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Handbook of Public Law and Administration (Jossey-Bass Nonprofit and Public Management Series)by Phillip J. Cooper
Synopses & Reviews
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.
Provides an authoritative, jargon-free overview of all aspects of public law and how it affects the public administrator's job and responsibilities. Contributors include judges, legal experts, public administration scholars, and practicing administrators.
About 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.
Table of Contents
PUBLIC LAW FOUNDATIONS OF PUBLIC ADMINISTRATION.
Faithful Execution of the Laws, Rule of Law, and Autonomy of Public Administration (C. Newland).
Public Law and Public Management: A Conceptual Framework (C. Kerwin).
The Importance of Public Law: New and Old Paradigms of Government Management (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 for Workability (C. Newland).
Who Does the Work? Federalism and the Changing Nature of Intergovernmental Relations (L. O'Toole).
Local Implementation of Federal and Stat Programs: Preemption, Home Rule and Federalism (B. Cigler).
ADMINISTRATIVE LAW AND TODAY'S STREET-LEVEL CHALLENGES.
Executive Direct Administration: The Importance to Public Administration of Executive Orders and Proclamations (J. Utter & P. Cooper).
Ordinances, Statutes, and Democratic Discipline: A Local Perspective on Drafting Laws (D. Corliss).
Negotiated Rulemaking (C. Kerwin).
The "How Much Process Is Due?" Debate: Legal and Managerial Perspectives (H. Rainey).
CIVIL SERVANTS, SUPERVISORS AND CHANGING LAW.
The First AmAndment and the Public Sector (D. O'Brien).
Constitutions, Statutes, Regulations, and Labor Relations: Dispute Resolution in a Complex Authority Mix (N. Riccucci).
Privacy and Integrity Testing for Public Employees: Searches, Drug Testing, Polygraphs, and Medical Examinations (N. Cayer).
The Raging Debate Over Equality: Nondiscrimination, Affirmative Action, 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 Tort Liability (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 to Administrators and Enough Accountability (R. O'Leary & P. Weiland).
LAW IN PUBLIC POLICY.
Government Lawyers: Who Represents Government and Why Does it Matter? (C. Clayton).
Race, Education, and the Legal and Administrative Systems: Perpetual Tensions (C. Washington).
Legal Impacts on Budgets and Finance: Anticipating Problems and Reacting to Realities (T. Lauth & P. Cooper).
Legal Issues in Contracting for Public Services: When Business Does Government (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).
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