What is law? -- Constitutional principles -- Due process, equal protection, and civil rights -- Freedom of speech and religion -- Freedom of information -- Property -- Contracts and companies -- Employment -- Torts -- Criminal law and procedure -- Administrative law and procedure -- Public ethics law -- Civil litigation and alternative dispute resolution -- Managing the lawyer relationship -- Educating yourself about the law.
The seventh edition of Public Administration: Understanding Management, Politics, and Law in the Public Sector grounds students in the fundamentals of public administration while embracing its complexity through multiple sets of values that affect administrative management of the American state. This cutting-edge new edition explains and analyzes public administration from the point of view of three well-established perspectives: management, politics, and law.
Public administration – the practice of producing and executing government policy by bureaucrats, politicians, managers and other officials – affects almost everything we encounter in our day-to-day lives. Public administrators are – at least partially – responsible for the amount of hours we work, the quality of the air we breathe, the ease with which we can visit the doctor and the state of the roads we walk and drive down. Despite the widespread relevance of public administration however, the relative amount of government influence on society differs across the world. This major new introduction examines public administration structures, processes and achievements, and the behavior and motivations of the administrators themselves. Internationally relevant and analyzing states at a range of different developmental stages, it examines the key themes and issues that dominate the field. Chapters are framed around a series of questions that determine the typical and the unusual features of governments. For example, focus is given to what makes for a stable government, the different definitions of management, possible solutions to corruption, the relationship between central and local governments as well as the formal strategies for policy development. The book draws extensively on core theory in the field, and makes critical links between public administration and economics, law, sociology and the wider subject of political science. As accessible for students as it is useful for practitioners looking for a comprehensive reference guide, this is an essential text for those who wish to understand the complexities of government and public administration from the inside out.
Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
This book focuses on the essentials that public managers should 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, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials 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.
The third edition of this highly respected textbook introduces students of public administration to the practical issues of administrative law. While useful to law school students, it is most relevant to public management students. The presentation provides a concise foundation to the history and theory of administrative law, rule making, and judicial decisions. The most important issues in administrative law are included--meaningful issues for present and future administrators. A larger number of recent cases and other up-to-date information will be found in the book in order to make the student aware of the kinds of legal problems likely to be encountered in public agencies. One or two cases illustrate each problem at hand, rather than discussing numerous arcane court decisions and technicalities of legal procedure, in order to sketch the broad contours of the present law.
