Public Administration and Law, Third Edition

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  • Edition: 3rd
  • Format: Hardcover
  • Copyright: 2010-06-23
  • Publisher: Routledge
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Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law.

Table of Contents

Prefacep. xvii
Acknowledgmentsp. xxi
About the Authorsp. xxiii
The Administrative State, Democratic Constitutionalism, and the Rule of Law
The Problem: Retrofitting the American Administrative State into the Constitutional Schemep. 3
Public Administration and American Constitutionalismp. 4
The American Public Administrative ˘Orthodoxy÷p. 5
˘Reinvented÷ Public Administration: Toward a New Public Managementp. 8
U.S. Constitutionalismp. 11
Efficiencyp. 12
Who's in Charge of Public Administration?p. 13
Consolidation of Functionsp. 18
Instrumentalism and Utilitarianism versus Contractarianismp. 19
Spendingp. 19
Collective Actionp. 20
Contractarianismp. 22
Regulation versus Liberty and Property Rightsp. 24
Legitimacyp. 27
Controlling Administrative Discretion: The Role of Lawp. 31
Judicial Responses to the Administrative Statep. 35
Judicial Opposition to the Administrative State (1890s-1936)p. 36
Judicial Acquiescence in the Administrative State (1937-Early 1950s)p. 39
Constitutionalization and Partnership: The 1950s Forwardp. 41
Conclusion: Retrofitting as an Incremental Projectp. 43
Referencesp. 44
Casesp. 44
Articles, Books, and Documentsp. 46
Administrative Law and the Judiciary Todayp. 51
The Commerce Clausep. 52
Delegated Powerp. 55
The Federal Government's Administrative Law Frameworkp. 57
Judicial Review of Agency Actionp. 62
Statutory Interpretationp. 63
Substantial Evidence Review of Factsp. 65
Abuse of Discretion Reviewp. 66
Remandp. 66
Review of Rules and Regulationsp. 67
Review of Informational Activityp. 67
Administrative Searchesp. 67
Freedom of Informationp. 68
Privacy Actp. 69
Open Meetingsp. 69
Federal Advisory Committee Actp. 70
Adjudicationsp. 71
Noticep. 71
Interventionp. 71
Proceduresp. 72
Expertisep. 72
Rulemakingp. 73
Review of Executive Ordersp. 75
Alternatives to Litigationp. 76
Ombudsp. 77
Regulatory Negotiationp. 78
Conclusionp. 79
Referencesp. 80
Casesp. 80
Articles, Books, and Documentsp. 81
Environmental Law: Changing Public Administration Practicesp. 85
Judicial Review of Agency Actionsp. 86
Standing to Sue: The Case of Global Warmingp. 87
Ripeness and Standard of Review: The Case of Timber Cuttingp. 90
Standard of Review: The Case of Air Qualityp. 92
Interpretation of Environmental Lawsp. 93
Interpreting Statutes: Two Cases Concerning the Endangered Species Actp. 94
Interpreting Statutes and the Constitution: Regulatory Takings and Land Usep. 97
Choice of Remedyp. 100
The Growth of Environmental Conflict Resolutionp. 102
ECR Processesp. 105
Consensus-Based Processesp. 105
Conflict Assessment (Convening)p. 106
Facilitationp. 106
Mediationp. 106
Conciliationp. 107
Negotiated Rulemakingp. 107
Policy Dialoguesp. 107
Quasi-Adjudicatory Processesp. 108
Early Neutral Evaluationp. 108
Minitrials and Summary Jury Trialsp. 109
Settlement Judgesp. 109
Fact-Findingp. 109
Arbitrationp. 110
Conclusionp. 110
Referencesp. 111
Casesp. 111
Articles, Books, and Documentsp. 112
The Constitutionalization of Public Administrative Action
The Individual as Client and Customer of Public Agenciesp. 115
The Public Administration of Servicesp. 116
Traditional Public Administrationp. 116
The New Public Management and Reinventing Government Movementsp. 120
Constraining Clients: The Problem of Conditional Benefitsp. 121
Clients and Customers in Court: The Traditional Responsep. 124
The Demise of the Doctrine of Privilegep. 127
Redefining Equal Protectionp. 128
Equal Protection Todayp. 130
Unconstitutional Conditions: Protecting Clients' and Customers' Substantive Rightsp. 133
The ˘New Property÷: Expanding Clients' and Customers' Rights to Procedural Due Processp. 137
