Public Administration and Law, Third Edition

Front Cover
CRC Press, 1996 M09 12 - 368 pages
A Practical Handbook for Public Administrators

Despite the sizeable literature on administrative law and the courts, few books adequately demonstrate how judicial decisions have transformed American public administration thought and practice. Public Administration and Law is the first book of its kind to comprehensively examine the impact of judicial decisions on the enterprise of public administration. A practical guide for practitioners, this book goes beyond a theoretical framework and provides concrete advice for real-world situations. Rather than abstractly and generally discuss doctrines such as procedural and substantive due process, the book analyzes their application to specific contexts in which administrators engage individuals.

Written in a non-technical fashion, the volume discusses contemporary federal administrative law and judicial review of agency action (or inaction). It clearly explains the general framework that controls agency rule making, adjudication, release of information, and related issues. In addition, a section is included on the burgeoning and litigious field of environmental law, and advice is presented as to what public administrators need to know about environmental regulations and what can happen to those who fail to head them. Now in its second edition, this handbook is a must for public administrators who want to successfully avoid judicial scrutiny and challenge of their official actions.

 

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Contents

Preface
1
U S Constitutionalism
9
The Role of Law
29
Retrofitting as an Incremental Project
45
ADMINISTRATIVE LAW AND THE JUDICIARY TODAY
51
CHANGING PUBLIC
87
Hazardous Waste Liabilities
93
Criminal Liability of Lower and MiddleLevel Government
100
THE INDIVIDUAL AS INMATE IN ADMINISTRATIVE
215
Theory and Practice in Public Total Institutions Prior to Reform
223
Transformational Cases
232
Implementation and Impact
246
Consequences for Public Administrators
253
THE INDIVIDUAL AS ANTAGONIST OF
259
Public Administrators Liability and Immunity
265
Suing States and Their Employees
281

The Municipality as MiniWater Pollution Control Agency
108
The Constitutionalization of Public Administrative Action
117
The Problem of Conditional Benefits
124
The Demise of the Doctrine of Privilege
130
A Constitutional Limit to Clients and Customers Interests
143
STREETLEVEL ENCOUNTERS
151
THE INDIVIDUAL AS PUBLIC EMPLOYEE
179
The Supreme Court and Remedial Law
287
Conclusion
295
LAW COURTS AND PUBLIC ADMINISTRATION
301
References
320
Index
335
Copyright

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About the author (1996)

David H. Rosenbloom is Distinguished Professor of Public Administration at the School of Public Affairs, American University, Washington, D.C.

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