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"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown
"We The People," Constitutional Accountability, And Outsourcing Government, Kimberly N. Brown
Indiana Law Journal
The ubiquitous outsourcing of federal functions to private contractors, although benign in the main, raises the most fundamental of constitutional questions: What institutions and actors comprise the “federal government” itself? From Abu Ghraib to Blackwater, a string of scandals has heightened public awareness that highly sensitive federal powers and responsibilities are routinely entrusted to government contractors. At the same time, the American populace seems vaguely aware that, when it comes to ensuring accountability for errors and abuses of power, contractors occupy a special space. The fact is that myriad structural and procedural means for holding traditionally government actors accountable do …
An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman
An Administrative Law Perspective On Government Social Service Contracts: Outsourcing Prison Health Care In New York City, Alfred C. Aman
Indiana Journal of Global Legal Studies
This paper explores how administrative law can mitigate the democracy deficit that may occur when privatization shifts political debate into relatively private arenas, changes its focus, or precludes debate altogether.I t also argues that the prevailing form and key terms of globalization in the United States derive from neo-liberalism, particularly in the binary division of public/private and their conflation with legal regulation and market responsiveness, respectively. This paper centers specifically on a case study involving the outsourcing of health care for prisoners by a private, for-profit health care provider, Prison Health Services, using it as a means for exploring how …
The Impact Of Public Law Of Privatization, Deregulation, Outsourcing, And Downsizing: A Canadian Perspective, David Mullan, Antonella Ceddia
The Impact Of Public Law Of Privatization, Deregulation, Outsourcing, And Downsizing: A Canadian Perspective, David Mullan, Antonella Ceddia
Indiana Journal of Global Legal Studies
Globalization and Governance: The Prospects for Democracy, Symposium