New Contracts Law Scholarship on SSRN

Government contracting fans can find something new to read here. It is Steven L Schooner (pictured) and Daniel S. Greenspahn’s article, “Too Dependent on Contractors? Minimum Standards for Responsible Governance.” Here’s the abstract:

While acknowledging that there are many benefits, challenges, and risks involved in outsourcing, this article asserts that failed implementation, rather than outsourcing policy, explains the government’s current (mis)management of its contractors. This article explores the minimum standards for responsible governance following more than 15 years of ill-conceived and inadequate investment in the federal government’s acquisition workforce, followed by a governmentwide failure to respond to a dramatic increase in procurement activity. These trends have led to a buying and contract management regime animated by triage, with insufficient resources available for contract administration, management, and oversight. The old adage “an ounce of prevention is worth a pound of cure” rings true. Accordingly, a prospective investment in upgrading the number, skills, incentives, and morale of government purchasing officials would reap huge long-term dividends for the taxpayers

George Mason Law School’s David E. Bernstein also has an article residing at the intersection of contracts law and government, more specifically at the intersection of contracts and constitutional law. Professor Bernstein’s article is called “Freedom of Contract.” You can find a downloadable version here. Here’s the abstract:

This essay provides a concise overview of the history of the constitutional status of freedom of contract in the United States, with particular attention to the rise and fall of the “liberty of contract” doctrine in the early 20th century.

[Jeremy Telman]