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38 Pub. Cont. L.J. [i] (2008-2009)

handle is hein.journals/pubclj38 and id is 1 raw text is: PUBLIC CONTRACT LAW JOURNAL
VOLUME 38, NUMBER 1                                              FALL 2008
Published by the Section of Public Contract Law, American Bar Association
in cooperation with The George Washington University Law School
CONTENTS
ARTICLES
Protection and Protectionism: The Practicalities of Offshore
Software Development in Government Procurement
David A. Kessler
The Slow Erosion of Suretyship Principles: An Uncertain
Future for Pay-When-Paid and Pay-If-Paid Clauses
in Public Construction Subcontracts
Steven J. Koprince                                                         47
Competition and Transparency: What Works for
Public Procurement Reform
JenniferJo Snider Smith                                                     85
The Implied Certification Theory: When Should the False Claims Act
Reach Statements Never Spoken or Communicated, but Only Implied?
Susan C. Levy, DanielJ. Winters, and .ohn R. Richards                     131
Litigation on Public Contract Performance: A Comparative Study
of the Treatment of Additional Costs and Contract Equilibrium
by Administrative Judges in the United States and France
Thierry Kirat and Laurent Vidal                                           153
The Boundaries of Contract Law in Cyberspace
Leon E. Trakman                                                            187
NOTES
1,000 Trucks Can't All Be Wrong: The Untenable Reality
of the Specialty Metals Requirement
Paul M. Kerlin                                                            237
Coordinating the Forces: Military Command of Non-DoD
Contractors in Battlespace Emergencies
Matthew Chow                                                              259
Mission Not Accomplished: Missing Billions in Iraq, Enhanced
Whistleblower Protections, and a Large Failure in a Small Step
Lindsey Nelson                                                            277
Amending the Qui Tam Intervention Provisions: Setting Debar Higher?
Tara L. Ward                                                              297

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