Government Contracts and the Federal Circuit: A History of Judicial Remedies Against the Sovereign

Journal of the Federal Circuit Historical Society, Volume 8, 2014

15 Pages Posted: 20 Mar 2016

See all articles by Collin D. Swan

Collin D. Swan

Office of Suspension and Debarment, The World Bank; George Washington University - Law School

Date Written: 2014

Abstract

This article reviews the origins and history of the government contracts jurisdiction of the U.S. Court of Appeals for the Federal Circuit. The foundations of this jurisdiction extend back to efforts in the early 1800s to create a mechanism to enforce judicially the Government’s obligations and to reduce the in flux of private petitions before Congress. These efforts led to the creation of an exclusive judicial forum designed to decide claims against the Government. This forum, which was known as the Court of Claims, existed for more than 120 years until Congress passed the Federal Courts Improvement Act of 1982 and created the Federal Circuit by merging the Court of Claims with the Court of Customs and Patent Appeals.

Keywords: government contracts, federal circuit, sovereign remedies, jurisdiction, public procurement

JEL Classification: H57, K12, K23, K41

Suggested Citation

Swan, Collin D. and Swan, Collin D., Government Contracts and the Federal Circuit: A History of Judicial Remedies Against the Sovereign (2014). Journal of the Federal Circuit Historical Society, Volume 8, 2014, Available at SSRN: https://ssrn.com/abstract=2750119

Collin D. Swan (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Office of Suspension and Debarment, The World Bank

1818 H Street, NW
Washington, DC 20433
United States

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