Acknowledgments
Chart
1. Introduction : Why outsourcing threatens democracy
A. Concerns of this book
B. Perspectives and plan
C. The Iran-Contra roots of the outsourcing controversy
1. The relevance of Iran-Contra to outsourcing sovereignty
2. The counterlessons of Iran-contra and the rise of executive privilege
3. Iran-Contra as a preview to Iraq
D. Outsourcing policy making to the Iraq Study Group?
E. A note on the meaning of sovereignty
2. The outsourcing of sovereignty
A. The private military
1. The new private military : Blackwater and friends
2. Managing the public-private military
B. Private solutions to natural disasters and national security
1. DHS, FEMA, and natural disasters
2. contracting-out national security at the border
a. Contracts to secure borders
b. Challenges to public control of border contractors
3. Homeland Security, Inc.
C. The advent of private prisons and private police
1. Distinctions between private regimes
2. Contracting for prisons by the state
a. The prison contract and public accountability
b. Lingering doubts about private prisons
3. A note on rendition and private prisons
D. Contracting-out the analysis function : the hidden hand of administration
1. Deciding as public management
2. Examples of delegated decision making


3. Case study : public and private approaches to transportation security
A. An introduction to transportation security
B. The role for government in airline security in the United States
1. The new consensus
2. The values of public employment - loyalty and reliability
C. Privatization and airport screeners in Europe
1. Privatization in Europe
2. The right to travel as a privatizing incentive
D. Theories of public and private control in airport security
E. The politics of port security
1. The Dubai ports debacle
2. The present state of public control
4. The public/private distinction
A. An overview of the public-private distinction
B. Constitutional connections to the public-private distinction
1. The Fifth Amendment's "Public Use" requirement
2. The rise and fall of "affected with a public interest"
3. Public functions and process limits
4. The overlap between state action and due process
C. The new due process and privatization
1. Alternatives to due process
2. The private contractor accountability conundrum
5. The case for constitutional governance
A. Constitutional restraints on delegation
1. Due process limits on private delegations
2. Appointments clause limits on private delegations
B. The distinction between "significant" and "authority" - where does the buck stop?
C. Note on the oath requirement and the role of Congress


6. Statutory and administrative limitations on private delegations
A. Nondelegation, subdelegation, and discretionary acts
1. Nondelegable duties of government
2. The Subdelegation Act
B. Contracting-act and the circular A-76 process
1. The A-76 process
2. Critiques of the A-76 process
3. The special problems of contracting-out and the military
7. Outsourcing government services : contract theory and practice
A. A contractarian approach to delegation of public authority to private hands : Carter Coal meets Boston Ice
1. Nondelegation, due process, and Carter Coal
2. Contractual nondelegation and Boston Ice
3. Constitutionalizing the contract analogy
B. Contracts and competition
1. An overview of DOD contracts with private providers
2. Single sourcing in government contracts - the Iraq effect
3. The governance virtues of competitive contracts
C. Contracts and agency cost theory
8. Structural reforms to government
A. Distinguishing public servants from private contractors : of foxes and hedgehogs
B. Public support for improving government functions : Volcker and beyond
1. Organization of mission-oriented agencies
2. Political versus career officials - the need for professional managers
a. Comparative performance data on political and career officials
b. Political appointees at FEMA
c. The connection between political appointees and consultants


3. Governance, not government - the market state effect
1. The market state and its limits
2. Public-private partnerships as public-private partnerships
a. The general approach to public-private partnerships
b. Case study : PPPs and infrastructure protection
D. Proposals for enhancing leadership
1. The bold move - national service
2. A modest proposal - inducements to public education and training
E. Preserving the False Claims Act
9. Conclusions (wherein the principal instructs her agents)
A. To the executive and the agencies
1. On the military side
2. On the civilian side
B. To the Congress
C. To the courts
Conclusion
Cases
Bibliography
Index.