Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts,
2012
Pepperdine University
Keeping Score When Bankruptcy Principles And The Federal Anti-Assignment Act Collide: Government Contractors' Options Concerning Executory Contracts, Tanya M. Kiatkulpiboone
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
International Procurement,
2012
University of Maryland Francis King Carey School of Law
International Procurement, Howard A. Wolf-Rodda, Daniel J. Mitterhoff
Faculty Scholarship
This year in review article for 2011 focuses on developments in Chinese procurement law in the realm of socio-economic policies, most notably, policies aimed at (1) enhancing contracting opportunities for China's small and medium business, and (2) preferential treatment of domestically-developed technology products.
Empirical Studies Of Contract,
2012
Northwestern University School of Law
Empirical Studies Of Contract, Zev J. Eigen
Faculty Working Papers
Since the mid 2000s, a cottage industry has slowly blossomed of empirical research dedicated to advancing accounts of contracts "on the books"--accounting for what contracts tend to purportedly obligate signers to do, and contracts "in action"--accounting for how contracting parties tend to behave. This article reviews this literature, which spans several disciplines, most notably law, economics, and management, identifying eight categories of empirical questions in common across all disciplines, highlighting key findings, points of consensus, and noting areas most pressingly in need of additional research.
Hunger And U.S. Governmental Policies,
2012
Asbury Theological Seminary
Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty
Bibliographies
No abstract provided.
Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases,
2012
Indiana University Maurer School of Law
Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand
Indiana Journal of Global Legal Studies
This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.
Framing Non-Whites And Producing Second-Class Citizens In France And Portugal,
2012
University of South Florida
Framing Non-Whites And Producing Second-Class Citizens In France And Portugal, Bernd Reiter
Government and International Affairs Faculty Publications
The quality of contemporary democracies hinges on the breadth and depth of the citizenship regimes on which democracy ultimately rests. This article argues that, to assess citizenship, two important dimensions are of crucial interest, namely to what extent formal citizens are able to live and practice substantive citizenship roles and, secondly, how access to citizenship rights is used by different societal groups in order to defend privilege. Having conducted a comparative case study of Portugal and France, I now argue that political elites are contributing to a framing of non-whites as foreigners and immigrants because it serves their purpose and …
The Civil False Claims Act And Its Unreasonably Broad Scope Of Liability: The Need For Real "Clarifications" Following The Fraud Enforcement And Recovery Act Of 2009,
2012
Cleveland State University
The Civil False Claims Act And Its Unreasonably Broad Scope Of Liability: The Need For Real "Clarifications" Following The Fraud Enforcement And Recovery Act Of 2009, Ryan Winkler
Cleveland State Law Review
This Note analyzes Congress's most recent attempts to recover fraudulently secured government funds through its modifications of the False Claims Act ("FCA"), and concludes that an amendment to the Act is necessary. To begin, Part II.A. presents a brief historical tracking of the FCA, including the original FCA of 1863, and the critical amendments through 1986. Part II.B. explores relevant interpretations by the courts that established the landscape of false claims litigation prior to the Fraud Enforcement and Recovery Act of 2009 ("FERA"), including Allison Engine v. United States ex. rel. Sanders, in which the United States Supreme Court reversed …
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity,
2012
George Washington University Law School
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
GW Law Faculty Publications & Other Works
Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.
This article asserts …
Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?,
2012
University of Maryland Francis King Carey School of Law
Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators,
2012
University of Colorado Law School
Reining In The Rogue Squadron: Making Sense Of The "Original Source" Exception For Qui Tam Relators, Dayna Bowen Matthew
Publications
The qui tam provision of the Civil False Claims Act effectively serves to expand the government’s capacity to combat fraud, but also invites abusive prosecution against blameless public contractors. Although the public disclosure jurisdictional bar is designed to permit worthy claimants to proceed as whistle blowers while precluding parasitic opportunists from unfairly imposing litigation costs and reaping undeserved awards, the inconsistent judicial interpretation of the original source exception threatens predictable and just law enforcement. Christopher Alexion’s note categorizes the approaches courts have taken as ranging from permissive, to “middle ground” to restrictive based on the timing of the relator’s disclosure, …
Reflections On The Federal Procurement Landscape,
2012
George Washington University Law School
Reflections On The Federal Procurement Landscape, Daniel I. Gordon
GW Law Faculty Publications & Other Works
This paper, published in the Government Contractor, presents the reflections on the author's service as the Administrator for Federal Procurement Policy from 2009 through 2011. The author identifies his three goals for his tenure as Administrator: strengthening the federal acquisition workforce, driving fiscal responsibility in federal acquisition, and rebalancing the relationship with contractors. The author points to reversal of several negative trends, in particular, decline in the size of the federal acquisition workforce during the years 1992-2009, unsustainable annual increases in procurement spending during those years, and an unhealthy overreliance on contractors in performance of key government functions. In each …
