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' vision of "a government that works better and costs less" is all the more striking in view of the nation's epic post-World War II struggle to "tame" the federal bureaucracy.
Rosenbloom, David H. and Piotrowski, Suzanne J.
"Reinventing Public Administration While "De-Inventing" Administrative Law: Is It Time For An "APA" For Regulating Outsourced Government Work,"
Syracuse Journal of International Law and Commerce: Vol. 33
, Article 13.
Available at: https://surface.syr.edu/jilc/vol33/iss1/13