Volume 32

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
Anjali Kapur

Can a State Avoid Higher Prices Incurred Under Long-Term Power Supply Contracts?  A Study of California’s Situation Following Its Energy Crisis
Brandon Moss

Correctional Services Corp. v. Malesko: The Supreme Court’s Continued Refusal to Stand Behind Bivens
Elizabeth Martin


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
Justin Sweet

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?
Peter Verchinski

Bad Faith as a Limitation on Terminations for Convenience: As Bad as They Say, or Not So Bad?
Artie McConnell


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

Book Review

Comprehensive Portrait of Multiple Award Schedule Now Available
Carl L. Vacketta


The Changing Relationship Between Federal Grants and Federal Contracts
Andreas Baltatzis

The First Amendment and Independent Contractors Lacking Preexisting Commercial Relationships with the Government: Entering a “Zone of Uncertainty”
David Hensel

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
Jean-Jacques Verdeaux

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

Moot Court

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

Book Reviews

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
Deidre Roney