Law Commons^™

Privatizing Labor Law: Neutrality/Card Check Agreements And The Role Of The Arbitrator, Laura J. Cooper

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on November 13, 2007.

Iraq At Crossroads: Transforming The 'Resource Curse' To A 'Resource Blessing' - The Case For Gradual Privatization Of The Iraqi Oil Industry, Christina P. Frentzou

Christina P Frentzou

Talking about reconstruction and state-building of a country like Iraq holding the world’s largest reserves of conventional petroleum after Saudi Arabia is hard to envisage without focusing on the largest source of income and power: its oil industry. The controversial Draft Oil & Gas Law currently under review is an example of the inclination of the elected government to focus on short-term goals of fast profit and to drive Iraq into the world of full-frontal privatization and of open-market economy while scrupulously neglecting the security situation and the weak and vague legislative frameworks in place - both factors that reduce …

Privatization Pitfalls Update, 2008, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Policymakers at the local, state, and federal government levels often struggle to balance the imperatives of providing necessary public services with the constraints of shrinking funds to pay for services such as transportation, prisons, and human services. Among the many possible solutions public entities may consider is the strategy of privatization, defined as “any process that is aimed at shifting functions and responsibilities, in whole or in part, from the government to the private sector through such activities as contracting out or asset sales.” This briefing paper is an update to an earlier publication by the Bureau of Labor Education …

The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandra Zellmer

Nevada Law Journal

No abstract provided.

Blending The Battlefield: An Analysis Of Using Private Military Companies To Support Military Operations In Iraq, Heather L. Gallup

Theses and Dissertations

Over the past fifteen years, the Department of Defense has experienced an increasing trend in the outsourcing and privatization of military operations. Key factors contributing to the growth include declines in military budgets, reductions in active duty end-strength, increases in operational deployments, advancements in weapon system technology, and evolutions in the nature of warfare. However, the continued escalation of incorporating Private Military Companies (PMCs) on the battlefield creates unique challenges. The purpose of this exploratory and descriptive research is to identify utilization rates, describe the types of roles being fulfilled, and synthesize the challenges of augmenting military manpower with civilian …

‘Baby Boomers’ And The Branding Of Political Speech: An Unintended Consequence Of Bono’S Red Campaign, Robert E. Koulish

Robert E. Koulish

In this paper I will examine the likely demise of the commercial speech doctrine. The paper examines Bono's Red Campaign and cause related marketing as a case study to reveal how the supreme court is likely to vote on commercial speech the next time it visits the issue. The Court came close to overthrowing the doctrine in its 2002 Nike non-decision. Next time out, the Court is likely to blur the distinction between commercial speech and political speech, and thus give corporations the right of personhood to mislead consumers in advertising, marketing and public relations. The demise of commercial speech …

The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto

ILSA Journal of International & Comparative Law

"Our economic analysis has disclosed the fact that it is only the interests of competing cliques of business men-investors, contractors, export manufacturers, and certain professional classes-that are antagonistic; that these cliques, usurping the authority and voice of the people, use the public resources to push their private interests, and spend the blood and money of the people in this vast and disastrous military game, feigning national antagonisms which have no basis in reality."'

A Philosophy Of Privatization: Rationing Health Care Through The Medicare Modernization Act Of 2003, Eleanor Bhat Sorresso

Journal of Law and Health

The trend in coping with these rising Medicare costs has been to increase the role that private insurance plays in providing coverage for Medicare recipients. Much of this movement towards an increased "privatization" of Medicare has been born of the belief that the private sector of health care insurance coverage has been made more efficient by existing market forces and will provide a way to both continue providing health care to elderly Americans while containing Medicare costs through these increased efficiencies as exemplified through the managed care model. This premise will be further explored in this article. First, this article …

Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman

Human Rights & Human Welfare

A review of:

Earth Democracy: Justice, Sustainability, and Peace by Vandana Shiva. Boston, MA: South End Press, 2005.

and

Gender, Water, and Development edited by Anne Coles and Tina Wallace. New York: Berg, 2005.

and

Dams and Development: Transnational Struggles for Water and Power by Sanjeev Khagram. Ithaca, NY: Cornell University Press, 2004.

Too Dependent On Contractors? Minimum Standards For Responsible Governance, Steven L. Schooner, Daniel S. Greenspahn

GW Law Faculty Publications & Other Works

While acknowledging that there are many benefits, challenges, and risks involved in outsourcing, this article asserts that failed implementation, rather than outsourcing policy, explains the government's current (mis)management of its contractors. This article explores the minimum standards for responsible governance following more than 15 years of ill-conceived and inadequate investment in the federal government's acquisition workforce, followed by a governmentwide failure to respond to a dramatic increase in procurement activity. These trends have led to a buying and contract management regime animated by triage, with insufficient resources available for contract administration, management, and oversight. The old adage "an ounce of …

Book Review: Outsourcing Sovereignty: Why Privatization Threatens Democracy, Richard J. Pierce Jr

GW Law Faculty Publications & Other Works

This is a review of Paul Verkuil's new book: Outsourcing Sovereignty: Why Privatization Threatens Democracy and What we Can Do About It. The book consists of a wide-ranging and well-documented critique of what Verkuil views as excessive reliance on private contractors to perform a variety of inherently governmental tasks, with particular emphasis on military and other national security functions. Verkuil discusses in detail numerous ways in which the U.S. might reduce the scope and severity of the severe problems that excessive reliance on poorly-supervised contractors is now having.

Pierce praises Verkuil's description and documentation of the problem he addresses in …

Welfare Reform, Privatization And Power: Reconfiguring Administrative Law Structures From The Ground Up, Wendy A. Bach

Scholarly Works

Since welfare reform in 1996, privatization has led to a radical reconfiguration in the dominant mode of governance in public benefits programs. The United States has largely moved from systems controlled through law and regulation to systems controlled through contracts. With this shift has come a significant diminishment in public accountability in general and, more specifically, a diminishment in the ability of poor communities and their advocates to intervene in the making of welfare policy. At the same time, privatization has proven to be an extraordinarily effective mechanism for imposing highly punitive welfare programs on poor communities. Building upon the …