Steven L. Schooner

George Washington University - Law School

Nash & Cibinic Professor of Government Procurement Law

2000 H Street, N.W.

Washington, DC 20052

United States

http://www.law.gwu.edu/steven-l-schooner

SCHOLARLY PAPERS

66

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Scholarly Papers (66)

1.

Desiderata: Objectives for a System of Government Contract Law

Public Procurement Law Review, Vol. 11, p. 103, 2002, GWU Law School, Public Law Research Paper No. 37
Number of pages: 17 Posted: 20 Mar 2002 Last Revised: 13 Nov 2012
Steven L. Schooner
George Washington University - Law School
Downloads 4,524 (2,099)
Citation 10

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2.

Contractor Atrocities at Abu Ghraib: Compromised Accountability in a Streamlined, Outsourced Government

Stanford Law & Policy Review, Vol. 16, p. 549-572, 2005, GWU Law School Public Law Research Paper No. 109, GWU Legal Studies Research Paper No. 109
Number of pages: 25 Posted: 14 Oct 2004 Last Revised: 09 Apr 2014
Steven L. Schooner
George Washington University - Law School
Downloads 1,840 (9,639)

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public procurement, government contract, outsourcing, acquisition workforce, Abu Ghraib, Iraq

3.

Suspension and Debarment: Emerging Issues in Law and Policy

Number of pages: 79 Posted: 12 May 2004
George Washington University - Law School, United States Senator, Crowell & Moring LLP-Washington, DC, Department of the Air Force, Project on Government Oversight, Fried, Frank, Harris, Shriver & Jacobson LLP, Smith, Pachter, McWhorter & Allen, P.L.C., Mayer, Brown, Rowe & Maw LLP - Washington DC Office, George Washington University - Law School, U.S. Army Litigation Center - Contract Appeals Division and Fried, Frank, Harris, Shriver & Jacobson LLP
Downloads 1,562 (12,487)

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contractor disqualification, suspension, debarment, public procurement, corruption, oversight

4.

Public Procurement Systems: Unpacking Stakeholder Aspirations and Expectations

GWU Law School Public Law Research Paper No. 1133234, GWU Legal Studies Research Paper No. 1133234
Number of pages: 26 Posted: 15 May 2008
Steven L. Schooner, Daniel I. Gordon and Jessica L. Wherry
George Washington University - Law School, George Washington University - Law School and Georgetown Law
Downloads 1,116 (20,959)
Citation 1

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public procurement, competition, transparency, efficiency, customer satisfaction, best value

5.

Commercial Purchasing: The Chasm between the United States Government's Evolving Policy and Practice

Chapter 8 in Public Procurement:The Continuing Revolution, Arrowsmith & Trybus, eds., 2003, GWU Law School, Public Law Research Paper No. 25
Number of pages: 63 Posted: 28 Sep 2001 Last Revised: 21 May 2011
Steven L. Schooner
George Washington University - Law School
Downloads 1,013 (24,215)
Citation 1

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public procurement, commercial contracting

6.

Public Procurement: Focus on People, Value for Money and Systemic Integrity, Not Protectionism

THE COLLAPSE OF GLOBAL TRADE, MURKY PROTECTIONISM, AND THE CRISIS: RECOMMENDATIONS FOR THE G20, Chapter 17, Richard Baldwin and Simon Evenett, eds., A VoxEU.org Publication, GWU Legal Studies Research Paper No. 460, GWU Law School Public Law Research Paper No. 460
Number of pages: 7 Posted: 11 Mar 2009
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 917 (27,931)

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public procurement, government contracts, World Trade Organization, Government Procurement Agreement, acquisition workforce, stimulus, protectionism, Buy American

7.

Competitive Sourcing Policy: More Sail than Rudder

Public Contract Law Journal, Vol. 33, p. 263-297, 2004, GWU Law School, Public Law Research Paper No. 86, GWU Legal Studies Research Paper No. 86
Number of pages: 36 Posted: 28 Jan 2004 Last Revised: 29 May 2012
Steven L. Schooner
George Washington University - Law School
Downloads 890 (29,154)

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public procurement, outsourcing, privatization, government contract law

8.

Emerging Policy and Practice Issues (2005)

West Government Contracts Year in Review Conference (Covering 2005), GWU Legal Studies Research Paper No. 193, GWU Law School Public Law Research Paper No. 193
Number of pages: 27 Posted: 28 Feb 2006
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 823 (32,526)

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government contracts, public procurement, acquisition workforce, outsourcing, centralized purchasing, reverse auctions, conflicts of interest

9.

