With The Contracting State,'Professor Jody Freeman continues her foray into the role of
private actors in government functions, an area in which she has staked her claim as a
leading authority. As Freeman has elsewhere noted, private regulation can take many forms:
It can involve an industry organization imposing requirements on its members, interest
groups negotiating how to limit or condition private conduct that affects them, the state
contracting for goods or services, or the state entering into agreements about how to …