Public Administration and Law, Third Edition

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 LawThe Problem: Retrofitting the American Administrative State into the Constitutional SchemePublic Administration and American ConstitutionalismThe American Public Administrative "Orthodoxy""Reinvented" Public Administration: Toward a New Public ManagementUS ConstitutionalismControlling Administrative Discretion: The Role of LawJudicial Responses to the Administrative StateConclusion: "Retrofitting" as an Incremental ProjectAdministrative Law and the Judiciary TodayThe Commerce ClauseDelegated PowerThe Federal Government’s Administrative Law FrameworkJudicial Review of Agency ActionReview of Informational ActivityAdjudicationsRulemakingReview of Executive OrdersAlternatives to LitigationRegulatory NegotiationEnvironmental Law: Changing Public Administration PracticesJudicial Review of Agency ActionsInterpretation of Environmental LawsThe Growth of Environmental Conflict ResolutionII. The Constitutionalization of Public Administrative ActionThe Individual as Client and Customer of Public AgenciesThe Public Administration of Services Constraining Clients: The Problem of Conditional BenefitsClients and Customers in Court: The Traditional ResponseThe Demise of the Doctrine of PrivilegeA Constitutional Limit to Clients’ and Customers’ Interests in Public BenefitsThe Case Law in SumImpact on Public AdministrationStreet-Level EncountersThe Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcement The Fourth AmendmentImpact on Public AdministrationThe Individual as Government Employee or ContractorPublic Administrative Values and Public EmploymentConstitutional Values in Public EmploymentConsidering Whether the Constitution Should Apply to Public EmploymentJudicial DoctrinesThe Structure of Public Employees’ Constitutional Rights TodayConclusion: The Courts, Public Personnel Management, and ContractingThe Individual as Inmate in Administrative InstitutionsAdministrative Values and Practices Total Institutions and Public Administrative ValuesTheory and Practice in Public Total Institutions Prior to Reform in the 1970s Transformational CasesSubsequent Developments: The Right to Treatment and Prisoners’ Rights TodayImplementation and ImpactConclusion: Consequences for Public Administrators The Individual as Antagonist of the Administrative StateThe Antagonist of the Administrative StateThe Antagonist in Court: Traditional ApproachesPublic Administrators’ Liability and ImmunitySuing States and Their EmployeesFailure to Train of to WarnPublic Law Litigation and Remedial LawStandingState Action Doctrine, Outsourcing, and Private Entities’ Liability for Constitutional TortsLaw, Courts, and Public AdministrationJudicial Supervision of Public AdministrationAdministrative Values and Constitutional DemocracyAssessing the Impact of Judicial Supervision on Public AdministrationThe Next Steps: Public Service Education and Training in Law

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.