The WTO’s Revised Government Procurement Agreement - An Important Milestone Toward Greater Market Access and Transparency in Global Public Procurement Markets

The Government Contractor, Vol. 54, No. 1, p. 1, January 2012 , GWU Legal Studies Research Paper No. 2012-7, GWU Law School Public Law Research Paper No. 2012-7
Number of pages: 7 Posted: 13 Jan 2012
Robert D. Anderson, Steven L. Schooner and Collin D. Swan
University of Nottingham (UK), George Washington University - Law School and George Washington University - Law School
Downloads 819 (32,735)
Citation 2

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government procurement agreement, World Trade Organization, China, government contracts, transparency, market access

10.

Commentary on the Acquisition Workforce

Government Contractor, Vol. 47, Nos. 203 & 204, 2005, GWU Law School Public Law Research Paper No. 147, GWU Legal Studies Research Paper No. 147
Number of pages: 9 Posted: 06 May 2005
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 815 (32,985)

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public procurement, acquisition workforce, strategic sourcing, federal procurement policy

11.

Emerging Policy and Practice Issues (2004)

West Government Contracts Year in Review Conference (Covering 2004), GWU Law School Public Law Research Paper No. 125, GWU Legal Studies Research Paper No. 125
Number of pages: 31 Posted: 07 Feb 2005 Last Revised: 29 May 2012
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 815 (32,985)

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government procurement, compliance, reverse auctions

12.

Federal Contracting and Acquisition: Progress, Challenges, and the Road Ahead

Chapter in FRAMING A PUBLIC MANAGEMENT RESEARCH AGENDA, p. 30, IBM Center for the Business of Government, 2010, GWU Legal Studies Research Paper No. 483, GWU Law School Public Law Research Paper No. 483
Number of pages: 13 Posted: 27 Jan 2010
Steven L. Schooner
George Washington University - Law School
Downloads 780 (34,987)

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public procurement, acquisition workforce, government contracting, outsourcing, major systems acquisition, incentives

13.

Fear of Oversight: The Fundamental Failure of Business-Like Government

GWU Law School, Public Law Research Paper No. 22
Number of pages: 100 Posted: 13 Sep 2001
Steven L. Schooner
George Washington University - Law School
Downloads 762 (36,106)
Citation 3

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14.

Dead Contractors: The Un-Examined Effect of Surrogates on the Public’s Casualty Sensitivity

Journal of National Security Law & Policy, 2012, GWU Law School Public Law Research Paper No. 555, GWU Legal Studies Research Paper No. 555
Number of pages: 49 Posted: 01 May 2011 Last Revised: 10 Apr 2012
Steven L. Schooner and Collin D. Swan
George Washington University - Law School and George Washington University - Law School
Downloads 757 (36,457)

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contractor fatalities, casualty sensitivity, public support for military operations, Defense Base Act, government contracts, public procurement, outsourcing, contracting out, Iraq, Afghanistan, transparency, accountability, private security

15.

Too Dependent on Contractors? Minimum Standards for Responsible Governance

Journal of Contract Management, Vol. 8, p. 9-25, 2008, GWU Law School Public Law Research Paper No. 435, GWU Legal Studies Research Paper No. 435
Number of pages: 18 Posted: 05 Sep 2008 Last Revised: 29 May 2012
Steven L. Schooner and Daniel S. Greenspahn
George Washington University - Law School and George Washington University - Law School
Downloads 717 (39,225)

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public procurement, outsourcing, privatization, government contract law, acquisition workforce

16.

Model Behaviour? Anecdotal Evidence of Tension between Evolving Commercial Public Procurement Practices and Trade Policy

Number of pages: 20 Posted: 07 Nov 2002
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 661 (43,769)

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public procurement, commercial purchasing, government procurement agreement, world trade organization (WTO), transparency, competition

17.

Emerging Policy and Practice Issues (2006)

GWU Legal Studies Research Paper No. 250, GWU Law School Public Law Research Paper No. 250, West Government Contracts Year in Review Conference, 2006
Number of pages: 21 Posted: 13 Mar 2007 Last Revised: 08 Mar 2011
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 628 (46,883)

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acquisition workforce, acquisition advisory panel, interagency contracting, government procurement, procurement data, competitive sourcing

18.

Risky Business: Managing Interagency Acquisition

The Government Contractor, Vol. 47, No. 14, 2005, GWU Law School Public Law Research Paper No. 138, GWU Legal Studies Research Paper No. 138
Number of pages: 6 Posted: 12 Apr 2005 Last Revised: 31 May 2012
Steven L. Schooner
George Washington University - Law School
Downloads 616 (48,066)

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interagency acquisition, task and delivery orders, contract management

19.

