Government by Contract

Outsourcing and American Democracy

Edited by Jody Freeman

Edited by Martha Minow

    • Acknowledgments
    • Introduction: Government by Contract: Outsourcing and American Democracy Jody Freeman and Martha Minow

      I. Recent Developments

    1. Public-Private Governance: An Historical Introduction William J. Novak
    2. The Transformation of Government Work: Causes, Consequences and Distortions John Donahue
    3. The Federal Framework for Competing Commercial Work between the Public and Private Sectors Matthew Blum

      4. II. Cases and Critiques

    4. Rent-a-Regulator: Design and Innovation in Environmental Decisionmaking Miriam Seifter
    5. Outsourcing Power: Privatizing Military Efforts and the Risks to Accountability, Professionalism, and Democracy Martha Minow
    6. How Privatization Thinks: The Case of Prisons Sharon Dolovich

      7. III. Responses and Reforms

      A. Don’t Increase Regulation

    7. Achieving Contracting Goals and Recognizing Public Law Concerns: A Contracting Management Perspective Steven J. Kelman
    8. Federal Contracting in Context: What Drives It, How to Improve It Stan Soloway and Alan Chvotkin

      9. B. Use Existing Tools

    9. Some Legal Reforms to Increase Contractor Accountability Nina A. Mendelson
    10. Privatization and Democracy: Resources in Administrative Law Alfred C. Aman, Jr.

      11. C. Press Constitutional Restrictions

    11. Private Delegations, Due Process, and the Duty to Supervise Gillian E. Metzger
    12. Outsourcing and the Duty to Govern Paul R. Verkuil
    13. Public Values/Private Contract Laura A. Dickinson
    • Notes
    • List of Contributors
    • Index
  • Cover: Government by Contract

Jody Freeman is Professor of Law, Harvard Law School.

Martha Minow is Jeremiah Smith, Jr. Professor of Law, Harvard Law School.