Oregon Law Review : Vol. 88 No. 3, p.745-776 : No More Nisour Squares: Legal Control of Private Security Contractors in Iraq and After
This Article analyzes and builds upon the somewhat successful steps taken by the Department of Defense and the Department of State in 2008–2009 to manage the problem of the Blackwater incident at Nisour Square . Analyzing those steps shows a key strand consisting of what may be called the “contract law” approach. In the much-expanded form proposed in this Article, the “contract law” approach would use government contract requirements, contracting tools and sanctions, contract-related claims, and distinctive contract-related suits to both control and remedy private security abuses and injuries. This Article continues my prior studies as a professor of government contracting law with a specific interest in the Iraq war.