Government Contracts

This essay is a valid legal argument-style essay advocating for the benefits and opportunities to transition government contracting regulations from Earned Value Management (EVM)-based performance incentive fees to a product-focused incentive concept. This essay integrates legal reasoning grounded in the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and other statutory authorities, while addressing foreseeable counterarguments and offering a compelling case for reform. The argument is structured to persuade policymakers, contracting officers, and stakeholders of the merits aligned with this concept. This is not a scientific research project but rather a legal business case argument advancing modernization of robust inefficient government systems.

Medical devices designed to network can share data with a Clinical Information System (CIS), making that data available within clinician workflow. Some lessons learned by transitioning anesthesia reporting and monitoring devices (ARMDs) on a local area network (LAN) to integration of anesthesia documentation within a CIS include the following categories: access, contracting, deployment, implementation, planning, security, support, training and workflow integration. Areas identified for improvement include: Vendor requirements for access reconciled with the organizations' security policies and procedures. Include clauses supporting transition from stand-alone devices to information integrated into clinical workflow in the medical device procurement contract. Resolve deployment and implementation barriers that make the process less efficient and more costly. Include effective field communication and creative alternatives in planning. Build training on the baseline knowledge of trainees. Include effective help desk processes and metrics. Have a process for determining where problems originate when systems share information.

Medical devices designed to network can share data with a Clinical Information System (CIS), making that data available within clinician workflow. Some lessons learned by transitioning anesthesia reporting and monitoring devices (ARMDs) on a local area network (LAN) to integration of anesthesia documentation within a CIS include the following categories: access, contracting, deployment, implementation, planning, security, support, training and workflow integration. Areas identified for improvement include: Vendor requirements for access reconciled with the organizations' security policies and procedures. Include clauses supporting transition from stand-alone devices to information integrated into clinical workflow in the medical device procurement contract. Resolve deployment and implementation barriers that make the process less efficient and more costly. Include effective field communication and creative alternatives in planning. Build training on the baseline knowledge of tra...

During the 1970s, self-determination was institutionalized as official U.S. Indian policy through federal legislation and administrative guidelines. The seeds of this policy date to the Indian New Deal in the 1920s when John Collier's Indian reform movement sought to lessen the autocratic power of the Bureau of Indian Affairs (BIA) by institution "indirect administration" through native political structures under the supervision of colonial administrators. The Indian Reorganization Act provided the basis for tribal government, but resulted in standardization of tribal governments and centralization of BIA power. After World War II, the federal government tried to force Indian assimilation by terminating aspects of the special federal-Indian relationship and relocating many reservation residents to urban areas. Heightened Indian consciousness, new intertribal organizational structures, and increased availability of legal representation to tribes during the termination p...

Even when controlling for demographic characteristics, prisoners are far more likely than people in the general population to suffer from periodontal disease, to have unresolved oral health issues, to have decayed teeth, and/or to be missing teeth. 1 Correlates of poor oral health, such as poor nutrition and smoking, are more prevalent among people of lower socioeconomic status, and this same population is at higher risk than others for offending and incarceration. 2 For some, prison is the only time in their adult lives when they will have seen a dentist. There are few free dental clinics in communities, regardless of economic climate, and there are almost none that serve adults. 3 Dental care is expensive, and dental insurance is rarely provided to employees in lower income jobs. 4 Therefore, many will enter correctional facilities having been financially precluded from seeking dental care even if they had wanted it. Attention to dental health is often overlooked among persons involved in

