Handbook of Public Law and Administration / Edition 1

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Overview

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.

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Product Details

  • ISBN-13: 9780787909307
  • Publisher: Wiley, John & Sons, Incorporated
  • Publication date: 10/29/1997
  • Series: The Jossey-Bass Nonprofit and Public Management Series
  • Edition description: 1 ED
  • Edition number: 1
  • Pages: 621
  • Sales rank: 1,096,828
  • Product dimensions: 9.21 (w) x 6.14 (h) x 1.50 (d)

Meet the Author

PHILLIP J. COOPER is Gund Professor of Liberal Arts at the University of Vermont. A leading authority on public law, he is the author of numerous articles, books, and other materials on administrative and constitutional law, public policy, and public administration. He lives in Burlington, Vermont CHESTER A. NEWLAND is Duggan Distinguished Professor of Public Administration at the University of Southern California. He has served as national president of American Society for Public Administration (ASPA), editor-in-chief of Public Administration Review, and director of the Federal Executive Institute. He is a member of the National Academy of Public Administration. He lives in Sacramento, California and Washington, DC.

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Table of Contents

Figure and Tables
Preface
Editors and Contributors
Pt. 1 Public Law Foundations of American Public Administration 1
1 Faithful Execution of the Laws, Rule of Law, and Autonomy of Public Administration 5
2 Public Law and Public Management: A Conceptual Framework 26
3 The Importance of Public Law: New and Old Paradigms of Government Management 41
Pt. 2 Practical Frameworks of Public Law and Administration 59
4 The Law-Politics Dialogue: It's Not All Courts! 63
5 Legal Authorities and Administration Actions 76
6 Techniques of Legal Interpretation and Why They Matter 90
7 Public Law as a Set of Tools for Management 104
Pt. 3 Who has the Power and Where are the Limits? 121
8 Separation of Power with Checks and Balances: The Search for Workability 125
9 Who Does the Work? Federalism and the Changing Nature of Intergovernmental Relations 145
10 Local Implementation of Federal and State Programs: Preemption, Home Rule, and Federalism 159
Pt. 4 Administrative Law and Today's Street-Level Challenges 185
11 Executive Direct Administration: The Importance to Public Administration of Executive Orders and Proclamations 189
12 Ordinances, Statutes, and Democratic Discipline: A Local Perspective on Drafting Laws 211
13 Negotiated Rulemaking 225
14 The "How Much Process Is Due?" Debate: Legal and Managerial Perspectives 237
Pt. 5 Civil Servants, Supervisors, and Changing Law 255
15 The First Amendment and the Public Sector 259
16 Constitutions, Statutes, Regulations, and Labor Relations: Dispute Resolution in a Complex Authority Mix 274
17 Privacy and Integrity Testing for Public Employees: Searches, Drug Testing, Polygraphs, and Medical Examinations 287
18 The Raging Debate over Equality: Nondiscrimination, Affirmative Action, and the Civil Rights Act 299
19 Gender Issues in the Workplace: Compensation, Reproductive Safety, Family Obligations, and Sexual Harassment 314
20 Public Law in the Changing Civil Service 344
Pt. 6 Accountability: Law Against Management? 357
21 Law Versus Ethics 361
22 Open Government and Freedom of Information: Fishbowl Accountability? 376
23 Problems of Discretion and Responsibility: The Debate over Tort Liability 400
24 Court Involvement in Operations of State and Local Institutions: Injunctions and Other Remedies for Maladministration 424
25 The Balancing Act of Judicial Review: Ensuring Enough Deference to Administrators and Enough Accountability 440
Pt. 7 Law in Public Policy 453
26 Government Lawyers: Who Represents Government and Why Does It Matter? 457
27 Race, Education, and the Legal and Administrative Systems: Perpetual Tensions 479
28 Legal Impacts on Budgets and Finance: Anticipating Problems and Reacting to Realities 503
29 Legal Issues in Contracting for Public Services: When Business Does Government 528
30 Alternative Dispute Resolution in Public Administration 546
Conclusion: Present and Future Challenges 567
31 The Future of Public Law: Beyond Administrative Law and National Borders 569
Name Index 589
Subject Index 599
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