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Full-Text Articles in Law
Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr.
Privatization And The Democracy Problem In Globalization: Making Markets More Accountable Through Administrative Law, Alfred C. Aman Jr.
Fordham Urban Law Journal
This Article analyzes the privatization of traditional government services by placing such changes in governance in a global context. Looking into what domestic institutions have to do with the global economy, this Article argues that the privatization of governmental services is very much a piece with deregulatory trends in the United States and elsewhere in which state-centered approaches to a variety of regulatory problems increasingly have given way to markets and market discourses at all levels of government. This Article then considers the effects of such privatization trends on the public/private distinction itself, and its implications for democracy in general. …
Privatization And Political Accountability, Jack M. Beerman
Privatization And Political Accountability, Jack M. Beerman
Fordham Urban Law Journal
This article draws some general connections between privatization and political accountability. Although the main focus of the article is to examine different types of privatization, specifically exploring the ramifications for political accountability of each type, I also engage in some speculation as to whether there are situations in which privatization might raise constitutional concerns related to the degree to which the particular privatization reduces political accountability for the actions or decisions of the newly privatized entity. Court-created constitutional limits on privatization concerning political accountability have antecedents in recent Tenth Amendment jurisprudence and not-so-recent nondelegation cases. "Privatization" denotes a broad spectrum …
Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek
Contractual Welfare: Non-Accountability And Diminished Democracy In Local Government Contracts For Welfare-To-Work Services, Barbara L. Bezdek
Fordham Urban Law Journal
The Welfare State of the mid-twentieth century has been supplanted by the rise of the Contractual State, miring welfare reform in the United States in this worldwide reinvention of government. Moving people from welfare to work became a primary goal of federal welfare policy with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and the Temporary Assistance for Needy Families program it created. This new structure expressly permits states to devolve welfare policy and operations further still, to the county and city levels, and even to private vendors. As a result of this change, new issues of accountability …
Privatized Communities And The "Secession Of The Successful": Democracy And Fairness Beyond The Gate, Sheryll D. Cashin
Privatized Communities And The "Secession Of The Successful": Democracy And Fairness Beyond The Gate, Sheryll D. Cashin
Fordham Urban Law Journal
In the twentieth century we became a nation of homeowners. Among this vast majority of American property owners is a significant and growing subset who live in common interest developments ("CIDs"). CIDs are likely to become a dominant form of private home ownership in the next century. They present a very real threat to the social contract in America because they inculcate secessionist attitudes, which will be very hard to counter. As CIDs continue to proliferate, America will need effective public forums in which to mediate and negotiate solutions to problems that transcend borders, gates, and neighborhoods.
Privatization And Public Employment: An Essay On The Current Status And The Stakes, John D. Donahue
Privatization And Public Employment: An Essay On The Current Status And The Stakes, John D. Donahue
Fordham Urban Law Journal
This Essay engages two questions: Is conventional public service being swept away by a tidal wave of outsourcing? And, if replacement by private providers is eroding public employment, how (if at all) should the interests of government works, and government employment as part of America's social landscape, be considered as factors in the debate about privatization?
Government As Administrator Vs. Government As Purchaser: Do Rules Or Markets Create Greater Accountability In Serving The Poor?, David R. Riemer
Government As Administrator Vs. Government As Purchaser: Do Rules Or Markets Create Greater Accountability In Serving The Poor?, David R. Riemer
Fordham Urban Law Journal
The debate over privatization masks the fact that, whether government provides services with its own employees or buys the same services from private vendors, government remains in charge. This essay looks into the decision whether to use a traditional administrative structure to deliver a service or instead purchase it from private vendors.
Old Wine In New Bottles: Public Interest Lawyering In An Era Of Privatization, Louise G. Trubek
Old Wine In New Bottles: Public Interest Lawyering In An Era Of Privatization, Louise G. Trubek
Fordham Urban Law Journal
Both the theory and practice of public interest lawyering are in transition. Whereas the public interest lawyer of the 1960s and 1970s typically advocated before administrative agencies and courts on behalf of poor people and underrepresented groups, the public interest lawyer of today assumes a much greater variety of roles and is involved in a broader array of tasks. One of the causes of this development is the privatization of government, which has been defined as an increased reliance on the private institutions of society to satisfy public needs.
The Changing Shape Of Government
The Changing Shape Of Government
Fordham Urban Law Journal
Gillian E. Metzger, Alfred C. Aman Jr., Charles F. Sabel, Lester M. Salamon, E.S. Savas and Elliot D. Sclar participate in panel discussions focusing on the question of how to secure government accountability in the context of the expansion of privatization in government? This panel discusses some of the changes we are seeing in government institutions and in the ways government operates. The panelists describe ways in which the move toward privatization and the expansion of the gray area between public and private is occurring, but also will talk about changes we may see as being particularly useful in dealing …
Privatization And The New Public Management, E.S. Savas
Privatization And The New Public Management, E.S. Savas
Fordham Urban Law Journal
Privatization is now commonplace throughout the world: in communist, socialist, and capitalist countries; in developed and developing countries; in democracies and dictatorships. It is no longer a partisan or ideological issue, but rather a pragmatic and increasingly routine approach to governing and to managing public services. In short, privatization, properly carried out, works well and produces benefits. It requires a different role for government, and it calls for more brain cells and fewer muscle cells in the public service.
Public Oversight Of Public/Private Partnerships
Public Oversight Of Public/Private Partnerships
Fordham Urban Law Journal
Richard Briffault moderates this panel discussion with Jack M. Beermann, Barbara L. Bezdek, Wayne G. Hawley, Susan Sturm and Louise G. Trubek. This panel looks more directly at some of the mechanisms for accountability and monitoring, a central theme of the entire Symposium. The panelists will be talking about such issues as the role of hte courts, litigation, government agencies, monitoring procedures, community organizations, advocacy groups, and public interest lawyering in providing monitoring and accountability for the new organizations and hybrid organizations that are center stage in the era of privatization.
Privatization In Practice: Human Services
Privatization In Practice: Human Services
Fordham Urban Law Journal
Matthew Diller moderates this panel discussion with Jacquelyn L. Boggess, Anna Burger, Liz Krueger, David V. Mastran and David R. Riemer. This panel discusses questions like, what happens to public sector workers who follow their jobs after they have been contracted out? Additionally, in the debate about privatization versus public service provision, we must be careful not to forget accountability.
Living With Privatization: At Work And In The Community
Living With Privatization: At Work And In The Community
Fordham Urban Law Journal
Jerry L. Marshaw moderates this panel discussion with Cathlin Baker, Sheryll D. Cashin, John D. Donahue, Hon. Floyd Flake, Eugene W. Harper Jr. and Kerry Korpi.