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Public Administration and Law
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Table of Contents

I. 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

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

About the Author

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.

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