A House Of Cards Falls: Why 'Too Big To Debar' Is All Slogan And Little Substance,
2012
George Washington University Law School
A House Of Cards Falls: Why 'Too Big To Debar' Is All Slogan And Little Substance, Jessica Tillipman
GW Law Faculty Publications & Other Works
“A House of Cards Falls: Why ‘Too Big to Debar’ is All Slogan and Little Substance” is a critical response to the article, "FCPA Sanctions: Too Big to Debar" by Drury D. Stevenson and Nicholas J. Wagoner, which aptly demonstrates a common, yet fundamentally flawed understanding of the FAR 9.4 suspension and debarment regime. "Too Big to Debar" asserts that when large government contractors violate the Foreign Corrupt Practices Act (FCPA), they should be “punished” by being debarred from the procurement system. Indeed, despite FAR 9.4’s clear directive to use debarment only for the purpose of protecting the government, not …
Emerging Policy And Practice Issues (2011),
2012
George Washington University Law School
Emerging Policy And Practice Issues (2011), 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 2011), attempts to identify the key trends and issues for 2012 in U.S. federal procurement. It begins from the premise that the most significant emerging issue in government contracting, looking ahead, is the money (or lack of it). As the fiscal belt tightens, the procurement landscape - what the government buys, from whom, and how - will necessarily change. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. It also discusses the proliferation of …
The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets,
2012
George Washington University Law School
The Wto’S Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access And Transparency In Global Public Procurement Markets, Robert D. Anderson, Steven L. Schooner, Collin D. Swan
GW Law Faculty Publications & Other Works
In December of 2011, the Parties to the World Trade Organization Government Procurement Agreement (GPA) adopted significant revisions to the Agreement. The revised Agreement comprises (a) a much-needed modernization of the text of the Agreement, (b) an expansion of related market-access commitments by the Parties, and (c) a set of Future Work Programs intended to enhance transparency among the Parties and improve the administration of the Agreement. In these unstable economic times, the importance of the GPA and its improvements cannot be overstated.
This article also bemoans the media's misrepresentation of the ongoing process of China's negotiated accession into the …
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity,
2012
George Washington University Law School
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs
GW Law Faculty Publications & Other Works
In M. Maropakis Carpentry v. United States, the U.S. Court of Appeals for the Federal Circuit upset the commonly understood rules of practice and procedure for government contracts dispute litigation. In what the Supreme Court might view as a drive-by jurisdictional ruling, the court held that a contractor must file its own claim for time extensions before it can defend against a government claim for liquidated damages. Two Court of Federal Claims cases then confirmed fears that the decision would create a significant, disruptive, and disadvantageous change in procedural posture for a large number of contractors defending against government …
Implied Certification Under The False Claims Act,
2011
Georgetown University Law Center
Implied Certification Under The False Claims Act, Gregory Klass, Michael Holt
Georgetown Law Faculty Publications and Other Works
The False Claims Act prohibits fraud by government contractors, including a contractor's false certification of compliance with the contract, statutes or regulations. In the early 1990s, some courts began holding that the act of requesting payment from the government implicitly represents such compliance for the purposes the FCA. Circuits are today split on the implied certification doctrine. This Article provides a theory of implied certification, suggests how the circuit split should be resolved and describes how contracting agencies should write contracts in light of the existing rule. There are good reasons for the implied certification rule: it is an information-forcing …
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes,
2011
College of William and Mary
Outsourcing Enforcement: Principles To Guide Self-Policing Regimes, Sarah L. Stafford
Cardozo Law Review
No abstract provided.
Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil,
2011
Benjamin N. Cardozo School of Law
Outsourcing Incompetence: An Essay In Honor Of Paul Verkuil, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability,
2011
American University Washington College of Law
"Going Green" The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
Legislation and Policy Brief
Through either executive or legislative power, state and local governments are rapidly effecting policies that encourage environmental sustainability. Many of these policies have logically targeted buildings and infrastructure, both of which have a significant adverse impact on the environment. In the United States, 38 percent of the nation’s carbon dioxide emissions and 67 percent of its electricity usage come from buildings. New laws and policies are attempting to decrease these figures by requiring construction projects to “go green” and implement sustainable building practices. These legal initiatives have the potential to create substantial environmental benefits by reducing energy consumption, greenhouse gas …
How About A Singapore-Jakarta Consensus?,
2011
Singapore Management University
How About A Singapore-Jakarta Consensus?, Mahdev Mohan, Shiow Tsai Lan
Research Collection Yong Pung How School Of Law
Expectations ran high as leaders met last weekend in Jakarta for the 18th Association of South-east Asian Nations (ASEAN) summit. However, the 10-member regional organisation has left two key issues unresolved - including the ongoing conflict surrounding the 900-year-old Preah Vihear temple at the Thai-Cambodian border that has claimed 18 lives and Timor-Leste's formal request for admission into its fold this year.
