Public Ethics, Legal Accountability, and the New Governance

We take issue with the notion that the transfer of sovereignty to nongovernmental agents is merely a management problem, because legal restrictions on the use and reach of public authority are fundamental to the United States? political and constitutional order. Explicit legal standards of right and wrong are a defining feature of American government (Frederickson 1993, 248; see also Rohr 1998). Substituting new forms of collaboration and management for hierarchical, bureaucratic chains of command cannot and should not mean abandoning traditional commitments to the public values of liberty, equality, and fairness.
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Outsourcing Patriotism: Privatization Goes to War

Substituting new forms of collaboration and management for hierarchical, bureaucratic chains of command cannot and should not mean abandoning traditional commitments to the public values of liberty, equality, and fairness. Public actors have an obligation to meet the standards for government behavior that grow out of those values and are incorporated in public law. As Donald Kettl has observed, the government ?is not just another principal dealing with another agent.? Nowhere can this be seen more clearly than in the ongoing scandal over the abuse of prison inmates in Iraq.
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The Poor You Have Always With You

The philosopher Santayana warned that those who do not know their own history are doomed to repeat it. That admonition is especially pertinent to discussions of social welfare in Indiana, where assistance programs reflect historic attitudes about poverty and service delivery is largely a product of the state?s political culture. In Indiana, as elsewhere, supporters of social welfare programs and the critics of those programs are still arguing about policies dating to 1349, when England enacted the Statute of Laborers, prohibiting alms, or charity, for those who had the ability to work–that is, to "sturdy beggars." This first attempt to deal with what we would later call welfare was not about providing assistance; it was about forcing people to work.
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