Suing the Government as a 'Joint Employer' - Evolving Pathologies of the Blended Workforce

Government Contractor, Vol. 52, No. 39, p.341, October 2010, GWU Legal Studies Research Paper No. 517, GWU Law School Public Law Research Paper No. 517
Number of pages: 7 Posted: 21 Oct 2010 Last Revised: 31 May 2012
Steven L. Schooner and Collin D. Swan
George Washington University - Law School and George Washington University - Law School
Downloads 591 (50,735)

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blended workforce, personal services contracts, outsourcing, Title VII, joint employer liability, employment discrimination, EEOC

20.

Incrementalism: Eroding the Impediments to a Global Public Procurement Market

Georgetown Journal of International Law, Vol. 38, p. 529-576, 2007, GWU Legal Studies Research Paper No. 320, GWU Law School Public Law Research Paper No. 320
Number of pages: 49 Posted: 24 Jul 2007 Last Revised: 27 Sep 2012
Christopher R. Yukins and Steven L. Schooner
George Washington University - Law School and George Washington University - Law School
Downloads 527 (58,643)

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public procurement, domestic preferences, globalization, World Trade Organization, Government Procurement Agreement, Berry Amendment, information technology, framework agreements, interagency contracting

21.

Emerging Policy and Practice Issues (2011)

WEST GOVERNMENT CONTRACTS YEAR IN REVIEW CONFERENCE COVERING 2011 CONFERENCE BRIEFS, Thomas Reuters, 2012, GWU Legal Studies Research Paper No. 2012-13, GWU Law School Public Law Research Paper No. 2012-13
Number of pages: 17 Posted: 03 Mar 2012
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 522 (59,375)

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Government Contracts, Public Procurement, Acquisition Workforce, Outsourcing, Major Systems Acquisition, Procurement Spending, Special Interests, Toxic Environment, Service Contracts, Information Technology

22.

A Random Walk: The Federal Circuit’s 2010 Government Contracts Decisions

American University Law Review, Vol. 60, p. 1067, 2011, GWU Legal Studies Research Paper No. 549, GWU Law School Public Law Research Paper No. 549
Number of pages: 55 Posted: 14 Apr 2011
Steven L. Schooner
George Washington University - Law School
Downloads 504 (62,048)

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Federal Circuit, government contracts, public procurement, bid protests, contract administration, implied warranty, judicial specialization, Winstar, spent nuclear fuel, fairness to contractors, government accountability

23.

The Future: Scrutinizing the Empirical Case for the Court of Federal Claims

GWU Law School, Public Law Research Paper No. 50
Number of pages: 86 Posted: 29 Nov 2002
Steven L. Schooner
George Washington University - Law School
Downloads 491 (64,092)
Citation 1

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24.

The Contract Management Body of Knowledge: Understanding an Essential Tool for the Acquisition Profession

CONTRACT MANAGEMENT, 36 (December 2013), GWU Law School Public Law Research Paper No. 2013-135, GWU Legal Studies Research Paper No. 2013-135
Number of pages: 7 Posted: 07 Dec 2013
Neal Couture and Steven L. Schooner
George Washington University - Law School and George Washington University - Law School
Downloads 472 (67,264)

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25.

In Memoriam, John Cibinic, Jr.

Public Contract Law Journal, Vol. 35, No. 1, 2005, GWU Legal Studies Research Paper No. 169
Number of pages: 23 Posted: 27 Oct 2005
George Washington University - Law School, Government of the United States of America - Agricultural Research Service (ARS), A-76 Institute, Wood Crapo, LLC, Smith, Pachter, McWhorter & Allen, P.L.C., Bradley Arant Rose & White LLP, Oles Morrison Rinker & Baker, Miller & Chevalier and George Washington University - Law School
Downloads 464 (68,899)

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26.

Emerging Policy and Practice Issues (2010)

WEST GOVERNMENT CONTRACTS YEAR IN REVIEW CONFERENCE COVERING 2010 CONFERENCE BRIEFS, Thompson Reuters, 2011, GWU Legal Studies Research Paper No. 529, GWU Law School Public Law Research Paper No. 529
Number of pages: 18 Posted: 01 Mar 2011 Last Revised: 06 Mar 2013
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 432 (74,884)

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Government Contracts, Public Procurement, Acquisition Workforce, Outsourcing, Major Systems Acquisition, Procurement Spending, Special Interests, Toxic Environment, Service Contracts, Personal Services Prohibition

27.

Tempering 'Buy American' in the Recovery Act - Steering Clear of a Trade War

Government Contractor, Vol. 51, No. 10, 2009 , GWU Legal Studies Research Paper No. 462, GWU Law School Public Law Research Paper No. 462
Number of pages: 8 Posted: 12 Mar 2009
Steven L. Schooner and Christopher R. Yukins
George Washington University - Law School and George Washington University - Law School
Downloads 420 (77,425)

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Buy American, World Trade Organization, Government Procurement Agreement, Recovery Act, Federal Acquisition Regulations, Protectionism

28.

