Administrative Law for Public Managers

ISBN-10: 0813398053
ISBN-13: 9780813398051
Edition: 2003 (Revised)
List price: $38.00
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Description: This book focuses on the essentials that public managers should know about administrative law -- why we have administrative law, the constitutional constraints on public administration, and administrative law's frameworks for rulemaking,  More...

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Book details

List price: $38.00
Copyright year: 2003
Publisher: Westview Press
Publication date: 1/24/2003
Binding: Paperback
Pages: 208
Size: 6.00" wide x 9.00" long x 0.50" tall
Weight: 0.880
Language: English

This book focuses on the essentials that public managers should know about administrative law -- why we have administrative law, the constitutional constraints on public administration, and administrative law's frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering, with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter. Book jacket.

Preface
What Is Administrative Law?
Introduction: What Is Administrative Law?
Why We Have Administrative Law Statutes: Delegation and Discretion
Delegation
Discretion
Administrative Decisionmaking
Procedural and Substantive Review of Administrative Decisions
The Development of U.S. Administrative Law
Conclusion
The Constitutional Context of U.S. Public Administration
The Separation of Powers
Congress
The President
The Judiciary
Federalism
The Commerce Clause
The Tenth Amendment
The Spending Clause
The Eleventh Amendment
Individuals' Constitutional Rights in Administrative Encounters
Relationships with Clients and Customers
Equal Protection
New Property and Procedural Due Process
Unconstitutional Conditions
Public Personnel Management
First Amendment Rights
Fourth Amendment Privacy
Procedural Due Process
Equal Protection
Substantive Due Process Rights
Relationships with Contractors
Public Mental Health Patients
Prisoners' Constitutional Rights
Street-Level Regulatory Encounters
Fourth Amendment Constraints
Equal Protection Constraints
Public Administrators' Liability for Constitutional Torts
Conclusion
Additional Reading
Administrative Rulemaking
Introduction: Smoking Whitefish
Rulemaking: Definitions and General Concerns
Rulemaking Processes
Limited or No Procedural Requirements
Informal Rulemaking
Formal Rulemaking
Hybrid and Negotiated Rulemaking Processes
Hybrid Rulemaking
Negotiated Rulemaking
Additional Features of the Idealized Legislative Model for Rulemaking
Representation: Advisory Committees
Protecting Specific Interests and Values
Executive Efforts to Influence Federal Agency Rulemaking
Conclusion: The Philosopher's Stone Versus the Bubble Effect
Additional Reading
Evidentiary Adjudication and Enforcement
Adjudicating Cinderella: A Case of Deceit, Abuse, and Due Process
What Is Evidentiary Administrative Adjudication?
Criticisms of Adjudication
Legal Perspectives
Administrative Perspectives
Why Adjudicate?
Agency Convenience
Incrementalism Is Advantageous
Conduct and Application Cases
Equity and Compassion
Procedural Due Process
Caveat Estoppel
Adjudicatory Hearings
Presiding Officers
Administrative Law Judges
Other Presiding Officers
Decisions and Appeals
Alternative Dispute Resolution
Enforcement
Conclusion: Should Adjudication Be Reformed?
Transparency
Introduction: The Central Intelligence Agency's Budget? What Budget?
The Administrative Law Framework for Transparent Government
Public Reporting
Freedom of Information
The Freedom of Information Act
The Presidential Records Act
Privacy
Open Meetings
Whistle-Blower Protection
Conclusion: An Opaque Fishbowl?
Additional Reading
Judicial and Legislative Review of Administrative Action
Introduction: The Drug Companies' Acetaminophen, Salicylic Acid, and Caffeine Headache
Judicial Review of Administrative Action
The Court System
Reviewability
Standing to Sue
Mootness
Ripeness
Political Questions
Timing
Primary Jurisdiction
Exhaustion of Administrative Remedies
Finality
Deference to State Courts
The Scope of Judicial Review
Agency Rules
FOIA Requests
Rulemaking Procedures
Agencies' Statutory Interpretations
Agency Nonenforcement
Discretionary Actions
Adjudication
Legislative Review of Administration
Oversight by Committees and Subcommittees
Reporting Requirements
Research, Evaluation, Audit, and Investigation
Sunset Legislation
Casework
Strategic Planning and Annual Performance Reports
Congressional Review Act
Conclusion: Checks, Balances, and Federal Administration
Staying Current
The Primary Function of U.S. Administrative Law
Constitutional Contractarianism
Public Administrative Instrumentalism
Periodicals and Websites
Talk Administrative Law Talk
Administrative Law Audits
The Next Level
References
Index

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