Number 1, Fall 2002
Lessons from the Damages Decisions Following United States v. Winstar Corp.
Rodger D. Citron
Boeing v. Roche and the Benefit Theory of Allocability: Unlocking Lockheed or Ignoring Northrop?
John D. Inazu
Mediating Government Contract Claims: How It Is Different
Robert J. Gomez
Risk Allocation for Third-Party Toxic Tort Liability at Government-Owned, Contractor-Operated Facilities (GOCOs)
Patrick E. Tolan Jr.
Consistency—It’s Not Just for Hobgoblins: Lion Raisins, Inc. v. United States
Richard B. O’Keeffe Jr.
Government-Unique Marks: From Star Wars to Joint Strike Fighters
Can a State Avoid Higher Prices Incurred Under Long-Term Power Supply Contracts? A Study of California’s Situation Following Its Energy Crisis
Correctional Services Corp. v. Malesko: The Supreme Court’s Continued Refusal to Stand Behind Bivens
Number 2, Winter 2003
Environmental Liability Under Public Law 85-804: Keeping the Ordinary Out of Extraordinary Contractual Relief
Patrick E. Tolan Jr.
The Amelco Case: California Bars Abandonment Claims in Public Contracts
Seeking One Rule to Bind Them: Unifying the Interpretation and Treatment of the “Title-Vesting” Language of the Progress Payments Clause
Michael E. Sainsbury
Are District Courts Still a Viable Forum for Bid Protests?
Bad Faith as a Limitation on Terminations for Convenience: As Bad as They Say, or Not So Bad?
Number 3, Spring 2003
2002 Year in Review: Analysis of Significant Federal Circuit Government Contracts Decisions
Robert E. Korroch, Francis E. Purcell Jr., James J. Reid, and Rachel L. Semanchik
Negotiated Procurements: Squandering the Benefit of the Bargain
David A. Whiteford
Government’s Title to Pencils, Paper Clips, and Other Overhead Items (or Award Ribbons, Half-Eaten Sandwiches, and Funeral Flowers)
Richard J. Wall and Robert P. Malyska
The Persistence of Time: A Brief History and Analysis of the Berry Amendment
Sean P. Bamford
Comprehensive Portrait of Multiple Award Schedule Now Available
Carl L. Vacketta
The Changing Relationship Between Federal Grants and Federal Contracts
The First Amendment and Independent Contractors Lacking Preexisting Commercial Relationships with the Government: Entering a “Zone of Uncertainty”
Efficiency in Exchange: An Economic Analysis of Acquisition by Negotiation
Shereen M. Marcus
Number 4, Summer 2003
Mixed Nuts and Other Humdrum Disputes: Holding the Government Accountable Under the Law of Contracts Between Private Individuals
W. Stanfield Johnson
Public Procurement in the European Union and in the United States: A Comparative Study
Identifying “Subcontractors” Under TINA and Access-to-Records Statutes: Filling an Annoying Gap in Government Contracts Jurisprudence
Richard C. Johnson
The Government’s Liability for Actions of Its Agents That Are Not Specifically Authorized: The Continuing Influence of Merrill and Richmond
Alan I. Saltman
Challenging Task Order Awards: Protest or Dispute? The McKenna Long & Aldridge/Gilbert A. Cuneo Government Contracts Moot Court Competition
Amanda Hammond, Amanda Weiner, Sean Sabin, and Rebecca Vernon
Have Bruner and O’Connor Done for Construction Law What Prosser Did for Torts?
Reviewed by Donald G. Garvin
Past Performance Evaluations
Reviewed by James F. Nagle
HUBZones: The Class-Based Idea