Most Washington law firms already have part-time policies. They also have high attrition, few women partners, lower profits, and clients who are increasingly dissatisfied with high turnover. Law firms have yet to learn what corporate America already knows: restructuring part-time work to make it professionally rewarding will cure these ills. The issue confronting law firms is how to make their part-time programs effective retention tools. In this final report, the Project for Attorney Retention ("PAR") concludes that most existing parttime programs do little to stem attrition because they do not offer usable and effective programs. This conclusion is similar to that of a report published last year by The Women's Bar Association of Massachusetts, which found that lawyers who use part-time programs often feel stigmatized, and that many full-time attorneys leave their firms rather than going part-time because of the perception that part-time programs are not effective.' PAR's key findings about the failure of existing part-time programs were published in its Interim Report, which is attached as an appendix to this Report. What many lawyers want is not "part-time," with its implication of partial commitment. As the ABA Commission on Women in the Profession pointed out long ago in Lawyers and balanced Lives: A Guide to Drafting and Implementing Workplace Policies for Lawyers, 2 they are committed professional who want "balanced lives" combined with suitable career development. This report shows how balanced hours policies can work well at Washington law firms to increase retention, morale, client satisfaction, and profitability. " A significant proportion of male and female attorneys, nonparents and parents alike, cite long work hours as a major reason for leaving law firms and state they would like to exchange salary for fewer hours. " Law firms typically focus on revenue generation rather than bottom-line profitability. For this reason, they may 1. Women's Bar Association of Massachusetts, More Than Part Time: The Effect of Reduced-Hours Arrangements on the Retention, Recruitment, and Success of Women Attorneys in Law Firms (2000), available at httpJ/womenlaw.stanford.edu/mass.rpt.html. 2. ABA Commission on Women in the Profession, "Lawyers and Balanced Lives: A Guide to Drafting and Implementing Workplace Policies for Lawyers" (1990); Deborah L. Rhode, for the ABA Commission on Women and the Profession, "Lawyers and Balanced Lives" (2001).

I wish to thank my best friend since childhood and pseudo-sister, Ashley Marr, for all the emotional support, entertainment, and caring she provided. Finally, I would like to thank my parents, LeRoy and Jean Vance, my sister, Jane, as well as my extended family, for providing encouragement and loving support through my educational experience at Iowa State and IUPUI. You provided me with a strong foundation on which I have built my future, and I am forever grateful. v TABLE OF CONTENTS LIST OF TABLES .

For nonprofit organizations, securing and sustaining funding is essential to survival. Many nonprofit managers see government funding as ideal because of its perceived security (Grønbjerg, 1993; Froelich, 1999). However, there is little evidence to support the claim that such funds actually make nonprofits more sustainable, and some research has even suggested that nonprofits receiving "fickle" government funds are more likely to fail (Hager et al., 2004). The primary purpose of this work is to examine the relationship between government funding and nonprofit failure. Its secondary purpose is to understand the relationships between failure, government funding, and the causes for failure suggested by previous research—instability of the funding source and low funding diversification. To examine these relationships, I chose to use survival analysis and employed the Cox regression technique. Here, I analyzed the NCCS-Guidestar National Nonprofit Research Database, which archi...

This article tests three interpretations of the General Welfare Clause that persisted prior to the U.S. v. Butler decision against the text of the Constitution and discusses historical conditions that add to the understanding of that clause of the U.S. Constitution. Specifically, the author examines: the strong Hamiltonian interpretation, the Madison interpretation, and the weak Hamiltonian or Story interpretation. The author concludes that in the course of testing each hypothesis, a surprising conclusion was reached: all interpretations failed to survive

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, U.S. Forces-Iraq repositioned U.S. combat brigades from Iraqi cities, villages, and localities in compliance with the Security Agreement, and began transitioning to an advise, train, and assist role. As the mission changed, U.S. forces began their gradual withdrawal. The Special Inspector General for Iraq Reconstruction (SIGIR) initiated this review to determine how CERP is being used in support of this changing mission and to determine if there are lessons learned that can be applied to other environments. What SIGIR Recommends SIGIR recommends that the Office of the Secretary of Defense (1) clarify the military's role in civil capacity development efforts where counterinsurgency is not a primary focus, and (2) re-evaluate performance metrics and measures of effectiveness for CERP projects with particular attention on eliminating broad metrics. Matter for Congressional Consideration If Congress intends for DoD to undertake civil capacity-development efforts where counterinsurgency is not a primary focus, it may wish to consider providing clarifying instructions or codifying that mission in U.S. statutes. Management Comments and Audit Response DoD partially concurred with SIGIR's recommendation to clarify the military's role in civil capacity development efforts. DoD also generally concurred with SIGIR's recommendation to re-evaluate their CERP performance metrics.

