May 22, 2007

PoL contributor Jonathan B. Wilson has some further thoughts on government's use of contracting-out in affirmative-litigation cases (see May 19, etc.):

Government outsourcing would seem to work best when the tasks being outsourced are discrete and do not rely on an exercise of judgment as to the public interest. ...Private actors have no capacity to identify which outcomes are preferred in the public interest.

Litigation is an exercise in determining the self-interest of the litigants.

P.S. David Giacalone has some observations as well.