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Private parties, public functions and the new administrative law

Article Abstract:

Issues regarding the lack of understanding of the role of privatization in the exercise of administrative authority are discussed. Areas of the regulatory process with the involvement of non-government actors range from standard-setting through implementation and enforcement. Focussing just on agency discretion prevents an understanding of the extent or private partication in government.

Planning

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Contracting with the regulated for better regulation

Article Abstract:

The author contends that the federal system of health, environmental, and safety regulation is inefficient and unresponsive and gives regulated parties little incentive to devise ways of addressing social problems. As a remedy, he suggests allowing agencies to contract with the parties for alternative regulations, provided such rules result in equal social benefit.

Innovations, Evaluation, Occupational health and safety, Occupational safety and health, Industry regulations, Government regulation of business, Trade regulation, Environmental protection, Public contracts, Government contracts

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Public purpose and private service: the twentieth century culture of contracting out and the evolving law if diffused sovereignty

Article Abstract:

The debt owed by the 2oth century history of privatization to happenstance and to implied cultural understandings rather than informed deliberation is discussed. A better understanding of that history should make future history owe its debt to thorough reflection.

History

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