Volume 42

Number 1, Fall 2012


Let the Government Contract: The Sovereign Has the Right, and Good Reason, to Shed Its Sovereignity When It Contracts
Stuart B. Nibley and Jade Totman

The Federal Circuit’s Abrogation of the NAFI Doctrine: An En Banc Message with Implications for Other Jurisdictional Challenges?
W. Stanfield Johnson

Beyond Judicial Activism: Federal Circuit Decisions Legislating New Contract Requirements
Richard C. Johnson

Observations on the Federal Circuit’s Impact on Bid Protest Litigation Since ADRA
James J. McCullough, Michael J. Anstett, and Brian M. Stanford

En Banc Consideration of Government Contract Issues at the U.S. Court of Appeals for the Federal Circuit
James J. Gallagher, David J. Ginsberg, and Keith M. Byers

Close Encounters: Government Contracts Law Meets Patent Law at the Federal Circuit
Robert K. Huffman

The Plain Meaning Rule in the Federal Circuit: An Update of Case Law After Coast Federal Bank, FSB v. United States
E. Sanderson Hoe and Mary E. Buxton

The Role of the U.S. Court of Appeals for the Federal Circuit in Government Contract Disputes: A Historic View from the Bench
Ruth C. Burg


How to Win Friends and Influence Government Contracts Law: Improving the Use of Amicus Briefs at the Federal Circuit
Jayna Marie Rust

Pleading Requirements for Claims by Contractors Against the Government: Applying Twombly and Iqbal After the Federal Circuit’s Decision in Todd Contrcution, L.P.
Adam Angelo Bartolanzo

In Memoriam

Norman L. Roberts, January 17, 1935 – June 12, 2012
Mark E. Langevin


Number 2, Winter 2013


Evidence from the False Claims Act: Does Private Enforcement Attract Excessive Litigation?
David Kwok

Sidestepping the Point-Estimate Fallacy: How to Improve the Quality of Government Procurement Decisions by Evaluating the Predictive Value of Cost Realism Analyses
Per David Midboe

Corruption in Municipal Procurement: Foreclosing Challenges of Disappointed Bidders – Augusta, Georgia, and the Need for Reform
Robert A. Mullins

The “Significant Change in the Character of the Work” Clause: Uncertain Federalism in Highway Construction Contracts
James P. Wiezel


Safeguarding Opportunities for America’s Wounded Warriors: A Proposed Solution to Subcontracting Abuse in the Service-Disabled Veteran-Owned Small Business Program and the Veterans First Contracting Program
Nichole A. Best

To Pay or Not to Pay: Reducing Improper Payments Through the “Do Not Pay” List
Rachel Cohn

FAR (8.602) Gone: A Proposal to Maintain the Benefits of Prison Work Programs Despite the Restructuring of Federal Prison Industries’ Mandatory Source Status
Michael C. Groh

Deterring Compliance: The Effect of Mandatory Debarment Under the European Union Procurement Directives on Domestic Foreign Corrupt Practices Act Prosecutions
Lauren O. Youngman

Affirmative Defenses After Maropakis and the Affirmative Misconduct Element in Equitable Estoppel: The 2012 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
Collin D. Swan, James Tucker, Tyler Evans, Anna Karass, Charles Kruly, and Brittany Warren


Number 3, Spring 2013


Bid Protests: The Costs Are Real, but the Benefits Outweigh Them
Daniel I. Gordon

Defense Contract Audit Agency’s Access to Contractor Internal Audit Reports: Is Newport News Still the Standard?
Vincent J. Napoleon and Shanelle Henry

Play It Again, SAM: Taking Another Look at How Supplies and Services Are Classified
Timothy Bunting

The Effect of the Court of Federal Claims’ Decision in Systems Application & Technologies, Inc. v. United States on Contracting Officer Discretion to Take Corrective Action in Response to Protests Before the GAO
Jonathan L. Kang


Fixing the Faults: An Argument Against the Saleh v. Titan Corp. Rule for Private Military Contractor Immunity
Rodney M. Perry

The Battlefield Preemption Doctrine: Preempting Tort Claims Against Contractors on the Battlefield to Preserve Federal Interests in Wartime Matters
Sonia Tabriz

Business Without Bribery: Analyzing the Future of Enforcement of the UK Bribery Act
Julia Lippman

Exceptionalism Run-A-Muck: The Goodyear Doctrine and Its Continued Impact on Government Leases of Real Property
Keith M. Lusby


Number 4, Summer 2013


Federal Circuit Year-in-Review 2012: Guarding the Gates of Government Contracts Litigation
Daniel P. Graham, Brian Walsh, W. Barron A. Avery, Tracye Winfrey Howard, Tara L. Ward, Collin D. Swan, and Laura Sherman

The Acquisition Supply Chain and the Security of Government Information Technology Purchases
Michael Ian Morrison

Price Realism Analysis in Fixed-Price Contracting: Improving the Evaluation Process
Alexis J. Bernstein


Helping More Patriots for Less Money: Amending the Defense Base Act to Insure Defense Contractors in War Zones Under the Servicemembers’ Group Life Insurance Plan
Joshua Schmand

Procurement Law Governing the Certification of Qualified Health Plans in Federally Facilitated Health Insurance Exchanges
Betsy J. Rosen

Alaska Native Corporations: Reclaiming the Namesake; Effectuating the Purpose
Catherine Lynn Allison

Blanket Purchase Agreements and Adequacy of Best Value Determinations: The 2013 McKenna Long & Aldridge “Gilbert A. Cuneo” Government Contracts Moot Court Competition
Gary Ward, Christopher Salloum, Bradley Carroll, and Keith Lusby


In Memoriam
Allan J. Joseph
John S. Pachter