contents prologue ix introduction xi chapter 1. The epistemology and Methodology of exploratory social science Research: crossing popper with Marcuse 1 chapter 2. conceptualizing citizenship: Disjunctive, Dual, Divided, entangled, or What? 23 chapter 3. classical citizenship: The political and the social 43 chapter 4. Medieval european citizenship: christian Rights and Jewish Duties 67 chapter 5. france: liberalism Unveiled 83 chapter 6. The postcolonial Within: portugal, White and european 99 chapter 7. Brazil: experts in exclusion chapter 8. colombia: When law and Reality clash chapter 9. conclusion: learning from exploratory Research notes References index ix prologue This book grows out of, and indeed connects to, previous efforts (Reiter 2009; nef and Reiter 2009). its realization would have been impossible without the support i have received from the Desigualdades network of the free University of Berlin. i am very grateful for the support they have given me and want to express my sincere thanks, especially to prof. sergio costa. My time in Berlin and the dialogues i had with fellows, students, postdocs, and faculty have proven invaluable and allowed me to push my thoughts forward in significant ways. i am also indebted and very grateful for the critical and constructive comments i have received on earlier versions of several chapters of this book from Manuela Boatcă, Mitchell Glodek, Ulrich oslender, sergio costa, Katherine lebow, and eric Wolters. finally, i want to thank my home institution, Usf, especially my director, Rachel May, and my chair, Mohsen Milani, for allotting me the time and freedom necessary to finish this book. Thanks! xi introduction Philosophers have only interpreted the world in various ways; the point is to change it.-KaRl MaRx, 1845 The central theme of this book is autonomy and self-rule. it focuses on those sites, historical and geographical, where people have taken up the banner of self-rule and established democratic systems. as soon as they have done so-and this is the thread weaving together the different stories here told-they had to face the adversary of those who had something to lose, namely, their own power and their privileges. at the same time that this book tells the story of autonomy and self-rule, it also tells the story of the defense of privilege, of exclusion and second-class citizenship, because one story cannot adequately be told without the other. Democracy, understood here in the strong sense, that is, as the strife to rule oneself and achieve autonomy, never "came about"-it was always fought for. in the same way, it never "vanished" or "withered away"; it was taken away, dismantled, or weakened by those who had something to lose from self-rule. The ways to establish democracy were as cunning as the ways to weaken and destroy it-and this book takes a closer look at how exactly this epic struggle played out, and still plays out, in different parts of the world. it focuses on the efforts of specific groups to establish self-rule and democracy, and it analyzes how their efforts were met by those i call "the included," that is, the privileged who tend to benefit from the exclusion of others (nef and Reiter 2009). it is important to highlight that this book grows out of praxis-my own praxis as someone working for and thus concerned with democracy, self-determination, power, democracy, and autonomy-both my own and those of others. starting from praxis, i contend, makes all the difference. What follows is done in an effort to think through-and offer tools to xii | Introduction analyze-some of the most central problems and questions of my life and, i would think, the lives of many others. how to be free? how to achieve more justice and autonomy? how to recognize the maneuvers of the privileged to undo the efforts of the excluded to attain these goals? hence also: how to improve the democracies we live in? Behind all these questions stands the will to address shortcomings and offer tools for improvement. This is at the same time easier and harder than it seems. it is easy because to achieve such practical goals, we do not need most of the extremely complicated, cryptic, and lofty theories offered by some of the "recognized thinkers" of our day. Most problems we have are not that complicated, after all, and it rather seems that some of "our" thinkers and writers artificially complicate issues in order to mystify them, instead of elucidating them. some also seem more motivated to add to their own prestige (and positions/salaries) than to offer usable tools to all those who could actually benefit from such analyses. Most of academic life has become a sort of vanity fair of exalted egos whose central aim seems to be to flatter themselves by inventing ever-more sophisticated proposals and languages (attend a random academic conference to verify). it might indeed even be, as cornelius castoriadis thought, that "we live in a period of appalling ideological regression