Contractors and the Ultimate Sacrifice

Service Contractor, p. 16, September 2010, GWU Legal Studies Research Paper No. 512, GWU Law School Public Law Research Paper No. 512
Number of pages: 4 Posted: 19 Sep 2010
Steven L. Schooner and Collin D. Swan
George Washington University - Law School and George Washington University - Law School
Downloads 394 (83,352)

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Contractor Fatalities, Faces of the Fallen, Privatization, Outsourcing, Private Security, Government Contracts, Public Procurement

29.

Review Essay: Reading the Dream Machine: The Untold Story of the Notorious V-22 Osprey, by Richard Whittle, in Light of the Defense Acquisition Performance Study

Vol. 43, No. 3 Public Contract Law Journal 391 (Spring 2014), GWU Law School Public Law Research Paper No. 2014-14, GWU Legal Studies Research Paper No. 2014-14
Number of pages: 33 Posted: 02 May 2014
Steven L. Schooner and Nathaniel Castellano
George Washington University - Law School and Arnold & Porter
Downloads 389 (84,597)

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government contracts, public procurement, defense acquisition, procurement spending, performance measures, acquisition metrics, program management, appropriations, tiltrotor, boeing, bell, V-22 Osprey, Marines, Air Force

30.

Emerging Policy and Practice Issues (2013)

West Government Contracts Year in Review Conference Covering 2012 Conference Briefs, Thomson Reuters, 2013, GWU Legal Studies Research Paper No. 2013-38, GWU Law School Public Law Research Paper No. 2013-38
Number of pages: 15 Posted: 03 Mar 2013
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 372

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Government Contracts, Public Procurement, Acquisition Workforce, Outsourcing, Procurement Spending, Toxic Environment, Sequestration, Grants, Contractor Fatalities

31.

A Modest Proposal to Enhance Civil/Military Integration: Rethinking the Renegotiation Regime as a Regulatory Mechanism to Decriminalize Cost, Pricing, and Profit Policy

GWU Law School Public Law Research Paper No. 178
Number of pages: 15 Posted: 13 Dec 2005
William E. Kovacic and Steven L. Schooner
George Washington University - Law School and George Washington University - Law School
Downloads 368 (90,288)

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Truth in Negotiations Act, TINA, Renegotiation Act, profit policy, government contracts, public procurement

32.

Communicating Governance: Will Plain English Drafting Improve Regulation?

George Washington Law Review, Vol. 70, No. 1, 2002, GWU Law School Public Law Research Paper No. 031
Number of pages: 32 Posted: 22 Nov 2001 Last Revised: 10 Apr 2012
Steven L. Schooner
George Washington University - Law School
Downloads 347 (96,573)

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33.

Emerging Policy and Practice Issues (2009)

West Government Contracts Year in Review Conference (Covering 2009), GWU Legal Studies Research Paper No. 491, GWU Law School Public Law Research Paper No. 491
Number of pages: 16 Posted: 02 Mar 2010
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 337 (99,767)

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government contracts, public procurement, acquisition workforce, outsourcing, major systems acquisition, procurement spending, special interests, toxic environment

34.

Emerging Policy and Practice Issues (2018)

West Government Contracts Year in Review Conference - Covering 2017 - Conference Briefs (Thomson Reuters, 2018), GWU Law School Public Law Research Paper No. 2018-06, GWU Legal Studies Research Paper No. 2018-06
Number of pages: 18 Posted: 07 Mar 2018
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 334 (100,773)

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Government Contracts, Public Procurement, Defense, Acquisition Workforce, Outsourcing, Procurement Spending, Infrastructure, performance measures, Grants, Trump Administration, Deregulation, Compliance, RAND protest report, Contract Administration

35.

The Good, the Bad and the Ugly: EU's Internal Market, Public Procurement Thresholds and Cross-Border Interest (with Editor's Note)

Public Contract Law Journal, Vol. 43, p.3-25, 2013
Number of pages: 27 Posted: 11 Aug 2013 Last Revised: 13 May 2014
Pedro Telles and Steven L. Schooner
Copenhagen Business School - CBS Law and George Washington University - Law School
Downloads 333 (101,136)

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public procurement, internal markat, EU, European Union, public contracts, thresholds, EU Treaty, Court of Justice, cross-border interest

36.

Why Contractor Fatalities Matter

Parameters, Vol. 38, No. 3, p. 78, Autumn 2008, GWU Law School Public Law Research Paper No. 455, GWU Legal Studies Research Paper No. 455
Number of pages: 15 Posted: 18 Nov 2008
Steven L. Schooner
George Washington University - Law School
Downloads 332 (101,465)

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contractor fatalities, defense acquisition, government contracts, Iraq, Afghanistan, outsourcing, private security, representative democracy

37.

