Reinventing Public Administration While De-Inventing Administrative Law: Is It Time For An APA For Regulating Outsourced Government Work

Abstract

Using state-of-the art reinvented public administration, which emphasizes steering rather rowing,2 the DOD outsourced creation of the database to a private firm, BeNow, Inc. In the process of reinventing its public administration the U.S. is de-inventing administrative law. More importantly, perhaps, it is doing so by default, that is, without serious and substantial public discussion and political debate on whether cost-effectiveness and other values associated with reinvented public administration should trump the norms embodied in administrative law. The readiness to accept the reinventers\u27 vision of a government that works better and costs less is all the more striking in view of the nation\u27s epic post-World War II struggle to tame the federal bureaucracy

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