Understanding Law for Public Administration

Title
Copyright
Contents
Preface
About the Author
About Using This Book
Chapter 1 What Is Law?
	Rules and Their Legitimacy
	“Rule of Law”
		Natural Law
		Sources of Norms
		Evolution of Formal Law
	Sources of Formal Law
		Constitutional System
			Federalist System
			Separation of Powers
		Legislation
			Legislative Enactment Process
			Voter Legislation
			Federal Legislation
			State Legislation
		Judicial Decisions
			Judges and the Law
			Federal Courts
			State Courts
		Agency Regulations
		International Law
Chapter 2 Constitutional Principles
	Text of the Constitution
		Federal Government
			Congress
			President
			Judiciary
		Individual Rights
	Who Decides What the Law Means?
		Judicial Review: Marbury v. Madison
	How Is the Constitution Interpreted?
		Molding the Constitution: Griswold v. Connecticut
		Approaches to Constitutional Interpretation
			Originalism
			Living Constitution
			Interpretive Balance
Chapter 3 Due Process, Equal Protection, and Civil Rights
	Due Process
		Procedural Due Process
		Minimum Procedure: Mathews v. Eldridge
		Due Process and Fundamental Rights
			Implied Fundamental Rights
			Incorporation Against the States
	Equal Protection
		Legal Preferences: Grutter v. Bollinger
		Scrutiny of Classifications
	Remedies for Civil Rights Violations
Chapter 4 Freedom of Speech and Religion
	Free Speech
		Speech Regulation
			Content Prohibitions
			Provocative Expression: Texas v. Johnson
		Liability for Harming Reputation
		Immunity from Liability
	Religious Freedom
		Establishment Clause
			Government Entanglement with Religious Practices
			Public Religious Display: Van Orden v. Perry
		Free Exercise
Chapter 5 Freedom of Information
	Freedom of the Press
		Limits on Publication
		Prepublication Restraint: New York Times v. United States
			Press Access
	Public Records Laws
		Federal Public Records Laws
		State Public Records Laws
		Records Retention and Disposal
	Open Meetings
		Federal Open Meetings Laws
		State Open Meetings Laws
		What Is a Meeting?: Buck v. Shelton
Chapter 6 Property
	Property Rights and Responsibilities
		Eminent Domain
		Land Use Controls
			Exaction Proportionality: Dollan v. City of Tigard
			Zoning and Planning
			Environmental Regulations
			Property Taxes
	Real Estate Transactions
		Interests
			Owners
			Fee Ownership
			Security Interests
			Term Estates
			Leases
			Easements and Covenants
			Times Shares, Cooperatives, and Condominiums
			Manufactured Housing
		Instruments
		Recording
		Recording Priorities: Grose v. Sauvegeau
		Conveyances
		Title Insurance
	Intellectual Property
		Patents
		Copyrights
		Trademarks
		Trade Secrets
Chapter 7 Contracts and Companies
	General Contract Considerations
	Contract Formation
	Contract Breach and Termination
	Drafting Contracts
	Contract Remedies
		Expectation Damages
		Reliance Damages
		Liquidated Damages
		Specific Performance
		Unjust Enrichment
		Duty to Mitigate
	Government Contracts
		Public Contracting Requirements
		Taxpayers and Public Contracts: Thompson v. Voldahl
		Bidding
		Bidder Remedies: Lawrence Brunoli, Inc. v. Town of Bradford
	Business and Non-Profit Organizations
		Organizational Objectives
		Common Organizational Forms
			Corporations
			Limited Liability Companies
			Partnerships
			Limited Partnerships
			Trusts
			Other Organizations
Chapter 8 Employment
	Employer Approaches to Avoiding Employment Law Problems
	Impermissible Employment Decisions
		Statutory Rights
		Contract Rights
		Good Faith Covenant: Berube v. Fashion Centre, Ltd.
