Public Administration and Law, Third Edition

ISBN-10: 1439803986

ISBN-13: 9781439803981

Edition: 3rd 2010 (Revised)

Buy it from $100.87
eBook available
This item qualifies for FREE shipping

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

30 day, 100% satisfaction guarantee

If an item you ordered from TextbookRush does not meet your expectations due to an error on our part, simply fill out a return request and then return it by mail within 30 days of ordering it for a full refund of item cost.

Learn more about our returns policy

Description:

New Starting from $108.10
eBooks Starting from $39.18
Rent eBooks
Buy eBooks
what's this?
Rush Rewards U
Members Receive:
coins
coins
You have reached 400 XP and carrot coins. That is the daily max!
Study Briefs

Limited time offer: Get the first one free! (?)

All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.

Add to cart
Study Briefs
Medical Terminology Online content $4.95 $1.99
Add to cart
Study Briefs
Medical Math Online content $4.95 $1.99
Customers also bought
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading

Book details

Edition: 3rd
Copyright year: 2010
Publisher: Routledge
Publication date: 6/23/2010
Binding: Hardcover
Pages: 353
Size: 6.25" wide x 9.25" long x 0.75" tall
Weight: 1.430
Language: English

Rosemary O'Leary is the Edwin O. Stene Distinguished Professor at the School of Public Affairs and Administration at the University of Kansas, following a 24-year career teaching at the Maxwell School of Syracuse University and the School of Public and Environmental Affairs at Indiana University -Bloomington. O'Leary is the author or editor of eleven books and more than 100 articles and book chapters on public management. She has won ten national research awards and nine teaching awards. She is the only person to win three National Association of Schools of Public Affairs and Administration awards for Best Dissertation (1989), Excellence in Teaching (1996), and Distinguished Research (2004). An elected member of the National Academy of Public Administration, O'Leary was a senior Fulbright scholar in Malaysia and in the Philippines, as well as an Axford Fellow in New Zealand. From 2003 to 2005, O'Leary was a member of the NASA's Return to Flight Task Group assembled in response to the Columbia space shuttle accident. She also has served as a consultant to the U.S. Department of the Interior, the U.S. Environmental Protection Agency, the Indiana Department of Environmental Management, the International City/County Management Association, the National Science Foundation, and the National Academy of Sciences.

Preface
Acknowledgments
About the Authors
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
U.S. Constitutionalism
Efficiency
Who's in Charge of Public Administration?
Consolidation of Functions
Instrumentalism and Utilitarianism versus Contractarianism
Spending
Collective Action
Contractarianism
Regulation versus Liberty and Property Rights
Legitimacy
Controlling Administrative Discretion: The Role of Law
Judicial Responses to the Administrative State
Judicial Opposition to the Administrative State (1890s-1936)
Judicial Acquiescence in the Administrative State (1937-Early 1950s)
Constitutionalization and Partnership: The 1950s Forward
Conclusion: Retrofitting as an Incremental Project
References
Cases
Articles, Books, and Documents
Administrative Law and the Judiciary Today
The Commerce Clause
Delegated Power
The Federal Government's Administrative Law Framework
Judicial Review of Agency Action
Statutory Interpretation
Substantial Evidence Review of Facts
Abuse of Discretion Review
Remand
Review of Rules and Regulations
Review of Informational Activity
Administrative Searches
Freedom of Information
Privacy Act
Open Meetings
Federal Advisory Committee Act
Adjudications
Notice
Intervention
Procedures
Expertise
Rulemaking
Review of Executive Orders
Alternatives to Litigation
Ombuds
Regulatory Negotiation
Conclusion
References
Cases
Articles, Books, and Documents
Environmental Law: Changing Public Administration Practices
Judicial Review of Agency Actions
Standing to Sue: The Case of Global Warming
Ripeness and Standard of Review: The Case of Timber Cutting
Standard of Review: The Case of Air Quality
Interpretation of Environmental Laws
Interpreting Statutes: Two Cases Concerning the Endangered Species Act
Interpreting Statutes and the Constitution: Regulatory Takings and Land Use
Choice of Remedy
The Growth of Environmental Conflict Resolution
ECR Processes
Consensus-Based Processes
Conflict Assessment (Convening)
Facilitation
Mediation
Conciliation
Negotiated Rulemaking
Policy Dialogues
Quasi-Adjudicatory Processes
Early Neutral Evaluation
Minitrials and Summary Jury Trials
Settlement Judges
Fact-Finding
Arbitration
Conclusion
References
Cases
Articles, Books, and Documents
The Constitutionalization of Public Administrative Action
The Individual as Client and Customer of Public Agencies
The Public Administration of Services
Traditional Public Administration
The New Public Management and Reinventing Government Movements
Constraining Clients: The Problem of Conditional Benefits
Clients and Customers in Court: The Traditional Response
The Demise of the Doctrine of Privilege
Redefining Equal Protection
Equal Protection Today
Unconstitutional Conditions: Protecting Clients' and Customers' Substantive Rights
The �New Property�: Expanding Clients' and Customers' Rights to Procedural Due Process
A Constitutional Limit to Clients' and Customers' Interests in Public Benefits
The Case Law in Sum
Impact on Public Administration
References
Cases
Articles, Books, and Documents
Street-Level Encounters
The Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcement
The Fourth Amendment
Inspectors
Trash Inspections
Inventory Searches
Requests for Identification
Sweep Searches
Random Stops
Highway and Transportation Checkpoints
Border Searches
Drug Testing
Impact on Public Administration
References
Cases
Articles and Books
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 Doctrine of Privilege and Government Employment
The Transformational Case
Finding a New Approach: The Emergence of the Public Service Model
The Structure of Public Employees' Constitutional Rights Today
Substantive Rights
Speech on Matters of Public Concern
�Work Product� Speech
Partisan Speech and Activity
Freedom of Association
Protection against Unreasonable Searches and Seizures
Procedural Due Process
Equal Protection
Substantive Due Process
Enforcing Public Employees' Constitutional Rights
Government Contractors
Conclusion: The Courts, Public Personnel Management, and Contracting
References
Cases
Articles, Books, and Documents
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
Mental Health Facilities
Conditions on the Ground
Prisons
Conditions on the Ground
Transformational Cases
A Fourteenth Amendment Right to Treatment
Redefining Cruel and Unusual Punishment
Subsequent Developments: The Right to Treatment and Prisoners' Rights Today
The Right to Treatment
The Eighth Amendment: Conditions of Confinement
Prison Administrators' Personal Liability under the Eighth Amendment
Prisoners' Additional Constitutional Rights
Implementation and Impact
Public Mental Health Administration
Prisons and Jails
Conclusion: Consequences for Public Administrators
Integrating Constitutional Values, Law, and Day-to-Day Administrative Operations
From Few Actors to Many
Budget Pressures
References
Cases
Articles, Books, and Documents
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
The Civil Rights Act of 1871
Absolute Immunity
Qualified Immunity
Suing States and Their Employees
Failure to Train or to Warn
Public Law Litigation and Remedial Law
The Supreme Court and Remedial Law
Standing
State Action Doctrine, Outsourcing, and Private Entities' Liability for Constitutional Torts
Conclusion
References
Cases
Articles and Books
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
References
Cases
Articles, and Books
Index
×
Free shipping on orders over $35*

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

Learn more about the TextbookRush Marketplace.

×