among the literati" (castoriadis 2001: 24). This trend also complicates this book, because it forces me to navigate through, and combine wherever possible, different languages in an act to translate the useful, decipher the cryptic, highlight the helpful, and in the midst of all of this, explain my own thinking. luckily, i have found in the work of Greek philosopher cornelius castoriadis (1922-1997) a strong ally in this endeavor. his work on autonomy has allowed me to sharpen my gaze and, if you will, "keep the eye on the prize." i share castoriadis's starting position and focus on autonomy, and his definition of autonomy sets the tone for my efforts as well: But what does "autonomy" signify? Autos: oneself; nomos: law. The person who gives herself her own laws is autonomous. (not, The person who does whatever comes into her head, but rather, The person who gives herself laws.) now, that is immensely difficult. for an individual, to give oneself one's own law, within the fields in which this is possible, requires the ability to hold one's own in the face of all conventions, beliefs, fashion, learned people who maintain absurd ideas, the media, the silence of the public, and so forth. and for a society, to give itself its own law means to accept at bottom the idea that it is creating its own institution, and that it creates that institution without being able to invoke any extrasocial foundation, any norm of norms, any measure of its measures. This therefore boils down to saying that such a society should itself decide what is xiv | Introduction cannot be delegated. according to castoriadis, "The project of autonomy itself is certainly not finished. But its trajectory during the last two centuries has proved the radical inadequacy, to say the least, of the programmes in which it had been embodied-be it the liberal republic or Marxist-leninist 'socialism.' That the demonstration of this inadequacy in actual historical fact is one of the roots of present political apathy and privatization hardly needs stressing. for the resurgence of the project of autonomy, new political objectives and new human attitudes are required" (castoriadis 2001: 26). i agree. The current (2011-2012) political events filling our newspapers, from the arab spring to the Tea party, all suggest a profound discontent with the ways "democracy" has come to be understood and practiced. The minimal common denominator seems to be that many citizens have lost their trust in the political system, perceiving that politicians do not truly represent us and/or that they do not represent us truthfully. Rather, they act as elites, in their own interests, or in the interests of the most powerful stakeholders-in most cases big corporations. as representation is in crisis, the whole democratic system evokes discontent and mistrust. in short: the practice of citizenship needs rethinking and reorientation. The most prevalent strategy to uphold elitism has been to shift the core discussions rightfully pertaining to self-rule out of the political realm into the administrative or legal realms, and to transform citizenship from a political practice to a set of legal rights and administrative rules. citizenship has been thoroughly legalized and "commodified," in the words of John pocock (1995)-that is, transformed from a political practice into a legal concept without many teeth. at the same time, in almost all contemporary democracies, democracy came to mean elite rule, exercised and upheld through representation. self-rule, the original idea behind democracy, was practiced in but a few places, for relatively short periods of time, and it was always opposed vehemently because of its radicalism. and radical it is, as the idea of ruling oneself does not go with many of the things we have come to accept as fitting under the label "democracy." such ideas as democratic representation and citizenship as a legal status clearly are at odds with what athenian citizens, the burghers of pisa and lucca, and the french revolutionaries wanted. They are also at odds with what the citizens of egypt want today, as well as with what the excluded and second-class citizens of portugal, colombia, and Brazil want and expect from their already established democratic systems. They all want a voice and an active say in the molding of their lives. They want self-rule, autonomy, and justice-not a system of elected and corrupt, or corrupted, elites. in other words, they want true citizenship. But what is true citizenship? What does it look like? xvi | Introduction look at facts and reality. This is, i want to argue, all that honest social science can and thus should do. in my mind, any heuristic claims beyond are ill-begotten and misleading and ultimately responsible for the lack of systematic knowledge production in the social sciences. Given that this claim is controversial, i have dedicated some space to elaborating it. chapter 1 discusses these issues in some detail, and by doing so...

