalities and disconnects.

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Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

None.

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Getting Schooled: The United States Court Of Appeals For The Eleventh Circuit Holds That The Federal Government Need Not Show "Good Cause" Before Settling And Dismissing A Pending Qui Tam Action Against College, Laura Leigh Fox

Mercer Law Review

In United States v. Everglades College, Inc., a case of first impression in the United States Court of Appeals for the Eleventh Circuit, the court interpreted the good cause intervention requirement of § 3730(c)(3) of Title 31 of the United States Code (U.S.C.). The court was asked to determine whether the United States needed to show "good cause" for intervening in a qui tam action brought by two private individuals under the False Claims Act (FCA). The government, after originally declining to proceed with the FCA action itself, eventually decided to "intervene" while the action was pending on the …

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The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment, John R. Brooks

Utah Law Review

One of the most important—but least discussed—legislative and regulatory accomplishments of the Obama administration was the reform and expansion of income-driven repayment (“IDR”) for federal student loans. By 2016, anyone with a federal student loan—old or new—could choose to cap their monthly student loan payments to 10 percent of their discretionary income (after a large exemption) and have any unpaid balances forgiven after a minimum of ten, twenty, or twenty-five years of repayment, depending on the plan. IDR has the potential to effect a massive change in how the United States pays for higher education. At its core, the promise …

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Implementing Restorative Justice Programs In The Cal Poly Community, Bryce R. Fauble Iii

Liberal Arts and Engineering Studies

This paper is the result of a year-long senior project for the Liberal Arts and Engineering program at California Polytechnic State University. This paper attempts to educate the reader on what Restorative Justice is, why it faces challenges in the United States, and how it has been implemented, both in the United States and outside of it. In addition, this paper describes my own experience with implementing Restorative Justice Programs with both the city of San Luis Obispo and California Polytechnic State University. This experience includes the challenges that I faced along the way, and how these challenges are indicative …

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The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

Mongolia, land-locked between two politically, economically, and militarily powerful nations — Russia and China — often must balance its foreign and security policies with its two neighbors and countries beyond. When discussing Mongolia’s foreign policy and security apparatus, historians and scholars look at the international relations of East Asia as a whole. This is the case not because Mongolia’s foreign policy is insignificant but because greater powers impose greater influence on smaller states. Mongolia’s partial involvement in World War II (WWII), and the Cold War introduced new challenges as well as opportunities for Mongolia to modernize its foreign policy principles …

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A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.

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China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …

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The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

Dissertations, Theses, and Capstone Projects

Autonomous vehicle technology is poised to revolutionize transit around the world. There are currently tens of private companies either testing or building autonomous vehicles, including industry juggernauts like Ford and Google. This new mode of transportation falls into a regulatory grey area. Once cars reach full autonomy, governments will have to decide what entities will regulate them, where they will be allowed to drive, who will be responsible for them and a host of other issues. In some municipalities like San Francisco and Phoenix, autonomous vehicles (AVs) are being tested on public streets in real life conditions. Meanwhile, in 2017, …

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Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …

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Likelihood And Cost Impact Of Engineering Change Requirements For Dod Contracts, James C. Ellis, Edward D. White, Jonathan D. Ritschel, Shawn M. Valentine, Brandon Lucas, Ian S. Cordell

Faculty Publications

Purpose: There appears to be no empirical-based method in the literature for estimating if an engineering change proposal (ECP) will occur or the dollar amount incurred. This paper aims to present an empirically based approach to address this shortfall.
Design/Methodology/Approach: Using the cost assessment data enterprise database, 533 contracts were randomly selected via a stratified sampling plan to build two regression models: one to predict the likelihood of a contract experiencing an ECP and the other to determine the expected median per cent increase in baseline contract cost if an ECP was likely. Both models adopted a stepwise approach. A …

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An Analysis Of The Estimate At Complete For Department Of Defense Contracts, Deborah B. Kim

Theses and Dissertations

When contractors provide timely and reliable information on the status of a contract, both contractors and government program offices can provide an accurate estimate of a contract’s completion costs. This research shows that the cumulative cost performance indices provided by contractors and program offices are high and less accurate than those of previous years and/or that a significant amount of ACWP is being documented in the final portion of a contract. The high performance indices resulted in EACs that were low-balled during the majority of a contract’s life which shows a need to improve the use of EVM metrics for …

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An Analysis Of Major Acquisition Reforms Through Text Mining And Grounded Theory Design, Amanda L. Mcgowin

Theses and Dissertations

Cost growth is an established phenomenon within Defense Acquisition that the US Government has attempted to abolish for decades through seemingly endless cycles of reform. Dozens of experts and senior leaders within the acquisition community have published their notions on the reasons for cost growth, nevertheless, legislation has yet to eradicate this presumed conundrum. For this reason, this research is aimed at identifying existing trends within past major Defense Acquisition Reform legislation, as well as in a compendium of views from leaders within the Defense Acquisition community on the efficacy of acquisition reform, to determine the possible disconnect. To accomplish …

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Campbell-Ewald Co. V. Gomez: Diminishing The Derivative Sovereign Immunity Doctrine And The Social Costs Of Increasing Liability To Government Contractors, W. Logan Lewis

William & Mary Law Review

No abstract provided.

