search for books and compare prices
Tables of Contents for Admistrative Law for Public Managers
Chapter/Section Title
Page #
Page Count
Preface
xi
What Is Administrative Law?
1
16
Introduction: What Is Administrative Law?
1
2
Why We Have Administrative Law Statutes: Delegation and Discretion
3
4
Delegation
3
3
Discretion
6
1
Administrative Decisionmaking
7
2
Procedural and Substantive Review of Administrative Decisions
9
2
The Development of U.S. Administrative Law
11
3
Conclusion
14
3
The Constitutional Context of U.S. Public Administration
17
40
The Separation of Powers
19
12
Congress
20
1
The President
21
8
The Judiciary
29
2
Federalism
31
8
The Commerce Clause
33
3
The Tenth Amendment
36
1
The Spending Clause
37
1
The Eleventh Amendment
37
2
Individuals' Constitutional Rights in Administrative Encounters
39
15
Relationships with Clients and Customers
39
1
Equal Protection
39
2
New Property and Procedural Due Process
41
2
Unconstitutional Conditions
43
1
Public Personnel Management
44
1
First Amendment Rights
45
1
Fourth Amendment Privacy
46
1
Procedural Due Process
47
1
Equal Protection
47
1
Substantive Due Process Rights
48
1
Relationships with Contractors
48
2
Public Mental Health Patients
50
1
Prisoners' Constitutional Rights
51
1
Street-Level Regulatory Encounters
51
1
Fourth Amendment Constraints
52
1
Equal Protection Constraints
53
1
Public Administrators' Liability for Constitutional Torts
54
1
Conclusion
55
1
Additional Reading
56
1
Administrative Rulemaking
57
24
Introduction: Smoking Whitefish
57
1
Rulemaking: Definitions and General Concerns
58
7
Rulemaking Processes
65
3
Limited or No Procedural Requirements
65
1
Informal Rulemaking
66
1
Formal Rulemaking
67
1
Hybrid and Negotiated Rulemaking Processes
68
3
Hybrid Rulemaking
68
2
Negotiated Rulemaking
70
1
Additional Features of the Idealized Legislative Model for Rulemaking
71
4
Representation: Advisory Committees
71
1
Protecting Specific Interests and Values
72
3
Executive Efforts to Influence Federal Agency Rulemaking
75
3
Conclusion: The Philosopher's Stone Versus the Bubble Effect
78
1
Additional Reading
79
2
Evidentiary Adjudication and Enforcement
81
34
Adjudicating Cinderella: A Case of Deceit, Abuse, and Due Process
81
2
What Is Evidentiary Administrative Adjudication?
83
2
Criticisms of Adjudication
85
5
Legal Perspectives
86
1
Administrative Perspectives
87
3
Why Adjudicate?
90
10
Agency Convenience
90
2
Incrementalism Is Advantageous
92
1
Conduct and Application Cases
92
1
Equity and Compassion
93
4
Procedural Due Process
97
2
Caveat Estoppel
99
1
Adjudicatory Hearings
100
4
Presiding Officers
101
1
Administrative Law Judges
101
3
Other Presiding Officers
104
1
Decisions and Appeals
104
2
Alternative Dispute Resolution
106
3
Enforcement
109
3
Conclusion: Should Adjudication Be Reformed?
112
3
Transparency
115
24
Introduction: The Central Intelligence Agency's Budget? What Budget?
115
1
The Administrative Law Framework for Transparent Government
116
1
Public Reporting
117
2
Freedom of Information
119
8
The Freedom of Information Act
119
7
The Presidential Records Act
126
1
Privacy
127
3
Open Meetings
130
3
Whistle-Blower Protection
133
3
Conclusion: An Opaque Fishbowl?
136
1
Additional Reading
137
2
Judicial and Legislative Review of Administrative Action
139
32
Introduction: The Drug Companies' Acetaminophen, Salicylic Acid, and Caffeine Headache
139
2
Judicial Review of Administrative Action
141
23
The Court System
142
5
Reviewability
147
1
Standing to Sue
147
3
Mootness
150
1
Ripeness
151
1
Political Questions
152
1
Timing
153
1
Primary Jurisdiction
153
1
Exhaustion of Administrative Remedies
154
1
Finality
155
1
Deference to State Courts
155
1
The Scope of Judicial Review
156
1
Agency Rules
157
2
FOIA Requests
159
1
Rulemaking Procedures
159
1
Agencies' Statutory Interpretations
160
1
Agency Nonenforcement
161
2
Discretionary Actions
163
1
Adjudication
164
1
Legislative Review of Administration
164
5
Oversight by Committees and Subcommittees
165
1
Reporting Requirements
165
1
Research, Evaluation, Audit, and Investigation
166
1
Sunset Legislation
166
1
Casework
167
1
Strategic Planning and Annual Performance Reports
168
1
Congressional Review Act
168
1
Conclusion: Checks, Balances, and Federal Administration
169
2
Staying Current
171
8
The Primary Function of U.S. Administrative Law
172
4
Constitutional Contractarianism
172
1
Public Administrative Instrumentalism
173
3
Periodicals and Websites
176
1
Talk Administrative Law Talk
177
1
Administrative Law Audits
177
1
The Next Level
178
1
References
179
12
Index
191