Foundations of Public Contracts

Foundations of Public Contracts
Author: José G. Giacomuzzi
Publisher: Edward Elgar Publishing
Total Pages: 304
Release: 2022-05-28
Genre:
ISBN: 9781800880917

Download Foundations of Public Contracts Book in PDF, Epub and Kindle

Foundations of Public Contracts undertakes an in-depth survey of the foundations of public contracts in three legal systems: American, French, and Brazilian. The comparison of these three systems highlights the legal phenomenon's historical, philosophical, and social origins. The book transcends the functional commonalities to penetrate into how American, French, and Brazilian lawyers think about the essence of government contracts law, the phenomenon of exceptionalism; preferential treatment that public procurement law provides to the state in its contractual dealing with private entities. Comparative public law professors and students will find great value in this exploration of the material sources of public contracts, an area that has heretofore received little attention in legal academia.

Foundations of Public Contracts

Foundations of Public Contracts
Author: Giacomuzzi, José G.
Publisher: Edward Elgar Publishing
Total Pages: 288
Release: 2022-05-06
Genre: Law
ISBN: 1800880928

Download Foundations of Public Contracts Book in PDF, Epub and Kindle

This Research Agenda documents and establishes the thinking of leading scholars in the field of political marketing and related sub-fields, also encompassing additional social science disciplines that intersect at the crossroads of political marketing.

Public Procurement Fundamentals

Public Procurement Fundamentals
Author: Naushad Khan
Publisher: Emerald Group Publishing
Total Pages: 147
Release: 2018-02-05
Genre: Business & Economics
ISBN: 178754608X

Download Public Procurement Fundamentals Book in PDF, Epub and Kindle

This is a step-by-step manual of public procurement for government officials, researchers, and students.

Wrap Contracts

Wrap Contracts
Author: Nancy S. Kim
Publisher: Oxford University Press
Total Pages: 239
Release: 2013-09-09
Genre: Law
ISBN: 0199399115

Download Wrap Contracts Book in PDF, Epub and Kindle

When you visit a website, check your email, or download music, you enter into a contract that you probably don't know exists. "Wrap contracts" - shrinkwrap, clickwrap and browsewrap agreements - are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not "just like" other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in "contracting mania" where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don't impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to "accept" in order to participate in modern life. Kim's central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions - such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability - which fairly balance the burden of wrap contracts between businesses and consumers.

Foundations of Public Service

Foundations of Public Service
Author: Douglas F Morgan
Publisher: Routledge
Total Pages: 544
Release: 2015-07-17
Genre: Political Science
ISBN: 1317470273

Download Foundations of Public Service Book in PDF, Epub and Kindle

Designed to serve as a basic text for an introductory course in Public Administration, this innovative work provides students with an understanding of the basic management functions that are covered in all standard textbooks with two important differences. First, it is written to address the needs of both the experienced practitioner and the entry-level public servant. Case examples bridge the content-rich environment of practitioners with the basic principles of public administration sought by pre-service students. Second, the discussion of basic management practices is grounded in the political and ethical tensions inherent in the American constitutional form of governance. This reflects the authors' belief that public administration operates as an integral part of the country's political traditions, and thereby helps define the political culture. The book provides a framework for understanding American political traditions and how they inform public administration as a political practice. Key Changes in the Second Edition include: A new introductory chapter that explains what the authors mean by a constitutional approach and why that is important. An expanded discussion of the role of civil society in promoting the common good. A new section in chapter 5 on New Public Governance. Updated exhibits that incorporate up-to-date census data and revenue figures (chapter 10). A new section in chapter 14 that recognises the importance of maintaining accountability in contract and networked systems of governance. Significantly rewritten chapters to add emphasis on the relevance of the chapter material to nonprofit organisations. A significantly revised bibliography which incorporates new bodies of research that have appeared since the first edition.

Fundamentals of Government Contracting

Fundamentals of Government Contracting
Author: Jay E. Grenig
Publisher: Thomson West
Total Pages: 228
Release: 2010
Genre: Public contracts
ISBN: 9780314910653

Download Fundamentals of Government Contracting Book in PDF, Epub and Kindle

Fundamentals of Construction Law

Fundamentals of Construction Law
Author: L. Franklin Elmore
Publisher:
Total Pages: 386
Release: 2013
Genre: Law
ISBN: 9781627223003

Download Fundamentals of Construction Law Book in PDF, Epub and Kindle

Outlining the basics of construction law, this guide explains the major principles of construction law in a logical, useful format. A must-have for any lawyer practicing in the area, particularly those new to the field, chapters are written by some of the best and most experienced practitioners in construction law. Covering the subjects at the heart of every construction project and dispute, chapter authors offer critical perspective by explaining the views and roles of key parties, including owner, designer, contractor, and surety. In addition to discussing important contract provisions, other topics include insurance, scheduling, government contracts, defects, damages, and ADR.

Fundamentals of Federal Contract Law

Fundamentals of Federal Contract Law
Author: Eugene Massengale
Publisher: Praeger
Total Pages: 0
Release: 1991
Genre: Law
ISBN: 0899306047

Download Fundamentals of Federal Contract Law Book in PDF, Epub and Kindle

Eugene Massengale provides a much needed comprehensive review of the basic federal statutes and implementing regulations governing contracting with the United States government, as interpreted by the courts, boards of contract appeals, and the Comptroller General of the United States. His in-depth examination of the relationship between the common law of contracts and federal contracting also considers the underlying constitutional implications of government procurement. Massengale reviews the principal federal statutes governing contracting with the United States and discusses the authority of government agents to enter into a contract. He reviews the major procurement methods authorized by statute and the case law that has interpreted the regulations prescribing these methods. The author assesses the formality of sealed bidding and the flexibility of negotiation. He discusses the all-important issue of when and what types of changes are permitted under government contracts. He delineates the instances in which a contractor's failure to perform the work contracted for may be excusable and those in which the government may terminate a contract. Other issues considered are the government's right to audit a contractor's records; disputes, claims, and their resolution under the Contract Disputes Act of 1978; and debarment proceedings and the consequences of debarment and suspension. This comprehensive text is a must acquisition for contract administrators in government and industry, lawyers, and contractors doing business with the federal government. It could also be used as a textbook in courses on federal contract law.

Legal Aspects of Public Procurement

Legal Aspects of Public Procurement
Author: Michael Flynn
Publisher: Routledge
Total Pages: 222
Release: 2020-05-17
Genre: Law
ISBN: 1000066924

Download Legal Aspects of Public Procurement Book in PDF, Epub and Kindle

Legal Aspects of Public Procurement, Third Edition provides a glimpse into the relationships between the legal, ethical, and professional standards of public procurement, outlining not only the interconnections of federal, state, and local law but also best practice under comprehensive judicial standards. The book addresses the ever-changing legal structures that work in conjunction and define the public procurement profession, providing recommended guidance for how practitioners can engage in the function while staying ethically aligned. Instead of trying to address every issue at the heart of public procurement, however, the book seeks to establish the history and spirit of the law, outlining how practitioners can engage proactively and willingly to not only perform their function, but to also become advocates for procurement law modernization. This third edition features new chapters on competitive sealed proposals and contract administration, as well as a thoroughly revised and updated chapter on procurement of information technology to better relate to an increasingly digital world. Promoting a start-to-finish guidance of the procurement process, Legal Aspects of Public Procurement explores the relationships between solicitation, proposals, contract administration, and the cutting-edge aspects of technology procurements, providing a theoretical and case-study driven foundation for novice and veteran practitioners alike.