Government Contracts Commons^™

The Little Engine That Could: The Success Of The Stewardship Contracting Authority, Kimberly Hausbeck

William & Mary Environmental Law and Policy Review

No abstract provided.

Settlement Agreements Are Favored Under North Carolina Law... Or So We Thought: Problems With The Court Of Appeals' New Approach Allowing County Governments To Invalidate An Otherwise Binding Settlement Agreement Using North Carolina General Statute Section 159-28, Ryan C. Aul

Campbell Law Review

This comment first examines the established law of settlement agreements in North Carolina, specifically relating to how such agreements are favored under the law, general enforcement of these agreements, and special rules concerning counties and municipalities. Second, it focuses on the requirements for a pre-audit certification under North Carolina General Statute section 159-28(a), the perplexing judicial interpretation of this statute by the North Carolina Court of Appeals, and the resulting inequitable status of the law that treats settlement agreements with county and municipal governments on a different playing field than those with a private entity. Finally, a proposal is offered …

Continuidade E Mudança No Brasil: Os Legados Do Bacharelismo, João Batista De Castro Júnior, Bernd Reiter

Government and International Affairs Faculty Publications

In this article, we discuss some of the literature on the development of the Portuguese colonial legacy called "bacharelismo and seek to provide an answer to the question why clientelism and patronage are still such pervasive forces in Brazilian politics and indeed in broader society. By tracing back the ways how certain groups have conquered, maintained, and defended privilege vis-`a-vis popular sectors of Brazilian society and by following this process of defending inherited privilege all the way to contemporary times, we seek to support our main argument, which is that Brazilian society has never been sufficiently re-structured in order to …

Consumer Protection And Social Methods Of Continental And Anglo-American Contract Law And The Transnational Outlook, Andreas Maurer

Indiana Journal of Global Legal Studies

Debates over the content of recent EU directives and U.S. statutory amendments related to consumer protection highlight the importance of such regulation. Criticism calling for a return to freedom of contract in both regions reflects a tension between social ideals related to equality between private parties, and a deep distrust of state intervention and market regulation. With the rise of private sources for transnational commercial standards and practices, there is an opportunity for states to facilitate selfregulation in lieu of producing public substantive regulations. This approach seems to satisfy a well-established need for consumer protection without exacerbating government intervention in …

The Law Of Society: Governance Through Contract, Peter Zumbansen

Indiana Journal of Global Legal Studies

This paper focuses on contract law as a central field in contemporary regulatory practice. In recent years, "governance by contract" has emerged as the central concept in the context of privatization, domestic and transnational commercial relations, and law-and-development projects. Meanwhile, as a result of the neo-formalist attack on contract law, "governance of contract" through contract adjudication, consumer protection law, and judicial intervention into private law relations has come under severe pressure. Building on early historical critique of the formalist foundations of an allegedly private law of the market, the paper assesses the current justifications for contractual governance and posits that …

Introduction: Private Ordering In A Globalizing World: Still Searching For The Basics Of Contract, Peer Zumbansen

Indiana Journal of Global Legal Studies

Governing Contracts - Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006

The New Public Contracting: Public Versus Private Ordering?, Peter Vincent-Jones

Indiana Journal of Global Legal Studies

This article explores the hybrid character of contemporary public service organization with specific reference to the emergence in Britain over the last twenty-five years of a novel mode of governance, the "New Public Contracting." The New Public Contracting governs an ever-expanding range of aspects of modern life through contracting regimes directed at the attainment of particular policy purposes. In Britain, this mode of governance has been problematic in that many contracting regimes have failed to respond adequately to public needs. While the trend toward privatization may be politically irreversible, the role of the state should be to help establish the …

An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman

Indiana Journal of Global Legal Studies

This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether.I t also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for exploring how …

The Role Of Contracts And Networks In Public Governance: The Importance Of The "Social Epistemology" Of Decision Making, Karl-Heinz Ladeur

Indiana Journal of Global Legal Studies

This article addresses the role of public contracts and of public-private networks in relation to the new cognitive infrastructure of postmodern societies and the rise of an experimental rationality. The use of contracts in public law has evolved: it is no longer just a new version of the administrative decision; it is now used as a means in a broad process of breaking up the permeability of public administration. New modes of contracting are a response to increasing fragmentation of interests in industry and in society as a whole. This evolution has also given rise to the concept of the …

Changing Contract Lenses: Unexpected Supervening Events In English, New Zealand, U.S., Japanese, And International Sales Law And Practice, Luke Nottage

Indiana Journal of Global Legal Studies

This article compares differences in the reasoning underlying contractual relationships between English and New Zealand law and U.S. and Japanese law. It then builds upon an existing framework by adding the notion of didactic formality to identify another important contrast between the laws of these countries. It also discusses how CISG and UPICC fit in to this spectrum. The article concludes by questioning "strong convergence" theory in commercial law worldwide.

