The operation of government purchasing contracts and the way the law applies to them, is the subject of thorough and penetrating analysis in this new edition of a standard work. It provides a complete analysis of important new developments and new material on legal risk in contracting, statutory contracts and trade practices law.
This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
This unique resource identifies and analyzes fourteen major legal issues in government contract law and highlights three important legislative changes that have occurred over the past 50 years and altered the practice of law. Authored by C. Stanley Dees, who was directly involved in many of the landmark cases examined here, this one-of-a-kind resource delivers a level of insight and historical perspective no other reference can match. Only The Development of Modern Government Contract Law: A Personal Perspective describes the evolution of government contract law and practice, thoroughly examining each of the subject areas and delivering unmatched insight and analysis. No book today provides the personal perspective of a practitioner who tried or argued key cases in many of these important areas. With The Development of Modern Government Contract Law, you'll gain: Important insight to case law controlling fourteen separate major legal issues in government contract law Thorough analysis of the three important legislative changes that occurred over the past half-century which altered the way attorneys practice Direct insights into approaches to managing apparently contradictory precedents As government contract law becomes increasingly complex, every legal professional must understand the elemental issues that structure the law. The past half century has formed the foundation period of modern government contract law, and C. Stanley Dees has been directly involved every step of the way. Quite simply, it would be difficult to develop true expertise in this practice area without taking advantage of the insights and analysis provided in this unique work on government contract law. Extensively researched, thoroughly footnoted, and with a full Table of Cases, The Development of Modern Government Contract Law: A Personal Perspective covers: Early Government Contract Law Incorporating Clauses by Operation of Law: The G.L. Christian Case Constructive Acceleration: The Electronic & Missile Facilities, Inc. Case Fact Versus Judgment: The E-Systems Case Allocation of Necessary Costs to Overhead: The General Dynamics Case Cardinal Changes--Breach to Bid Protest: AT&T Communications v. Wiltel Illegal Contracts: Before and After the AT&T Case Recovery of Unabsorbed Overhead: The Eichleay Formula, Used and Abused Structural Reform: Legislative Changes 1978-84 Loss of the Shuttle Challenger: The Changing Practice of Law GSA Procurement of Telecommunications and the "Mother" of All Bid Protests Fixed-Price Procurements for Development of Major Systems: Lockheed, Litton, General Dynamics, et al. Recovery of Interest: A History of Inequity and Error The Administrative Procedure Act: Jurisdiction in Contract Cases The Federal Circuit: Changing Direction? [Five areas where the court has reversed precedents] The Development of Modern Government Contract Law: A Personal Perspective is a foundational, must-have resource for every legal professional practicing in the government contracts arena, delivering invaluable insights and perspective that will directly inform the reader how to manage specific legal issues.
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleĆs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Understanding of the philosophy and theory behind the law is significance to law makers, legal practitioners, academicians and laymen. The rationales are to have some understanding of public policy and the real aim of the laws that made up particular practices or the root of practices. Therefore, this book highlight selected philosophy and theory of laws in the area of commercial, financial and corporate law; medical law; constitutional and administrative law and lastly human resource law. The massive information and knowledge in this book will benefits law makers, legal practitioners, academicians, universities students in understanding the philosophy and theory of the law first, before appreciating and applying the substantive law in their profession and life.