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Public law is fundamental to public administration, whether public affairs responsibilities are performed by governments, not-for-profit organizations, or the private sector. Administrators in public affairs who try to operate without an informed awareness of the subject and its consequences place themselves, their organizations, their missions, and the people they serve at risk.[ital]Handbook of Public Law and Administration provides a comprehensive overview of public law, explaining the legal tools and protections required to advance the public interest in a world that is often more confrontational than reasonable. It allows administrators, whether public or private, to deal with concerns such as lawsuits'and to move beyond them to use law responsibly in service of constitutional democracy.Written in clear, nontechnical language by leading authorities in public administration and law, the thirty-one chapters presented here address all aspects of how public law affects the responsibilities of managers and others in public affairs. In doing so, it bridges the twin fields of law and administration to facilitate understanding of their essential connections.The handbook addresses specific, practical aspects of law, such as executive orders, rulemaking and administrative adjudication, and human resources issues. It looks forward into projected future developments and changes in the relationships between law and administration. In doing so, it prepares public and private managers to succeed in dynamic environments of public affairs responsibilities that range from local organizations and communities to national and international levels.
PUBLIC LAW FOUNDATIONS OF PUBLIC ADMINISTRATION.
Faithful Execution of the Laws, Rule of Law, and Autonomy of PublicAdministration (C. Newland).
Public Law and Public Management: A Conceptual Framework (C.Kerwin).
The Importance of Public Law: New and Old Paradigms of GovernmentManagement (R. Moe).
PRACTICAL FRAMEWORKS OF PUBLIC LAW AND ADMINISTRATION.
The Law-Politics Dialogue: It's Not All Courts! (L. Fisher).
Legal Authorities and Administration Actions (R. Gilmour & H.Sellers).
Techniques of Legal Interpretation and Why They Matter (H.Ball).
Public Law as a Set of Tools for Management (P. Cooper).
WHO HAS THE POWER AND WHERE ARE THE LIMITS?
Separation of Powers with Checks and Balances: The Search forWorkability (C. Newland).
Who Does the Work? Federalism and the Changing Nature ofIntergovernmental Relations (L. O'Toole).
Local Implementation of Federal and Stat Programs: Preemption, HomeRule and Federalism (B. Cigler).
ADMINISTRATIVE LAW AND TODAY'S STREET-LEVEL CHALLENGES.
Executive Direct Administration: The Importance to PublicAdministration of Executive Orders and Proclamations (J. Utter& P. Cooper).
Ordinances, Statutes, and Democratic Discipline: A LocalPerspective on Drafting Laws (D. Corliss).
Negotiated Rulemaking (C. Kerwin).
The "How Much Process Is Due?" Debate: Legal and ManagerialPerspectives (H. Rainey).
CIVIL SERVANTS, SUPERVISORS AND CHANGING LAW.
The First AmAndment and the Public Sector (D. O'Brien).
Constitutions, Statutes, Regulations, and Labor Relations: DisputeResolution in a Complex Authority Mix (N. Riccucci).
Privacy and Integrity Testing for Public Employees: Searches, DrugTesting, Polygraphs, and Medical Examinations (N. Cayer).
The Raging Debate Over Equality: Nondiscrimination, AffirmativeAction, and the Civil Rights Act (M. Kurtz).
Gender Issues in the Workplace: Compensation, Reproductive Safety,Family Obligations, and Sexual Harassment (M. Guy & S.Calvert).
Public Law in the Changing Civil Service (L. Nigro).
ACCOUNTABILITY: LAW AGAINST MANAGEMENT?
Law versus Ethics (W. Richardson).
Open Government and Freedom of Information: Fishbowl Accountability(L. Feinberg).
Problems of Discretion and Responsibility: The Debate over TortLiability (B. Jenkins & R. Kearl).
Court Involvement in Operations of State and Local Institutions:Injunctions and Other Remedies for Maladministration (P.Cooper).
The Balancing Act of Judicial Review: Ensuring Enough Deference toAdministrators and Enough Accountability (R. O'Leary & P.Weiland).
LAW IN PUBLIC POLICY.
Government Lawyers: Who Represents Government and Why Does itMatter? (C. Clayton).
Race, Education, and the Legal and Administrative Systems:Perpetual Tensions (C. Washington).
Legal Impacts on Budgets and Finance: Anticipating Problems andReacting to Realities (T. Lauth & P. Cooper).
Legal Issues in Contracting for Public Services: When Business DoesGovernment (R. DeHoog).
Alternative Dispute Resolution in Public Administration (L.Bingham).
Conclusion: Present and Future Challenges.
The Future of Public Law: Public Law and National Borders (C.Wise).