The Legal Dimension of the Privatization Movement

In my most provocative remark this afternoon, I will assert that the focus of this symposium is inconsistent with the ideals of the Federalist Society. In setting up this event, I will say, the Federalist Society (of all organizations!) has fallen prey to the Beltway Syndrome. Because this may turn out to be my only provocative remark, I will wait until the end of my talk to explain it. In the interim I will discuss the important, if less flashy, issue of privatization, that is, the turning over to the private sector functions that governments might, and often have performed