Government by Contract

Outsourcing and American Democracy

Edited by Jody Freeman and Martha Minow

ISBN 9780674032088

Publication date: 02/28/2009

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects.

Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values?

Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

Praise

This book sheds new light on a critically important topic. I recommend it to every student of contracting out and privatization.

—Paul C. Light, author of A Government Ill Executed
This book could not be more timely or important. Renowned legal scholars Jody Freeman and Martha Minow have assembled some of the best minds in law, public administration, economics, and political science to consider the pervasive trend toward outsourcing in American government. The result is not just an essential guide to a crucial development, but also a nuanced warning: For all the attractions of outsourcing, the tide of "government by contract" threatens both democratic values and shared policy goals.

—Jacob S. Hacker, author of The Great Risk Shift: The Assault on American Jobs, Families, Healthcare, and Retirement--And How You Can Fight Back
This book documents both the dramatic recent increase in outsourcing to the private sector of functions traditionally performed directly by government in the U.S. and the equally dramatic breakdowns of traditional accountability mechanisms in many contexts (political, legal, economic). It also outlines an ambitious reform agenda which everyone concerned with the public policy-making process in the 21st century must take seriously.

—Michael Trebilcock, Faculty of Law, University of Toronto