Emerging Policy and Practice Issues (2007)

West Government Contracts Year in Review Conference - Covering 2007, GWU Legal Studies Research Paper No. 399, GWU Law School Public Law Research Paper No. 399
Number of pages: 23 Posted: 28 Mar 2008 Last Revised: 21 May 2011
Steven L. Schooner and Danielle M. Conway
George Washington University - Law School and Penn State Dickinson Law
Downloads 331

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acquisition workforce, acquisition advisory panel, Iraq, government procurement, procurement data, competitive sourcing, compliance, presidential candidates

38.

Emerging Policy and Practice Issues (2014)

West Government Contracts Year in Review Conference Covering 2013 Conference Briefs, Thomson Reuters, 2014 , GWU Legal Studies Research Paper No. 2014-1, GWU Law School Public Law Research Paper No. 2014-1
Number of pages: 19 Posted: 05 Mar 2014
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 319

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Government Contracts, Public Procurement, Acquisition Workforce, Outsourcing, Procurement Spending, performance measures, acquisition metrics, Toxic Environment, Grants, Contractor Fatalities

39.

Post-Katrina Reconstruction Liability: Exposing the Inferior Risk-Bearer

Harvard Journal on Legislation, Vol. 43, No. 2, p. 287-327, 2006, GWU Law School Public Law Research Paper No. 205, GWU Legal Studies Research Paper No. 205
Number of pages: 50 Posted: 02 May 2006 Last Revised: 29 May 2012
Steven L. Schooner and Erin Pfeffer
George Washington University - Law School and Montgomery, McCracken, Walker & Rhoads, LLP
Downloads 256 (133,908)

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Hurricane Katrina, insurance and indemnification, government contractor defense, moral hazard, least cost risk avoider, superior risk bearer

40.

Brand Name or Equal: Without "Equal," It's Not Competitive

34 Nash & Cibinic Report ¶ 52 (Thomson Reuters 2020), GWU Legal Studies Research Paper No. 2020-72, GWU Law School Public Law Research Paper No. 2020-72
Number of pages: 8 Posted: 08 Oct 2020
Steven L. Schooner
George Washington University - Law School
Downloads 254 (135,471)

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Government Contracts, Public Procurement, competition, brand name, unduly restrictive specifications, Competition in Contracting Act (CICA)

41.

Emerging Policy and Practice Issues (2015)

West Government Contracts Year in Review Conference Covering 2014 Conference Briefs, Thomson Reuters, 2015, GWU Law School Public Law Research Paper No. 2015-1, GWU Legal Studies Research Paper No. 2015-1
Number of pages: 17 Posted: 01 Mar 2015
Steven L. Schooner
George Washington University - Law School
Downloads 253 (135,471)

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Government Contracts, Public Procurement, Defense, Acquisition Workforce, Outsourcing, Procurement Spending, performance measures, acquisition metrics, Grants, Better Buying Power

42.

Emerging Policy and Practice Issues (2016)

West Government Contracts Year in Review Conference Covering 2015 Conference Briefs, Thomson Reuters, 2016 , GWU Law School Public Law Research Paper No. 2016-5, GWU Legal Studies Research Paper No. 2016-5
Number of pages: 19 Posted: 07 Mar 2016
Steven L. Schooner and Neal Couture
George Washington University - Law School and George Washington University - Law School
Downloads 206 (164,966)

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Government Contracts, Public Procurement, Defense, Acquisition Workforce, Outsourcing, Procurement Spending, performance measures, acquisition metrics, Grants, Better Buying Power, Category Management

43.

Emerging Policy and Practice Issues (2008)

West Government Contracts Year in Review Conference (Covering 2008), GWU Legal Studies Research Paper No. 459, GWU Law School Public Law Research Paper No. 459
Number of pages: 20 Posted: 11 Mar 2009
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 198 (171,321)

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government contracts, public procurement, acquisition workforce, outsourcing, private military, private security contractors, procurement spending, Iraq, Afghanistan, Status of Forces Agreement, compliance, defense reform

44.

Foreword to Scholarly Writing: Ideas, Examples, and Execution

Carolina Academic Press (Jessica L. Clark & Kristen E. Murray, Second Edition, Forthcoming 2012), GWU Legal Studies Research Paper No. 2012-29, GWU Law School Public Law Research Paper No. 2012-29
Number of pages: 4 Posted: 30 Mar 2012
Steven L. Schooner
George Washington University - Law School
Downloads 180 (186,600)

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scholarly writing, thesis, student notes, legal research and writing

Look Up and Around: Musings on Mentors, Role Models, and Professionalism

Contract Management, p. 32, March 2014, GWU Law School Public Law Research Paper No. 2014-6, GWU Legal Studies Research Paper No. 2014-6
Number of pages: 9 Posted: 02 Apr 2014
Steven L. Schooner
George Washington University - Law School
Downloads 140 (231,002)

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Look Up and Around: Musings on Mentors, Role Models, and Professionalism (Revised and Updated)

60 Contract Management, Issue 1, 34, 2020, GWU Legal Studies Research Paper No. 2020-02, GWU Law School Public Law Research Paper No. 2020-02
Number of pages: 7 Posted: 21 Jan 2020
Steven L. Schooner
George Washington University - Law School
Downloads 38 (489,738)

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government contracts, public procurement, education, mentoring, networking, professional development, writing, optimism

46.