		Imputed Prohibitions Against Termination
			Public Policy
			Political Partisanship in Public Employment
			Protected Speech in Public Employment: Garcetti v. Ceballos
	Position Classification
	Pay, Benefits, and Work Conditions
		Wage and Hour Restrictions
		Employment Taxes
		Medical and Retirement Benefits
		Workers’ Compensation
		New Hire Reporting
	Work Facilities
	Sexual Harassment
	Unions
Chapter 9 Torts
	Elements of a Negligence Action
		Duty
		Assuming a Duty: Biakanja v. Irving
		Breach of Standard of Care
		Legal Cause
		Damages
			Compensatory Damages
			Pain and Suffering and Punitive Damages
		Loss of Consortium and Wrongful Death
	Joint Responsibility
		Joint and Several Liability
		Comparative Negligence
		Contribution
	Strict Liability
	Intentional Harms
		Assault and Battery
		False Imprisonment
		Intentional Infliction of Emotional Distress
		Intentional Interference with Contractual Relations
		Trespass and Nuisance
	Fraud and Misrepresentation
	Liability for Employees and Agents
	Government Immunity from Tort Liability
		Nature of Sovereign Immunity
		Tort Claims Acts
		Scope of Waiver: Dolan v. United States Postal Service
		Waiver by Insurance
	Statutes of Limitations
Chapter 10 Criminal Law and Procedure
	Defining Criminal Offenses
		States of Mind
		Constitutional Limitations
			Conditions and Acts
			Knowing the Forbidden: Papachristou v. City of Jacksonville
		Attempt
		Defenses
			Insanity and Diminished Capacity
			Self-Defense
		Responsibility for Acts of Others
	Criminal Procedure
		Investigation
			Warrants and Exceptions
			Self-Incrimination and Miranda Warnings
			Eyewitness Identification
		Prosecution
			Charging and Arraignment
			Bail
			Prosecutor Disclosures: United States v. Agurs
			Witnesses
			Right to Counsel
			Jury Trial
			Speedy Trial
			Proof Beyond a Reasonable Doubt
			Double Jeopardy
		Punishment
			Sentencing Guidelines
			Death Penalty
	Habeas Corpus
Chapter 11 Administrative Law and Procedure
	Development of Administrative Law
		Growth of Agencies
		Administrative Procedure Acts
	Administrative Powers
		Nature of Agency Power
		Limits of Delegated Authority
		Standards and Safeguards: Bring v. North Carolina State Bar
		Executive Orders
	Rulemaking
		Formal Rulemaking
		Informal and Hybrid Rulemaking
		Negotiated Rulemaking
		Public Petitions for Rulemaking
	Administrative Adjudication
		Decision Makers
		Procedure
	Investigation
	Judicial Review
		Scope of Review
		The Record: Frankel v. Board of County Commissioners of Teton County
		Protected Interests
		Exhaustion of Remedies
Chapter 12 Public Ethics Law
	Public Authority and Criminal Law
	Constitutions and Misconduct: People v. Howard
	Ethics Laws
		Misuse of Government Property and Information
		Limitations on Participation
			During Service
			Local Officials and Conflicts: Van Itallie v. Franklin Lakes
			After Departure
		Gifts
		Outside Income and Honoraria
		Financial Disclosure
		Ethics Authorities
		Ethics Training
		Laws Governing Third Parties Dealing with the Government
Chapter 13 Civil Litigation and Alternative Dispute Resolution
	Disputes and Uncertainty
	Remedies
		Types of Relief
		The “American Rule”: Alyeska Pipeline Services Co. v. Wilderness Society
	Litigation Process
		Pretrial
			Pleadings
			Motions to Decide the Case
			Discovery from Other Parties in the Case
			Discovery from Third Parties
		Pretrial Conduct:
			Dondi Properties Corp. v. Commercial Savings & Loan Ass’n
		Experts
		Trials
			Judges and Juries
			Trial Procedure
	Appeals
	Collecting Judgment
	Alternative Dispute Resolution
		Mediation
		Arbitration
Chapter 14 Managing the Lawyer Relationship
	The Lawyer’s Role
	Clients and the Dynamics of Law Practice
	Choosing a Lawyer
		Qualifications and Practices
		Some Questions to Consider
	Client–Lawyer Relationship
		Loyalty
		Confidentiality
		Decision-Making Authority
		Compensation
		Lawyers and Insurance Coverage
	Lawyer Obligations to Others
	Lawyer Termination of Client Relationship
	Lawyer Misconduct and Liability
Chapter 15 Educating Yourself About the Law
	The Nature of Legal Research
	How to Approach Legal Research
	Where to Begin
	Internet Research
		Commercial Subscription Services
		Other Internet Resources
	Being Current
		Supplements, Pocket Parts, and Other Updates
		Shepard’s Citations and Internet Search Service Updates
	Legal Citations Generally
	Researching Legislation
		How to Read Legislation
		How to Find Legislation
			Federal Statutes
			State Statutes
			Local Government Ordinances and Regulations
			Legislative History
	Researching Cases
		How to Read Cases
		Case Citations
		How to Find Cases
			Digests
			Key Number System
			Annotated Statutes
		Federal Cases
		State Cases
	Researching Regulations
		Federal Regulations
		State Regulations
	Researching Administrative Decisions
	Secondary Reference Material
		Encyclopedias
		Treatises
		American Law Reports
		Law Journals
		Restatement
	Researching International Law
	Learning by Doing
Index