Public Administration and Law

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.

Explores the conflicts between laws

The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation's constitutional design. It examines the federal judiciary's impact on federal administration and the effect of the nation's myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor.

Enhanced with numerous references

The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area.

About the Authors:

David H. Rosenbloom, Ph.D . is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O'Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.

I. The Administrative State, Democratic Constitutionalism, and the Rule of Law

The Problem: Retrofitting the American Administrative State into the Constitutional Scheme

Public Administration and American Constitutionalism

The American Public Administrative "Orthodoxy"

"Reinvented" Public Administration: Toward a New Public Management

US Constitutionalism

Controlling Administrative Discretion: The Role of Law

Judicial Responses to the Administrative State

Conclusion: "Retrofitting" as an Incremental Project

Administrative Law and the Judiciary Today

The Commerce Clause

Delegated Power

The Federal Government's Administrative Law Framework

Judicial Review of Agency Action

Review of Informational Activity

Adjudications

Rulemaking

Review of Executive Orders

Alternatives to Litigation

Regulatory Negotiation

Environmental Law: Changing Public Administration Practices

Judicial Review of Agency Actions

Interpretation of Environmental Laws

The Growth of Environmental Conflict Resolution

II. The Constitutionalization of Public Administrative Action

The Individual as Client and Customer of Public Agencies

The Public Administration of Services

Constraining Clients: The Problem of Conditional Benefits

Clients and Customers in Court: The Traditional Response

The Demise of the Doctrine of Privilege

A Constitutional Limit to Clients' and Customers' Interests in Public Benefits

The Case Law in Sum

Impact on Public Administration

Street-Level Encounters

The Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcement

The Fourth Amendment

Impact on Public Administration

The Individual as Government Employee or Contractor

Public Administrative Values and Public Employment

Constitutional Values in Public Employment

Considering Whether the Constitution Should Apply to Public Employment

Judicial Doctrines

The Structure of Public Employees' Constitutional Rights Today

Conclusion: The Courts, Public Personnel Management, and Contracting

The Individual as Inmate in Administrative Institutions

Administrative Values and Practices

Total Institutions and Public Administrative Values

Theory and Practice in Public Total Institutions Prior to Reform in the 1970s

Transformational Cases

Subsequent Developments: The Right to Treatment and Prisoners' Rights Today

Implementation and Impact

Conclusion: Consequences for Public Administrators

The Individual as Antagonist of the Administrative State

The Antagonist of the Administrative State

The Antagonist in Court: Traditional Approaches

Public Administrators' Liability and Immunity

Suing States and Their Employees

Failure to Train of to Warn

Public Law Litigation and Remedial Law

Standing

State Action Doctrine, Outsourcing, and Private Entities' Liability for Constitutional Torts

Law, Courts, and Public Administration

Judicial Supervision of Public Administration

Administrative Values and Constitutional Democracy

Assessing the Impact of Judicial Supervision on Public Administration

The Next Steps: Public Service Education and Training in Law