The FTCA Discretionary Function Exception and Accounting Malpractice

The Army Lawyer, March 1999 and September 1996, GWU Law School Public Law Research Paper No. 302, GWU Legal Studies Research Paper No. 302
Number of pages: 12 Posted: 14 Jul 2007
Steven L. Schooner
George Washington University - Law School
Downloads 178 (188,474)

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Federal Torts Claims Act (FTCA), discretionary function exception, accounting malpractice, government contracts

47.

Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights to Raise Affirmative Defenses with Sovereign Immunity

21 Federal Circuit Bar Journal 686 (2012), GWU Legal Studies Research Paper No. 2012-51, GWU Law School Public Law Research Paper No. 2012-51
Number of pages: 41 Posted: 12 Jun 2012 Last Revised: 14 Jun 2012
Steven L. Schooner and Pamela Kovacs
George Washington University - Law School and George Washington University - Law School
Downloads 176 (190,328)

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Government contracts, Federal Circuit, affirmative defense, government claim, Contract Disputes Act, contract administration, fairness to contractors

48.

Graduate Level Distance Learning: Enhanced Student Experience, Significant Scalability Challenges: A Multiyear Case Study

Journal of Legal Education (2020 Forthcoming), GWU Legal Studies Research Paper No. 2020-34, GWU Law School Public Law Research Paper No. 2020-34
Number of pages: 27 Posted: 28 May 2020
Karen Thornton, Steven L. Schooner and Markus Speidel
George Washington University - Law School, George Washington University - Law School and George Washington University - Law School
Downloads 164 (202,226)

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distance education, online teaching, flipped classroom, scaffolded learning, instructional design, lessons learned, learning objectives, outcome assessment, culture change, growth mindset, chunking, microlearning, learning management systems, government contracts, public procurement

49.

Indefinite-Delivery/Indefinite-Quantity Contracts: Time to Correlate Practice and Policy?

Steven L. Schooner, Indefinite-Delivery/Indefinite-Quantity Contracts: Time to Correlate Practice and Policy?, 32 Nash & Cibinic Rep. ¶ 44 (2018)., GWU Law School Public Law Research Paper No. 2018-38, GWU Legal Studies Research Paper No. 2018-38
Number of pages: 6 Posted: 31 Aug 2018
Steven L. Schooner
George Washington University - Law School
Downloads 161 (205,474)

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IDIQ's, task and delivery order contracts, government contracts, defense acquisition, contract type, single award, multiple award preference, competition, determination and findings (D&F), Government Accountability Office (GAO), Federal Acquisition Regulation

50.

Reinvigorating Innovation: Lessons Learned from the Wright Brothers

Contract Management, Volume 56, Page 46 (April 2016), GWU Law School Public Law Research Paper No. 2016-8, GWU Legal Studies Research Paper No. 2016-8
Number of pages: 11 Posted: 06 Apr 2016
Steven L. Schooner and Nathaniel Castellano
George Washington University - Law School and Arnold & Porter
Downloads 135 (237,236)

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innovation, wright brothers, prizes, contests, challenges, public procurement, defense acquisition, better buying power, research and development, fly before you buy, risk

51.

Prizes! Innovating, Risk Shifting, and Avoiding Contracts and Grants

The Public Manager, page 33 (Winter 2014), Forum on "Acquisition: Short-Term Tactics and Long-Term Change", GWU Law School Public Law Research Paper No. 2014-58, GWU Legal Studies Research Paper No. 2014-58
Number of pages: 3 Posted: 20 Dec 2014
Steven L. Schooner and Nathaniel Castellano
George Washington University - Law School and Arnold & Porter
Downloads 126 (250,100)

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contracts, grants, prizes, contests, challenge, gov, innovation, dispute resolution

52.

Watching the Sunset: Anticipating Gao's Study of Concurrent Bid Protest Jurisdiction in the Cofc and the District Courts

The Government Contractor, Vol. 42, No. 12, 2000, GWU Law School Public Law Research Paper No. 146, GWU Legal Studies Research Paper No. 146
Number of pages: 11 Posted: 04 May 2005 Last Revised: 31 May 2012
Steven L. Schooner
George Washington University - Law School
Downloads 126 (250,100)

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Scanwell, protests, disappointed offeror litigation

53.