Proper decision making represent one of an organization's most important capabilities. To manage decisions and underlying business rules, an increasing number of organizations have begun to use business rules management (BRM). However, given BRM research's and practice's nascence, we need to more deeply understand the challenges in implementing BRM capabilities. As such, from collecting and analyzing two three-round focus groups and two three-round Delphi studies, we identified 28 main challenges that five Dutch governmental institutions experienced in eliciting, designing, and specifying business rules. We also discuss directions for future research.

Infrastructure development in Indonesia has been determined by the Government to develop investment and business opportunities in Indonesia, existing legal regulations become the legal umbrella for cooperation agreements between the government and the private sector, including in the form of laws, government regulations, presidential regulations and regional regulations. It turns out that there is still a vacuum of norms , conflict of norms and vagueness of norms in various legal regulations, giving rise to various interpretations in practice, and ultimately having an impact on various types of regulations. Norm conflicts revolve around who are the parties to cooperation agreements between the government and the private sector and how legal disputes are resolved. .

Economists believe that if the legal remedy for breach is expectation damages, the idea of efficient breach allows us to forecast when parties will choose to breach a contract. On the other hand, the economic premise of rational wealth-maximizing actors fails to reflect significant nonmonetary values and incentives that impact behavior in predictable ways. People act following shared community norms, such as the moral norm of honoring pledges, when interpersonal duties are informal or underspecified. However, when the parties specify or otherwise formalize punishments for uncooperative behavior, it becomes more strategic and self-interested. The remedy for breach is made apparent with a liquidated-damages

*. George C. Dix Professor, Northwestern Pritzker School of Law. Thanks to Mark Movsesian, Nelson Lund, and participants at a Northwestern workshop. **. Associate, Boies Schiller Flexner LLP. I would like to thank my family for their support in my academic and professional pursuits-especially my late grandfather William J. Roche and grandmother Isabelle Grodem who I hope smile down while they read this. 1. GEORG FRIEDRICH KNAPP, THE STATE THEORY OF MONEY 2 (1924).

The Philippine maritime industry is leaping towards advancements through technology solutions. To support this movement, the MARINA Strategic Voyage Plan 2028, under Program 5, aims for the development of a Global Maritime Hub in the Philippines. This program entails spearheading research projects focusing on the innovation of maritime ancillary services that would involve Philippineflagged vessels, ship owners, local shipyards, and the Maritime Industry Authority (MARINA). Drydocking is one of the salient processes in the country's maritime industry. During this process, a vessel is brought to dry land to perform necessary maintenance and repair. As per the International Convention for the Safety of Life at Sea (SOLAS) requirements, all merchant vessels need a complete survey of the hull twice within a 5-year period and an intermediate survey within 36 months from the previous drydock. To adhere with these international SOLAS requirements, Philippine-registered ships need to be drydocked twice every five (5) years. The absence of a digital tracking and scheduling system causes the ship owners to have difficulties in overseeing their vessel's drydocking calendar as required by SOLAS. Since shipyards have a limited drydocking capacity, urgent drydocking appointments may pose scheduling problems on the side of the ship owners as to which shipyard would be readily available to provide immediate drydocking service. Likewise, shipyards would need to create changes to their working schedules to accommodate these urgent drydocking appointments. These rush appointments also tend to have lacking vessel plans and documents needed to start the drydock as scheduled which results in further delays. With this problem in mind, the authors propose to design and develop a digital tracking and scheduling system for the drydocking of Philippine-flagged vessels. The provision of such a system would optimize the ship drydocking process and would further lead to more efficient operations in boatyards, shipyards, and in the maritime industry in general.

sostuvo que:"(...) resulta obvio que en los contratos de obras públicas no se puede exigir que un contratista disponga de antemano del capital necesario para afrontar la totalidad del presupuesto. Cuenta para ello, como es lógico y natural, con las sumas que va percibiendo durante el curso de los trabajos de acuerdo con las certificaciones pertinentes previstas en el reglamento y pliego de condiciones respectivas(.. .)'; con f. in re "Banco de San Juan e/ Agua y Energía Eléctrica S.A:; Fallos 283 : 345, en especial, considerando 12).

This article explores the hybrid character of contemporary public service organization with specific reference to the emergence in Britain over the last twenty-five years of a novel mode ofgovernance, the "New Public Contracting." The New Public Contracting governs an ever-expanding range of aspects of modern life through contracting regimes directed at the attainment of particular policy purposes. In Britain, this mode of governance has been problematic in that many contracting regimes have failed to respond adequately to public needs. While the trend toward privatization may be politically irreversible, the role of the state should be to help establish the conditions that enable all parties with stakes or interests in particular public services to participate in collective learning processes aimed at addressing deficiencies in existing provisions.

