Anthony M. Potts
Note
Broken Buying: Adversarial Legalism and (In)Efficiency in Procurement Law
Public-procurement laws are integral to government capacity. But two forces limit government’s potential: (1) adversarial legalism and (2) cost-based efficiency, both of which influence statutory interpretation and application. This Note argues that restoring the historical, broad conception of administrative discretion is necessary to counteract these forces.
Jan 31, 2026