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Private Government And The Transparency Deficit, Alfred C. Aman, Landyn W. Rookard
Private Government And The Transparency Deficit, Alfred C. Aman, Landyn W. Rookard
Articles by Maurer Faculty
Modern government is comprised of a complex admixture of public and private actors. From the provision of public services, to growing movements to sell off national parks, to the very task of legislating, the public is unlikely to encounter an area of government that is untouched by privatization. But public transparency mechanisms, including the seminal Freedom of Information Act (FOIA), rely upon an outdated, rigid conception of the private-public dichotomy. They fail to provide the public with any meaningful access to what we call the “private government,” which includes the private actors who bear an increasing responsibility for performing governmental …