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Tax Increment Financing In Maine, Michael G. Walker

Maine Law Review

Tax Increment Financing ("TIF") is a statutorily authorized mechanism which enables municipalities to earmark the property tax revenue from designated areas to pay for things such as infrastructure improvement. Lately, Maine municipalities have been using TIF to refund tax revenues directly to private developers in an effort to attract new business. This Comment will begin by briefly explaining the development of TIF in the United States and how it has evolved over time. It will then summarize how TIF works in Maine and the criticism and praise it has received throughout its existence. Next, it will look at research examining …

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Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones

Northwestern University Law Review

Few institutions have done more to improve working conditions for the middle class than labor unions. Their efforts, of course, cost money. To fund union activities, thousands of collective bargaining agreements across the nation have long included provisions permitting employers to require employees to pay “fair share” or “agency” fees. In public unions—when the employer is the government—this arrangement creates tension between two important values: the First Amendment’s protection against compelled expression and the collective benefits of worker representation. When confronted with this tension forty years ago in Abood v. Detroit Board of Education, the Supreme Court struck an …

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Full-Text Articles in Government Contracts

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi, Togi M.P. Pangaribuan

Jurnal Hukum & Pembangunan

Contractors’ State License Board, Natasha Pulido, Betsy Gopinath

California Regulatory Law Reporter

Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection, Jordan M. Steele

Brooklyn Journal of Corporate, Financial & Commercial Law

Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress, Donald J. Kochan

Texas A&M Law Review

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action, Jon Schoenwetter

Minnesota Journal of Law & Inequality

Private Government And The Transparency Deficit, Alfred C. Aman, Landyn W. Rookard

Articles by Maurer Faculty

A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector, Maria O'Brien

Faculty Scholarship

A Case For Open Mission Systems In Dod Aircraft Avionics, Michael J. Brown, R. David Fass, Jonathan D. Ritschel

Faculty Publications

Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar

Journal of Legislation

Evaluating Annual Fixed Wing Maintenance Costs, Kirsten Bunecke, Edward D. White, Jonathan D. Ritschel, Brett A. Bush

Faculty Publications

Text Mining Analysis Of Acquisition Reforms And Expert Views, Amanda L. Mcgowin, Jonathan D. Ritschel, R. David Fass, Bradley C. Boehmke

Faculty Publications

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

Getting Schooled: The United States Court Of Appeals For The Eleventh Circuit Holds That The Federal Government Need Not Show "Good Cause" Before Settling And Dismissing A Pending Qui Tam Action Against College, Laura Leigh Fox

Mercer Law Review

The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment, John R. Brooks

Utah Law Review

Implementing Restorative Justice Programs In The Cal Poly Community, Bryce R. Fauble Iii

Liberal Arts and Engineering Studies

The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale, Bolor Lkhaajav

Master's Projects and Capstones

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

The State And Future Of Autonomous Vehicle Regulation In The United States, Nikolay Nyashin

Dissertations, Theses, and Capstone Projects

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Likelihood And Cost Impact Of Engineering Change Requirements For Dod Contracts, James C. Ellis, Edward D. White, Jonathan D. Ritschel, Shawn M. Valentine, Brandon Lucas, Ian S. Cordell

Faculty Publications

An Analysis Of The Estimate At Complete For Department Of Defense Contracts, Deborah B. Kim

Theses and Dissertations

An Analysis Of Major Acquisition Reforms Through Text Mining And Grounded Theory Design, Amanda L. Mcgowin

Theses and Dissertations

Campbell-Ewald Co. V. Gomez: Diminishing The Derivative Sovereign Immunity Doctrine And The Social Costs Of Increasing Liability To Government Contractors, W. Logan Lewis

William & Mary Law Review

Tax Increment Financing In Maine, Michael G. Walker

Maine Law Review

Reconciling Agency Fee Doctrine, The First Amendment, And The Modern Public Sector Union, Courtlyn G. Roser-Jones

Northwestern University Law Review