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American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Combining insights from traditional thought and practice and from contemporary political analysis, Madison's Managers presents a constitutional theory of public administration in the United States. Anthony Michael Bertelli and Laurence E. Lynn Jr. contend that managerial responsibility in American government depends on official respect for the separation of powers and a commitment to judgment, balance, rationality, and accountability in managerial practice. The authors argue that public management—administration by unelected officials of public agencies and activities based on authority delegated to them by policymakers—derives from the principles of American constitutionalism, articulat...
Offering much more than a purely theoretical or retrospective view of public management, this exciting text is an invaluable new addition to the field of public management. Putting the American model in perspective, it establishes the historical, theoretical, analytical, practical and future foundations for the comparative study of public management. Taking a boldly integrative approach, Laurence E. Lynn Jr. combines topics of best practice, performance, accountability and rule of law to provide a much-needed umbrella view of the topic. Well-written and illustrated with case study examples, this is one of the most exciting books on public management available today. As such it is an essential read for every student of public management, administration and public policy.
Includes Part 1, Books, Group 1, Nos. 1-12 (1940-1943)
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