Contractors’ State License Board,
2019
University of San Diego
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Equal Protection Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Equal Protection Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Permasalahan Penerapan Klausula Pembatasan Pertanggungjawaban Dalam Perjanjian Terkait Hak Menuntut Ganti Kerugian Akibat Wanprestasi,
2019
Universitas Indonesia
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 …
Contractors’ State License Board,
2019
University of San Diego
Contractors’ State License Board, Natasha Pulido, Betsy Gopinath
California Regulatory Law Reporter
No abstract provided.
Offshore Drilling: Combating Regulatory Uncertainty With Contract Law Protection,
2019
Brooklyn Law School
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 …
Strategic Institutional Positioning: How We Have Come To Generate Environmental Law Without Congress,
2019
Chapman University School of Law
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. …
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award,
2019
Loyola Marymount University and Loyola Law School
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.
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action,
2019
University of Minnesota Law School
Minneapolis Municipal Construction Contracts: Awarding Methodologies And Affirmative Action, Jon Schoenwetter
Minnesota Journal of Law & Inequality
No abstract provided.
Private Government And The Transparency Deficit,
2019
Indiana University Maurer School of Law
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 …
A Common-Sense Defense Of Janus: Forthcoming Changes In The Public Sector,
2019
Boston University School of Law
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 …
A Case For Open Mission Systems In Dod Aircraft Avionics,
2019
Air Force Institute of Technology
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.
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence,
2018
Notre Dame Law School
Challenging Federalism: How The States’ Loud Constitutional Provocation Is Being Met With Silence, Jennifer M. Haidar
Journal of Legislation
No abstract provided.
Evaluating Annual Fixed Wing Maintenance Costs,
2018
USAF
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 …
Text Mining Analysis Of Acquisition Reforms And Expert Views,
2018
Air Force Institute of Technology
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.
Murr And Wisconsin: The Badger State's Take On Regulatory Takings,
2018
Marquette University Law School
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Marquette Law Review
None.
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,
2018
Mercer University School of Law
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 …
The Case For More Debt: Expanding College Affordability By Expanding Income-Driven Repayment,
2018
SJ Quinney College of Law, University of Utah
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 …
Implementing Restorative Justice Programs In The Cal Poly Community,
2018
California Polytechnic State University, San Luis Obispo
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 …
The Significance Of Mongolia's Foreign Policy And Security Apparatus On A Global And Regional Scale,
2018
University of San Francisco
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 …
