<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>According to the authors of this article, the growing unhappiness of law- yers, particularly young lawyers, stems from three causes: (1) Lawyers are selected for their pessimism (or “prudence”) and this generalizes to the rest of their lives; (2) Young associates hold jobs that are characterized by high pressure and low decision latitude, exactly the conditions that promote poor health and poor morale; and (3) American law is to some extent a zero-sum game, and negative emotions flow from zero-sum games. .. </span></p><p><span>This article has been shared with practitioners as well as academics. It grows out of faculty seminars held at the Benjamin N. Cardozo School of Law in the fall of 1999, which included managing partners of several major New York Law firms, and in spring 2001, as well as a meeting of the New York Chapter of the American Bar Foundation in the spring of 2000. The theory of positive psychology framed the discussion.</span><span>] </span></p></div></div></div>
Under existing standards, then, the courts may narrow their review to satisfy the demands for administrative discretion, and they may broaden it close to the point of substituting their judgment for that of the administrative agency. 1 After fifty years ... we have yet to agree on how this review should operate in practice. We are still struggling with where to draw the line between obsequious deference and intrusive scrutiny. 2 1. REPORT OF TIE COMM. ON ADMIN.
This 2007 book describes the largely overlooked process of using private government contractors to perform essential or inherent functions in the military and civilian sectors of government. It shows how such practices undermine the capacity effectiveness and morale of government officials and it establishes constitutional and statutory arguments against the practice. It recognizes and accepts the proper role for outsourcing or privatization while safeguarding against its improper use. The argument ultimately turns on the necessity for our democratic system to require the executive branch to perform crucial tasks in-house unless Congress has permitted delegations to private contractors.
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