Government by Contract

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

• * Acknowledgments * Introduction: Government by Contract: Outsourcing and American Democracy Jody Freeman and Martha Minow I. Recent Developments * Public-Private Governance: An Historical Introduction William J. Novak * The Transformation of Government Work: Causes, Consequences and Distortions John Donahue * The Federal Framework for Competing Commercial Work between the Public and Private Sectors Matthew Blum II. Cases and Critiques * Rent-a-Regulator: Design and Innovation in Environmental Decisionmaking Miriam Seifter * Outsourcing Power: Privatizing Military Efforts and the Risks to Accountability, Professionalism, and Democracy Martha Minow * How Privatization Thinks: The Case of Prisons Sharon Dolovich III. Responses and Reforms A. Don't Increase Regulation * Achieving Contracting Goals and Recognizing Public Law Concerns: A Contracting Management Perspective Steven J. Kelman * Federal Contracting in Context: What Drives It, How to Improve It Stan Soloway and Alan Chvotkin B.Use Existing Tools * Some Legal Reforms to Increase Contractor AccountabilityNina A. Mendelson * Privatization and Democracy: Resources in Administrative Law Alfred C. Aman, Jr. C.Press Constitutional Restrictions * Private Delegations, Due Process, and the Duty to Supervise Gillian E. Metzger * Outsourcing and the Duty to Govern Paul R. Verkuil * Public Values/Private Contract Laura A. Dickinson * Notes * List of Contributors * Index

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