Beginning in the late 1930s, the US Supreme court abandoned its close scrutiny of federal executive branch agencies and adopted a policy of judicial acquiescence to the federal administrative process which remained in force through the late 1960s. Writing in 1968, public law scholar, Martin Shapiro, aggressive that, at least during the last twenty years the federal court system has devoted the vast bulk of its energies to simply giving legal approval to agency decisions. The essay argues that a new public law risk management model is gradually replacing the public law litigation model in terms of defining the relationship between public administration and the judiciary. Instead upon relying upon the courts to resolve disputes between public agencies and those private interests, the publ...
This symposium of three articles originated at the 2008 American Society for Public Administration National Conference Founders' Forum panel called Transformations in Public Law. It has been apparent for some time that public law has taken a back seat to public management in both research and practice. The articles in this symposium view public law from different theoretical perspectives and critically address recent transformations in government that minimize the role of law. What becomes apparent from using this approach is that public management divorced from its foundation in public law is based on a distorted set of norms and values. Public administration (PA) theories based on value pluralism, pragmatism, and communitarian ethics have informed discussions about the law in this sym...
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