Governing Contracts – Public and Private Perspectives, Symposium. Osgoode Hall Law School, Toronto, November 9-10, 2006

Molecular Federalism And The Structures Of Private Lawmaking, David V, Snyder

Indiana Journal of Global Legal Studies

This article explores "molecular federalism." Private lawmakers-ranging from familiar organizations like the American Law Institute and the New York Stock Exchange to less well known ones, like the International Chamber of Commerce and associations of banks-are here envisioned as part of a federalist scheme that operates at a "molecular" level rather than at the level of the state. The function and legitimacy of private lawmakers, and the strengths and weaknesses of private lawmaking, are assessed under the rubric of federalism. The article takes up both horizontal and vertical aspects of molecular federalism, considering the possibilities of competitive private lawmaking and …

The True Lex Mercatoria: Law Beyond The State, Ralf Michaels

Indiana Journal of Global Legal Studies

Is there an anational lexr meratoria, a "global law without a state?" The debate seems infinite. Some argue that the rules, institutions, and procedures of international arbitration have now achieved a sufficient degree both of autonomy from the state and of legal character that they represent such an anational law. Others respond that whatever law merchant may exist is really state law-dependent on national norms and the freedom of contract they provide, and on the enforceability of arbitral awards by national courts. This paper suggests that the dichotomy of anational law and state law is false. Although an anational law …

The Making Of Transnational Contract Law, Graf-Peter Calliess

Indiana Journal of Global Legal Studies

The definition and creation of contract law is entrenched in a common understanding of the strong role of the modern state in the administration of justice. This article argues that this understanding is currently subject to a fundamental transformation as a result of the increasing demand for legal certainty in cross-border transactions. Traditional concepts of private international law, mainly the law of conflicts and multilateral treaty harmonization, have proven unable to keep pace with globalization, allowing private actors to step in and gain a dominant position in providing legal services to international commerce. The resulting privatization of lawmaking leads to …

Civil Society Constitutionalism: The Power Of Contract Law, Marc Amstutz, Adreas Abegg, Vaios Karavas

Indiana Journal of Global Legal Studies

This article argues that the vision of a social law of contract is exhibited in the judgment of the Swiss Federal Court in Post v. Verein gegen Tierfabriken ("VgT"). The judgment is one of a law of contract that interacts with a community of the subjects instead of the individual subjects of a community. This paper contends that law today has the task of providing for the areas of social autonomy from which "civil society" is built up and in which, at the same time, the increasing social fragmentation can be overcome piecemeal. The article argues that conceiving contract law …

Relational Contract And The Nature Of Private Ordering: A Comment On Vincent-Jones, David Campbell

Indiana Journal of Global Legal Studies

This paper focuses on the enormous growth of contract in the public sector over the last twenty years as part of the development of the "new public management." In the United Kingdom, the most penetrating assessment of the significance of this growth for the law of contract, its theory and its use, is Peter Vincent-Jones's The New Public Contracting, the thrust of which has been the basis of Vincent-Jones's contribution to this issue, The New Public Contracting: Public versus Private Ordering? In this paper, the author examines the welfarism of public sector contracting by means of a comment on Vincent-Jones's …

An Analysis Of The Impact Of Defense Acquisition Reforms And External Factors On Schedule Growth Of Defense Weapon Systems, Michael P. Giacomazzi Iii

Theses and Dissertations

The growth in the acquisition cycle time of large defense systems from what was planned (i.e., schedule growth) creates several issues for defense acquisition managers and policy makers. These issues include increased likelihoods of cancellations, changes in requirements, and delays in the fielding of improved combat capabilities and replacements for legacy systems, which have resulted in further cost and schedule growth. As a result, Congress, the DoD, and the individual military services implemented several major reforms to address the cost and schedule growth of weapon systems. This research presents an empirical model of schedule growth to evaluate the impact of …

Internal Versus External For Small Weapons Systems, Joseph S. Elkins

Theses and Dissertations

The acquisition method used to gain access to new technologies can heavily influence whether our war fighters have the required tools to fight increasing and constantly shifting global threats (Kessler and others, 2000). The purpose of this study was to investigate the process and results of internal laboratory development, testing and fielding of small weapons systems as compared to traditionally acquired systems which encourage customer pull and contractor development. This research provides insight into how Air Force Research Laboratory (AFRL) personnel choose an acquisition method, retain personnel capability, and maximize product capability. This study consolidates the opinions of subject matter …

Cost Growth In Weapons Systems: Re-Examining Rubber Baselines And Ecomonic Factors, Philip E. Ruter Ii

