Abstract:
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.