Foreign Competition In U.S. Defense Contracts: Why The U.S. Government Should Favor Domestic Companies In Awarding Major Defense Procurement And Acquisition Contracts,
2011
Pacific McGeorge School of Law
Foreign Competition In U.S. Defense Contracts: Why The U.S. Government Should Favor Domestic Companies In Awarding Major Defense Procurement And Acquisition Contracts, Lindsay I. Mccarl
Global Business & Development Law Journal
No abstract provided.
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively,
2011
Northwestern University School of Law
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
Faculty Working Papers
If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …
A Random Walk: The Federal Circuit's 2010 Government Contract Decisions,
2011
American University Washington College of Law
A Random Walk: The Federal Circuit's 2010 Government Contract Decisions, Steven L. Schooner
American University Law Review
No abstract provided.
The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement,
2011
Touro Law Center
The Limited Case For Permitting Sme Procurement Preferences In The Wto Agreement On Government Procurement, John Linarelli
Scholarly Works
This is a chapter in the book, Sue Arrowsmith & Robert D. Anderson, The WTO Regime on Government Procurement: Challenge and Reform (Cambridge University Press, 2011). The chapter puts under scrutiny public procurement policies designed to benefit SMEs per se, as small or medium sized enterprises, and to evaluate whether the GPA (and hence possibly other trade agreements liberalizing procurement markets) should be more accommodating to these policies, even though these policies might restrict international trade. The chapter also evaluates whether the GPA should be more accommodating to policies designed to benefit firms controlled by individuals who belong to historically …
A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line,
2011
The Catholic University of America, Columbus School of Law
A Whole New World Of False-Claims-Act Liability: The 2009 Amendments And Learning Where To Draw The Line, David Baker
Catholic University Law Review
No abstract provided.
The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences,
2011
George Washington University Law School
The Foreign Corrupt Practices Act & Government Contractors: Compliance Trends & Collateral Consequences, Jessica Tillipman
GW Law Faculty Publications & Other Works
As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor’s business, they are naturally at greater risk of violating the FCPA than those companies that do not interact with Government officials on a regular basis.
This article begins by providing an overview of the FCPA and a review of recent FCPA enforcement trends, and then considers the collateral consequences of a violation of the FCPA by Government contractors. In addition to fines, penalties, and …
A Random Walk: The Federal Circuit’S 2010 Government Contracts Decisions,
2011
George Washington University Law School
A Random Walk: The Federal Circuit’S 2010 Government Contracts Decisions, Steven L. Schooner
GW Law Faculty Publications & Other Works
This Article discusses the Federal Circuit's 2010 government contracts cases. It begins with some perspective on, and empirical quantification of, the Federal Circuit’s level of specialization and evolving jurisprudence in the field of government contracts. It eventually turns to analysis of a hodge-podge of unrelated cases: three award controversies (or bid protests), a handful of post award performance disputes, a few selections from the ongoing behemoths of litigation in the U.S. Court of Federal Claims - Winstar and Spent Nuclear Fuel, and a potentially analogous implied warranty case. Overall, the article suggests that the Federal Circuit's 2010 government contracts cases …
The Military-Industrial Complex,
2011
Duke Law School
The Military-Industrial Complex, Charles J. Dunlap Jr.
Faculty Scholarship
In his 1961 farewell address, President Eisenhower cautioned against a future in which a powerful military-industrial complex manipulated policy to the detriment of American interests. Dunlap argues that, fifty years later, Eisenhower’s fears have not been realized; in fact, the military-industrial enterprise is in decline. Certainly, the U.S. military owes its continued preeminence to both the quality of its combatants and the superiority of its weaponry. Yet as the manpower-centric strategies in Afghanistan and Iraq replaced technology-centric operations; as complicated defense acquisitions laws deterred companies from obtaining contracts; and as the economic downturn and rising national deficit have strained budgets, …
The Draft Oci Rule - New Directions And The History Of Fear,
2011
George Washington University Law School
The Draft Oci Rule - New Directions And The History Of Fear, Christopher R. Yukins
GW Law Faculty Publications & Other Works
After years of rancor and debate, the Office of Federal Procurement Policy and the FAR Councils in April 2011 finally issued a proposed revision to the regulations governing organizational conflict of interests (OCIs) in federal procurement. The proposed rule marked an extraordinary change of direction - in some ways, it would reorder policy priorities built up over years of case law - but also may have reflected the drafters’ nagging ambivalence about the new direction. The proposed OCI rule marked a significant change in direction in part because policymakers’ core concerns - their core fears concerning conflicts of interest - …
Venture Capital Investment And Small Business Affiliation Rules: Why A Limited Exception Is Crucial To Economic Recovery Efforts,
2011
George Washington University Law School
Venture Capital Investment And Small Business Affiliation Rules: Why A Limited Exception Is Crucial To Economic Recovery Efforts, Jessica Tillipman, Damian Specht
GW Law Faculty Publications & Other Works
Small businesses and venture capital are a natural pair. While many small businesses are born of technical expertise and innovation, few are well financed. One of the reasons for this lack of financing is that small concerns are often viewed as risky investments. Small businesses are rarely led by experienced business people and, as many statistics demonstrate, are more likely than not to fail. Unlike their under financed counterparts, venture capital companies (“VCCs”) are well financed and what they lack in technical capability, they make up for in business acumen and financial wherewithal. Moreover, risky investments with large upsides are …
Desiderata: Objectives For A System Of Government Contract Law,
2011
George Washington University Law School
Desiderata: Objectives For A System Of Government Contract Law, Steven L. Schooner
GW Law Faculty Publications & Other Works
This brief paper - presented at a symposium presented for a developing nation engaged in drafting of a government procurement law - offers a diverse menu of aspirations frequently mentioned in the context of public purchasing. This paper introduces nine goals frequently identified for government procurement systems: (1) competition; (2) integrity; (3) transparency; (4) efficiency; (5) customer satisfaction; (6) best value; (7) wealth distribution; (8) risk avoidance; and (9) uniformity. The exercise of identifying aspirations is important, particularly because it is difficult for legislators or policymakers to articulate what they hope to achieve through a buying regime. While no system …
Shotgun Weddings: Director And Officer Fiduciary Duties In Government-Controlled And Partially-Nationalized Corporations,
2010
Vanderbilt University Law School
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,
2010
Air Force Institute of Technology
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,
2010
University of Maryland Francis King Carey School of Law
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),
2010
John Marshall Law School
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,
2010
University of Maryland Francis King Carey School of Law
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,
2010
University of Richmond
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,
2010
Southern Methodist University, Dedman School of Law
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,
2010
George Washington University Law School
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,
2010
University of Richmond
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 …