IV Tanzania 1 Methodology 2 Structure of the report General information 3.1 Development reforms in Tanzania and public procurement 3.2 International and regional agreements and related issues 4 Public procurement in Tanzania 4.1 Legislative framework 4.2 Transparency 4.3 Horizontal policies 4.4 Quality of the transparency mechanisms 4.5 Benefits of opening up the procurement market to international and regional competition 5 Development issues 5.1 Supporting production through negotiations for an agreement on procurement 5.2 Bilateral aid to Tanzania 5.3 Development issues and liberalising the procurement market Bibliography vii

As research has advanced, technologies have become more closely knit, and the relationships between them-both complementary and competitive-have become increasingly important. Unfortunately, the patent system's use of monopoly power to reward innovators creates inefficient results by overly encouraging the development of substitute technologies and discouraging the development of complementary technologies. This paper explains how an optional patent purchase system could help ameliorate such problems and discusses the implications of such a system.

As research has advanced, technologies have become more closely knit, and the relationships between them-both complementary and competitive-have become increasingly important. Unfortunately, the patent system's use of monopoly power to reward innovators creates inefficient results by overly encouraging the development of substitute technologies and discouraging the development of complementary technologies. This paper explains how an optional patent purchase system could help ameliorate such problems and discusses the implications of such a system.

User experience research (UXR) jobs offer exciting and well-paying career opportunities for psychology students. Upon graduation, students have many of the skills to be UXRs, including understanding and knowledge of 1) user characteristics and individual differences 2) relationships between user and task characteristics, 3) operationalization and measurement of concepts, 4) interpretation of observations, and 5) research ethics; those with graduate training possess even deeper understanding of these areas. However, psychology students may lack other skills and knowledge necessary to perform the duties of a UXR, including familiarity with: 1) common UXR methods, 2) application of psychological concepts and theories to technology, 3) software development and user experience design methods and processes, and 4) constraints of conducting research in applied environments. In this symposia we will 1) define UXR and its relevant concepts, including an overview of the skills that psychology students have and those that they need, 2) discuss the role of UXR in industry, and 3) overview approaches, benefits and challenges to including UXR in teaching, including presentation of example projects. Panel attendees will leave with an understanding of both the values and pathways for psychology students towards roles as UXRs. Attendees will also have opportunities to expand their own knowledge of UXR and see examples of how to bring this information to their students. Attendees will have chances to share their ideas and questions during the live session.

User experience research (UXR) jobs offer exciting and well-paying career opportunities for psychology students. Upon graduation, students have many of the skills to be UXRs, including understanding and knowledge of 1) user characteristics and individual differences 2) relationships between user and task characteristics, 3) operationalization and measurement of concepts, 4) interpretation of observations, and 5) research ethics; those with graduate training possess even deeper understanding of these areas. However, psychology students may lack other skills and knowledge necessary to perform the duties of a UXR, including familiarity with: 1) common UXR methods, 2) application of psychological concepts and theories to technology, 3) software development and user experience design methods and processes, and 4) constraints of conducting research in applied environments. In this symposia we will 1) define UXR and its relevant concepts, including an overview of the skills that psychology students have and those that they need, 2) discuss the role of UXR in industry, and 3) overview approaches, benefits and challenges to including UXR in teaching, including presentation of example projects. Panel attendees will leave with an understanding of both the values and pathways for psychology students towards roles as UXRs. Attendees will also have opportunities to expand their own knowledge of UXR and see examples of how to bring this information to their students. Attendees will have chances to share their ideas and questions during the live session.

Gestão em Ação é um periódico editado sob a parceria e responsabilidade da Linha de Pesquisa Políticas e Gestão em Educação do Programa de Pós-Graduação em Educação da FACED/UFBA e do Centro de Estudos Interdisciplinares para o Setor Público (ISP/UFBA). Aceita parcerias e colaborações, reservando-se o direito de publicar ou não os textos enviados à redação. Os trabalhos assinados são de inteira

