Critics of privatization argue that privatization encourages providers to lobby for industry expansion. I argue that this is not generally true when public-sector actors also lobby. Where the effectiveness of advocacy depends on total expenditures, some initial amount of privatization always...

The May 2009 Rose Garden ceremony for President Obama’s signing of new fuel efficiency mandates for automobiles was attended by a remarkable gathering of “bootleggers and Baptists” - “Baptist” environmentalists who were pleased to get a policy they desired, and “bootlegger”...

This essay discusses Jon Michaels’ thoughtful and thought-provoking new book, Constitutional Coup: Privatization’s Threat to the American Republic (Harvard, 2017). In the book, Michaels recommends not only that we apply the brakes to the outsourcing train, but that the very future of our...

This is the first and only casebook geared entirely to the study of access to government, or freedom of information law, in the United States. Unlike other treatments that focus exclusively on the federal FOIA or on statutory FOI, this book takes a broader approach, recognizing that...

This chapter concludes a book that grew out of a 2015 conference hosted by the University of Pennsylvania's Center for Ethics and the Rule of Law, which brought together defense industry leaders, academics, and lawyers to discuss ethical challenges to the defense industry. Authors from the...

Advisory committees are a ubiquitous yet understudied feature of the administrative state. More than seventy-five thousand experts from outside the federal government serve on over one thousand committees across the executive branch, providing agencies with informed “second opinions” to...

Chinese state capitalism has been treated as essentially synonymous with state-owned enterprises (“SOEs”). But drawing a stark distinction between SOEs and privately owned enterprises (“POEs”) misperceives the reality of China's institutional environment and its impact on the formation...

There is little consensus as to the cause of the housing bubble that precipitated the financial crisis of 2008. Numerous explanations exist: misguided monetary policy; a global savings surplus; government policies encouraging affordable homeownership; irrational consumer expectations of rising...

In a deregulatory environment, what do regulated firms do? The standard assumption is simple: firms revert to their preregulatory form. This Essay challenges that basic assumption. Increasingly, regulation is conducted through broad standards foisted on firms to implement internally. Congress...

This chapter begins by defining collective management (of copyright and related rights) and collective management organizations (CMOs). After briefly reviewing possible definitional characteristics, the first part of the chapters uses a functional approach to define CMOs and then explains their...