Theses and Dissertations

This paper will evaluate cost overruns from a microeconomic perspective to determine their root causes. The specific variables that will be evaluated are: contract budget fluctuations, contract length, inflation, procurement budget fluctuation, research and development budget fluctuation, the technology readiness of the commodity, and industry concentration. These variables will be evaluated twice. The first evaluation will consist of a binary choice model to determine whether or not the dependent variables influence the likelihood of a cost overrun. The specific form of the evaluation will take the form of a probit regression in which an independent variable value of zero indicates …

Indentifying And Assessing Effective Mechanisms For Technology Transfer, Michael A. Romero

Theses and Dissertations

The ability to shift knowledge and resources from federal laboratories to industrial and academic partners and vice versa is the primary reason that technology transfer (T²) exists today. Without the cooperation of federal, state, and private agencies working together to resolve today’s technology quandaries, a lot of the breakthroughs experienced today would not exist. This research was focused on uncovering which mechanisms are utilized by scientists and engineers. The research entails uncovering both official and unofficial mechanisms and ascertaining why some methods are preferred over others. It is also a secondary focus, to determine which barriers are impeding …

The Catch-22 In Prison Privatization: The Problem With The Solution, Ahmed M.T. Riaz

ExpressO

A step into just about any state prison in the United States reveals an institution plagued by over-population, with just about every prison running at more than 100% capacity. The problem, of course, is not new but one that has received great attention. In the past decade or so the solution has been privatization of state prisons. Proponents of privatization have pushed forth the idea that private institutions are the solution to prison overcrowding. However, by looking to for-profit private institutions as a means to resolving the problems of the penal system, are legislators in fact ensuring that the problems …

Federalism And False Claims, Pamela H. Bucy

Cardozo 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.

One Step Outside The Country, One Step Back From Patent Infringement, Katherine E. White

Law Faculty Research Publications

No abstract provided.

Legalized Gaming And Political Contributions: When The Diceman Cometh, Will Corruption Goeth?, 40 J. Marshall L. Rev. 1089 (2007), Bonny Bumiller

UIC Law Review

No abstract provided.

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

UIC Law Review

No abstract provided.

A Winner For The Windy City: A Comment In Support Of Establishing A Land-Based Casino In The City Of Chicago, 40 J. Marshall L. Rev. 1391 (2007), Ronald Neroda

UIC Law Review

No abstract provided.

Defendendo Privilégio: Os Limites Da Participação Popular Em Salvador, Bahia, Bernd Reiter

Government and International Affairs Faculty Publications

Este estudo enfoca as mudanças das relações Estadosociedade no estado da Bahia, e os fatores que condicionam uma participação democrática. A partir de trabalho de campo realizado durante várias viagens entre 2001 e 2006 à Salvador, BA, coletei dados sobre a qualidade da participação comunitária na gestão de escolas públicas, no processo de planejamento urbano (PDDU) e no orçamento participativo, iniciado em janeiro de 2005 naquela cidade.

Comparei três áreas de interação entre o governo local e a sociedade em geral, sociedade civil especificamente. Este artigo é enfocado nas duas últimas áreas da política, mas, em todos os casos observados, …

Boxing Out The Big Box Retailers: The Legal And Social Impact Of Big Box Living Wage Legislation, 40 J. Marshall L. Rev. 1339 (2007), Christine Niemczyk

UIC Law Review

No abstract provided.

The Ideal Deal: How Local Governments Can Get More For Their Economic Development Dollar, Rachel Weber, David Santacroce

Books

This handbook is designed to provide local economic development practitioners with an important tool. It takes the reader step-by-step through the different elements of contracts that treat public incentive packages as a quid pro quo for public benefits. Each section discusses a different element of the ideal deal: valuation of public costs and benefits, performance standards, disclosure and oversight, and enforcement. In each section we provide detailed examples of model provisions used by local governments in their incentive legislation, ordinances, and contracts -- information that has not before been obtained or recorded in any systematic way. These examples are meant …

2006 Government Contract Decisions Of The Federal Circuit, David W. Burgett, William F. Ferreira, Allison D. Pugsley, Deborah A. Raviv

American University Law Review

In 2006, the Federal Circuit issued over two hundred and fifty precedential opinions and orders. This article discusses sixteen precedent-setting opinions involving government contract law issues, setting forth the relevant facts, the Federal Circuit’s analysis, and key points for practitioners to glean from each case. This article also includes a discussion of the Federal Circuit’s September 2006 opinion regarding the TRICARE Pharmacy Benefits Program (“TPBP”) refund program, a case that the pharmaceutical industry watched closely. The decisions have been grouped into the following categories: jurisdiction, contract interpretation, costs, contract termination, bid protests, and patent rights.