This chapter argues that North-South dialogue is heavily influenced by the colonial past and burdened by extreme power inequalities. Former colonizing nations control many of the agendas of such dialogue, exposing it to the risks of paternalism, post-colonialism, and tutelage. As a result, coloniality is a condition difficult to escape in north-south dialogue. South-south dialogue, on the other hand, is less implicated by this burden, thus offering a platform for a potentially free-and freeing-critical interchange of ideas and empirical examples that reflect subaltern experiences and provide opportunities for mutual learning. One area where this dialogue is particularly promising is around the themes of democracy, citizenship, participation, and development. Examples from both Brazil and India of participatory budgeting, participatory planning, and participatory policy-making clearly demonstrate that democratic participation has a positive impact on democracy and developmentespecially when development is understood the way Amartya Sen (1999) has defined it, namely as an extension of capabilities and agency, both at the individual and the collective levels. By comparing examples of democratic participation from India and Brazil, this paper points at the potential for south-south dialogue and argues for a reconceptualization of such core Western ideas as democracy, citizenship, and development by anchoring them in a strong conception of active citizenship and direct democratic participation.

The quality of contemporary democracies hinges on the breadth and depth of the citizenship regimes on which democracy ultimately rests. This article argues that, to assess citizenship, two important dimensions are of crucial interest, namely to what extent formal citizens are able to live and practice substantive citizenship roles and, secondly, how access to citizenship rights is used by different societal groups in order to defend privilege. Having conducted a comparative case study of Portugal and France, I now argue that political elites are contributing to a framing of non-whites as foreigners and immigrants because it serves their purpose and that of the majority of their electorate. I also demonstrate how academia contributes to this framing, as many scholars seem unable to free themselves from biased academic traditions, some of which are clearly racist.

hence easy to teach. If trained appropriately in confirmatory research techniques, researchers know how to proceed. By providing schematic and standardized procedures, confirmatory research also provides a mental map for how inquiry works and what it can achieve. Standing on the shoulders of Karl Popper (2002) and Carl Hempel (1966), confirmatory research proceeds deductively, by testing hypotheses. The great advantage of proceeding in such a way lies in the clear and well-structured research process that such an approach is able to secure. Mental models, ideas, or theories, are compared to empirical reality and tested for their explanatory power. This allows for an isolation of an empirical domain and a focusing on one clearly delimitated facet of reality. It also allows for a zeroing in on one, or a small number of, potentially causal relationships and mechanisms. This is absolutely necessary for conducting any sort of empirical research, given the high complexity of reality. In reality, everything potentially relates to everything else-and without a clear theory and hypotheses, we would not be able to isolate specific causal relationships in order to analyze their strength and robustness. Theory and hypotheses allow us to simplify, isolate, and focus on particular aspects of a reality that, taken as a whole, is far too complex and contingent to be captured and explained. Confirmatory research thus brings guidance and discipline into an endeavor that would otherwise be impossible, potentially falling prey to the same kind of contingency that characterizes empirical reality. Confirmatory research, more pragmatically, also is what society and policy makers expect social scientists to achieve, as, at the end, scientists are expected to explain and make predictions that help guide actions and policy-making. One normally does not get paid to speculate. With so many advantages, it comes to no surprise that confirmatory research is the only research that receives external funding and the only research taught systematically at universities, American or other. But what are its weaknesses and shortcomings? Several have been identified. When testing hypotheses, we normally are not pressed to justify where these hypotheses came from. Popper argues that asking this question is falling prey to "psychologism." After all, we need to concern ourselves not with where ideas come from, but how to assess them systematically. This, however, has led to a systematic neglect of capturing, and considering, the bias that goes into theory and hypotheses formulation. But, as such feminist scholars as Sandra Harding (1991) and Donna Haraway (1988) have convincingly argued, research cannot start from nowhere. Who we are, our interests, backgrounds, training, and culture influence what questions we ask, how we ask them, and even what we accept as confirming evidence. Our approach to knowledge is "situated" and the worst we can do is to pretend that it is not, thus playing the "God trick" (Haraway, 1988). Thinking about, and critically analyzing, where our theories and hypotheses come from must be included into the research process, else we cannot escape unreflected bias. The need to also analyze where our ideas, theories, hypotheses, approaches, and questions come from and how this pedigree influences our research and our conclusions cannot be achieved with confirmatory research. This aspect of research needs to be inductive and constructivist-and it triggers the need for an altogether different approach to conducting empirical research in the social sciences. As if this impossibility to scientifically account for one's location and situatedness were not enough, confirmatory research has another weakness. As Popper has made very clear, theories cannot be proven. He shows that, "[t]heories are not verifiable, but they can be corroborated." (Popper, 2002:248) Popper concludes his examination of the Logic of Scientific Discovery by stating that, "[t]he old scientific ideal of episteme-of absolutely certain, demonstrable knowledge-has proved to be an idol. The demand for scientific objectivity makes it inevitable that every scientific statement must remain tentative for ever." (Popper, 2002:280