Bid Protests: The RAND Study of DOD Protests at the GAO and the COFC

32 Nash & Cibinic Report ¶ 10 (February 2018), GWU Law School Public Law Research Paper No. 2018-11, GWU Legal Studies Research Paper No. 2018-11
Number of pages: 6 Posted: 19 Mar 2018
Steven L. Schooner
George Washington University - Law School
Downloads 121 (257,895)

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Bid Protests, Government Accountability Office (GAO), Court of Federal Claims, RAND Study, Government Contracts, Defense Acquisition, Disappointed Offeror Litigation, Frivolous Protests

54.

What Next? A Heuristic Approach to Revitalizing the Contract Disputes Act of 1978

Public Contract Law Journal, Vol. 28, p. 635, 1999, GWU Law School Public Law Research Paper No. 298, GWU Legal Studies Research Paper No. 298
Number of pages: 23 Posted: 14 Jul 2007
Steven L. Schooner
George Washington University - Law School
Downloads 105 (285,223)

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Contract Disputes Act, litigation, sovereign immunity, administrative judges, boards of contract appeals, Court of Federal Claims, specialized courts

55.

Dawn of the Intercontinental Sniper: The Drone's Cascading Contribution to the Modern Battlefield's Complexity: A Review Essay of Predator: The Secret Origins of the Drone Revolution, by Richard Whittle

8 Journal of National Security Law & Policy 321 (2016) , GWU Law School Public Law Research Paper No. 2015-39, GWU Legal Studies Research Paper No. 2015-39
Number of pages: 15 Posted: 04 Oct 2015 Last Revised: 19 Apr 2016
Steven L. Schooner and Nathaniel Castellano
George Washington University - Law School and Arnold & Porter
Downloads 104 (287,148)

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public procurement, defense acquisition, unmanned aerial vehicle (UAV), remotely piloted vehicles (RPV), drones, predator, Iraq, Afghanistan, law of war, outsourcing, innovation

56.

Commercial Products and Services: Raising the Market Research Bar or Much Ado about Nothing?

32 Nash & Cibinic Report 52 (November 2018), GWU Law School Public Law Research Paper No. 2018-74, GWU Legal Studies Research Paper No. 2018-74
Number of pages: 8 Posted: 01 Nov 2018
Steven L. Schooner
George Washington University - Law School
Downloads 100 (294,866)

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Commercial purchasing, commercial products and services, market research, government contracts, defense acquisition, Administrative Procedure Act (APA), statutory interpretation; Federal Acquisition Regulation (FAR)

57.

Eyes on the Prize, Head in the Sand: Filling the Due Process Vacuum in Federally Administered Contests

24 Federal Circuit Bar Journal 391 (2015), GWU Legal Studies Research Paper No. 2015-5, GWU Law School Public Law Research Paper No. 2015-5
Number of pages: 44 Posted: 26 Mar 2015
Steven L. Schooner and Nathaniel Castellano
George Washington University - Law School and Arnold & Porter
Downloads 88 (319,830)

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contracts, grants, prizes, contests, challenges, innovation, dispute resolution, bid protests, implied contracts, research and development, unilateral contracts

58.

False Claims Act: Greater DOJ Scrutiny of Frivolous Qui Tam Actions?

Steven L. Schooner, False Claims Act: Greater DOJ Scrutiny of Frivolous Qui Tam Actions?, 32 NASH & CIBINIC REP. ¶ 20 (2018). , GWU Law School Public Law Research Paper No. 2018-12, GWU Legal Studies Research Paper No. 2018-12
Number of pages: 7 Posted: 29 Mar 2018
Steven L. Schooner
George Washington University - Law School
Downloads 76 (349,166)

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False Claims Act, Qui Tam, Relators, Fraud, Government Contracts, Defense Acquisition, Department of Justice, Frivolous Claims, Gate-Keeping Function, Moral Hazard

59.

Book Review: 'The Invisible Soldiers: How America Outsourced Our Security' by Ann Hagedorn

Volume 44, Parameters, Page 152 (Issue 3, Autumn 2014), GWU Law School Public Law Research Paper No. 2014-54, GWU Legal Studies Research Paper No. 2014-54
Number of pages: 4 Posted: 26 Nov 2014
Steven L. Schooner
George Washington University - Law School
Downloads 76 (349,166)

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outsourcing, government contracts, defense acquisition, arms-bearing contractors, privatized security, private military, PMC's, PMSC's, Montreaux, Blackwater, mercenaries

60.