A Constitutional Limit to Clients' and Customers' Interests in Public Benefitsp. 142
The Case Law in Sump. 143
Impact on Public Administrationp. 144
Referencesp. 147
Casesp. 147
Articles, Books, and Documentsp. 148
Street-Level Encountersp. 151
The Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcementp. 155
The Fourth Amendmentp. 158
Inspectorsp. 159
Trash Inspectionsp. 161
Inventory Searchesp. 162
Requests for Identificationp. 165
Sweep Searchesp. 168
Random Stopsp. 169
Highway and Transportation Checkpointsp. 170
Border Searchesp. 173
Drug Testingp. 173
Impact on Public Administrationp. 175
Referencesp. 176
Casesp. 176
Articles and Booksp. 177
The Individual as Government Employee or Contractorp. 179
Public Administrative Values and Public Employmentp. 180
Constitutional Values in Public Employmentp. 184
Considering Whether the Constitution Should Apply to Public Employmentp. 185
Judicial Doctrinesp. 189
The Doctrine of Privilege and Government Employmentp. 189
The Transformational Casep. 191
Finding a New Approach: The Emergence of the Public Service Modelp. 193
The Structure of Public Employees' Constitutional Rights Todayp. 196
Substantive Rightsp. 196
Speech on Matters of Public Concernp. 196
˘Work Product÷ Speechp. 198
Partisan Speech and Activityp. 199
Freedom of Associationp. 200
Protection against Unreasonable Searches and Seizuresp. 202
Procedural Due Processp. 203
Equal Protectionp. 205
Substantive Due Processp. 206
Enforcing Public Employees' Constitutional Rightsp. 206
Government Contractorsp. 207
Conclusion: The Courts, Public Personnel Management, and Contractingp. 212
Referencesp. 214
Casesp. 214
Articles, Books, and Documentsp. 216
The Individual as Inmate in Administrative Institutionsp. 219
Administrative Values and Practicesp. 220
Total Institutions and Public Administrative Valuesp. 221
Theory and Practice in Public Total Institutions Prior to Reform in the 1970sp. 227
Mental Health Facilitiesp. 227
Conditions on the Groundp. 230
Prisonsp. 231
Conditions on the Groundp. 233
Transformational Casesp. 238
A Fourteenth Amendment Right to Treatmentp. 238
Redefining Cruel and Unusual Punishmentp. 241
Subsequent Developments: The Right to Treatment and Prisoners' Rights Todayp. 242
The Right to Treatmentp. 242
The Eighth Amendment: Conditions of Confinementp. 246
Prison Administrators' Personal Liability under the Eighth Amendmentp. 248
Prisoners' Additional Constitutional Rightsp. 252
Implementation and Impactp. 254
Public Mental Health Administrationp. 255
Prisons and Jailsp. 257
Conclusion: Consequences for Public Administratorsp. 259
Integrating Constitutional Values, Law, and Day-to-Day Administrative Operationsp. 260
From Few Actors to Manyp. 260
Budget Pressuresp. 261
Referencesp. 262
Casesp. 262
Articles, Books, and Documentsp. 264
The Individual as Antagonist of the Administrative Statep. 267
The Antagonist of the Administrative Statep. 268
The Antagonist in Court: Traditional Approachesp. 270
Public Administrators' Liability and Immunityp. 271
The Civil Rights Act of 1871p. 272
Absolute Immunityp. 275
Qualified Immunityp. 278
Suing States and Their Employeesp. 287
Failure to Train or to Warnp. 287
Public Law Litigation and Remedial Lawp. 288
The Supreme Court and Remedial Lawp. 291
Standingp. 292
State Action Doctrine, Outsourcing, and Private Entities' Liability for Constitutional Tortsp. 294
Conclusionp. 297
Referencesp. 298
Casesp. 298
Articles and Booksp. 300
Law, Courts, and Public Administrationp. 301
Judicial Supervision of Public Administrationp. 305
Administrative Values and Constitutional Democracyp. 308
Assessing the Impact of Judicial Supervision on Public Administrationp. 310
The Next Steps: Public Service Education and Training in Lawp. 314
Referencesp. 315
Casesp. 315
Articles, and Booksp. 315
Indexp. 319
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