§ 201(a)(3)(C). Environmental laws passed mainly in the 1970's (e.g., the Clean Water Act, Clean Air B. Act, Resource Conservation and Recovery Act; Endangered Species Act, etc.) apply to op erations on mineral leases. Beyond requiring compliance with those laws, the Secretary's power to manage lease operations (for exam ple , to preserve subjective scenic values) is determined largely by the terms of the lease contracts, including "stipulations" attached to them, and his regulations in effect when the leases were issued. It has long been held that when the United States "comes down from its position of sovereignty and enters the domain of commerce, it submits itself to the same laws that govern individuals there." Cooke v. United States, 91 U.S. 389 (1875). This means that in determining the respective rights of the Secretary and mineral lessees, the courts will look to general contract law principles. See Rosebud Coal Sales Co. V. Andrus, 667 F.2d 949, 951 (10th Cir. 1982) (involving interpretation of federal coal lease). C. The lease terms typically included in federal mineral leases, as well as the Secretary's regulations, give the Secretary broad power-2-to regulate mineral operations on tlie leases in order to protect the environment. The lease form and regulations for oil and gas leases illustrate this. The federal oil and gas lease form now in ef fect provides that the "rights granted are subject to applicable laws, the terms, condi tions, and attached stipulations of this lease, the Secretary of the Interior's regu lations and formal orders in effect as of lease issuance, and to regulations and formal orders hereafter promulgated when not incon sistent with lease rights granted or specific provisions of this lease." (Form 3100-11, March 1984). The lease form also contains the following clause concerning the conduct of operations: "Sec. 6. Conduct of operations-Lessee shall conduct operations in a manner that minimizes adverse impacts to the land, air, and water, to cultural, biological, visual, and other resources, and to other land uses or users. Lessee shall take reasonable measures deemed necessary by lessor to accomplish the intent of this section. To the extent consistent with lease rights granted, such measures may include, but are not limited to, modification to siting or design of facilities, timing of operations, and specification of interim and final reclamation measures. Lessor reserves the right to continue existing uses and to authorize further uses upon or in the leased lands, including the approval of easements of rights-of-ways. Such uses shall be-3

Governments may exclude vendors from procurement awards for many reasons, including poor performance and corruption. Excluding a vendor, whether from a particular procurement (deciding that the vendor is not qualified for award) or from an entire procurement system (suspending or debarring the vendor), calls for a complex assessment of the performance and reputational risks posed by that vendor, and of the costs of exclusion. As the EU’s Member States shape their exclusion systems consistent with the EU’s procurement directives, the Member States may wish to draw on U.S. strategies for managing risks in contractor qualification: requiring that contractors establish strong internal controls, centralizing the management of vendor exclusions, and using administrative agreements and independent monitors which allow agencies to mitigate risks even as they, and their vendors, avoid the disruption that suspension and debarment may cause. These U.S. strategies align well with the EU procure...

, Federalist No. 80 "The fact that the Paris deal hamstrings the United States while empowering some of the world's top polluting countries should expel any doubt as to why foreign lobbyists should wish to keep our beautiful country tied up and bound down. .. That's not going to happen while I'm president, I'm sorry."-President Donald J. Trump "Trump is AWOL, but California is on the field, ready for battle."-California Governor Jerry Brown † J.D. Candidate, Notre Dame Law School, 2019. The author is grateful for the editorial staff on the Journal of Legislation for helping shape this Note with their detailed editing and insightful comments. Special thanks to Professor Nicole Garnett and Professor William Kelley for providing an initial framework for this paper. Lastly, the author would also like to thank her family, and her father George in particular, for their unwavering support.