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Administrative Law for Public Managers

Book Description

Administrative Law for Public Managers a comprehensive guide to the essentials that public managers need to 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, emphasizing how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. The second edition has been thoroughly revised to include more on state administrative law, as well as an expanded discussion of procedural due process. It has also been updated to include the major statutes, court cases, executive orders and other major executive initiatives since 2003. The addition of discussion questions makes this an even more valuable resource for public administration classrooms and students.

Organized around federal administrative law, Administrative Law for Public Managers explains the fundamentals 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.

Table of Contents

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