Feature Comment: The Well-Reasoned Case for Reversing the Outsourcing Trend: A Review Essay of Jon Michaels’ Constitutional Coup: Privatization's Threat to the American Republic

Steven L. Schooner, Feature Comment: The Well-Reasoned Case for Reversing the Outsourcing Trend: A Review Essay of Jon Michaels’ Constitutional Coup: Privatization’s Threat to the American Republic, 59 Gov’t Contractor ¶ 319, Oct. 25, 2017, at 1. , GWU Law School Public Law Research Paper No. 2017-74, GWU Legal Studies Research Paper No. 2017-74
Number of pages: 7 Posted: 27 Oct 2017 Last Revised: 02 Nov 2017
Steven L. Schooner
George Washington University - Law School
Downloads 68 (371,223)

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Privatization, Outsourcing, Contracting Out, Government Contracts, Defense Acquisition, Administrative Law, Chevron, Separation of Powers

61.

Enhanced Debriefings: A Toothless Mandate?

34 Nash & Cibinic Report ¶ 10 (2020), GWU Legal Studies Research Paper No. 2020-05, GWU Law School Public Law Research Paper No. 2020-05
Number of pages: 7 Posted: 07 Feb 2020 Last Revised: 01 Oct 2020
Steven L. Schooner
George Washington University - Law School
Downloads 59 (398,952)

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debriefings, enhanced debriefings, transparency, bid protests, government contracts, defense acquisition, negotiated procurement, Federal Acquisition Regulations (FAR)

62.

‘Warming Up’ to Sustainable Procurement

60 Contract Management, Issue 10, 32 (October 2020), GWU Legal Studies Research Paper No. 2020-70, GWU Law School Public Law Research Paper No. 2020-70
Number of pages: 11 Posted: 23 Sep 2020
Steven L. Schooner and Markus Speidel
George Washington University - Law School and George Washington University - Law School
Downloads 56 (409,270)

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Government Contracts, Public Procurement, Defense, Acquisition Workforce, climate change, Anthropocene, sustainable procurement, global warming, Paris Agreement, Trump Administration, Micro-purchases, Performance Measures, Lifecycle Costing, Externalities, tyranny of low price, culture change, ladde

63.

Emerging Policy and Practice Issues (2017)

West Government Contracts Year in Review Conference - Covering 2016 - Conference Briefs (Thomson Reuters, 2017), GWU Law School Public Law Research Paper No. 2017-7, GWU Legal Studies Research Paper No. 2017-7
Number of pages: 16 Posted: 02 Mar 2017
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
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Government Contracts, Public Procurement, Defense, Acquisition Workforce, Outsourcing, Procurement Spending, performance measures, Grants, Better Buying Power, Trump Administration, Private Prisons, Deregulation, Compliance, Conflicts of Interest

64.

Emerging Policy and Practice Issues (2018)

Thomson Reuters Government Contracts Year in Review Conference - Covering 2018 - Conference Briefs (Thomson Reuters, 2019), GWU Law School Public Law Research Paper No. 2019-20, GWU Legal Studies Research Paper No. 2019-20
Number of pages: 22 Posted: 10 Apr 2019
Steven L. Schooner and David J. Berteau
George Washington University - Law School and President & CEO, Professional Services Council
Downloads 43

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Government Contracts, Public Procurement, Defense, Acquisition Workforce, Outsourcing, Trump Administration, Deregulation, Micro-purchases, Simplified Acquisition Threshold, Other Transactions (OT’s), Section 809 and 813 Panels; Adaptive Acquisition Framework, Contracting Cone, Infrastructure, Human

65.

Postscript II: Enhanced Debriefings

34 Nash & Cibinic Report ¶ 26 (May 2020), GWU Legal Studies Research Paper No. 2020-27, GWU Law School Public Law Research Paper No. 2020-27
Number of pages: 5 Posted: 13 May 2020
Steven L. Schooner
George Washington University - Law School
Downloads 28 (528,978)

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Debriefings, enhanced debriefings, transparency, bid protests, government contracts, defense acquisition, negotiated procurement, Federal Acquisition Regulations (FAR), inspector general

66.

Emerging Policy and Practice Issues (2019)

Thomson Reuters Government Contracts Year in Review Conference - Covering 2019 - Conference Briefs (Thomson Reuters, 2020), GWU Legal Studies Research Paper No. 2020-11, GWU Law School Public Law Research Paper No. 2020-11
Number of pages: 15 Posted: 24 Mar 2020
Steven L. Schooner
George Washington University - Law School
Downloads 13 (625,340)

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Government Contracts, Public Procurement, Defense, Acquisition Workforce, Outsourcing, sustainable procurement, Trump Administration, OFPP (Office of) Federal Procurement Policy) Deregulation, Micro-purchases, Simplified Acquisition Threshold, Other Transactions (OT’s), Section 809 Panel; Infrastruc