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Getting Back the Public's Money: The Anti-Favoritism Norm in American Property Law

58 Pages Posted: 22 Mar 2010 Last revised: 5 Feb 2013

John Martinez

University of Utah - S.J. Quinney College of Law

Date Written: March 12, 2010

Abstract

Should Congress earmark $5 million in the federal defense budget for a contract to be awarded on a noncompetitive basis to Storyrock, Inc., a private for-profit video company, to make DVD scrapbooks of National Guard units? The "anti-favoritism norm" in American property law seeks to prevent such unfair enhancements. This article suggests that the anti-favoritism norm is an integral part of the fabric of our system of jurisprudence and that if the government does not recapture such funds or assets on its own, then private parties can assert a claim to force the government to do so.

Keywords: anti-favoritism, earmarks, public money recapture, refunds of public money

JEL Classification: A13, D31, D61, D63, D72, E61, G21, G38, H11, H60, H72, K11, K12, K20, K42, P12

Suggested Citation

Martinez, John, Getting Back the Public's Money: The Anti-Favoritism Norm in American Property Law (March 12, 2010). Buffalo Law Review, Vol. 58, p. 619, 2010. Available at SSRN: https://ssrn.com/abstract=1569876

John Martinez (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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