Public Administration and Law

Abstract

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