I. The Administrative State, Democratic Constitutionalism, and the Rule of LawThe Problem: Retrofitting the American Administrative State into the Constitutional SchemePublic Administration and American ConstitutionalismThe American Public Administrative "Orthodoxy""Reinvented" Public Administration: Toward a New Public ManagementUS ConstitutionalismControlling Administrative Discretion: The Role of LawJudicial Responses to the Administrative StateConclusion: "Retrofitting" as an Incremental ProjectAdministrative Law and the Judiciary TodayThe Commerce ClauseDelegated PowerThe Federal Governments Administrative Law FrameworkJudicial Review of Agency ActionReview of Informational ActivityAdjudicationsRulemakingReview of Executive OrdersAlternatives to LitigationRegulatory NegotiationEnvironmental Law: Changing Public Administration PracticesJudicial Review of Agency ActionsInterpretation of Environmental LawsThe Growth of Environmental Conflict ResolutionII. The Constitutionalization of Public Administrative ActionThe Individual as Client and Customer of Public AgenciesThe Public Administration of Services Constraining Clients: The Problem of Conditional BenefitsClients and Customers in Court: The Traditional ResponseThe Demise of the Doctrine of PrivilegeA Constitutional Limit to Clients and Customers Interests in Public BenefitsThe Case Law in SumImpact on Public AdministrationStreet-Level EncountersThe Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcement The Fourth AmendmentImpact on Public AdministrationThe Individual as Government Employee or ContractorPublic Administrative Values and Public EmploymentConstitutional Values in Public EmploymentConsidering Whether the Constitution Should Apply to Public EmploymentJudicial DoctrinesThe Structure of Public Employees Constitutional Rights TodayConclusion: The Courts, Public Personnel Management, and ContractingThe Individual as Inmate in Administrative InstitutionsAdministrative Values and Practices Total Institutions and Public Administrative ValuesTheory and Practice in Public Total Institutions Prior to Reform in the 1970s Transformational CasesSubsequent Developments: The Right to Treatment and Prisoners Rights TodayImplementation and ImpactConclusion: Consequences for Public Administrators The Individual as Antagonist of the Administrative StateThe Antagonist of the Administrative StateThe Antagonist in Court: Traditional ApproachesPublic Administrators Liability and ImmunitySuing States and Their EmployeesFailure to Train of to WarnPublic Law Litigation and Remedial LawStandingState Action Doctrine, Outsourcing, and Private Entities Liability for Constitutional TortsLaw, Courts, and Public AdministrationJudicial Supervision of Public AdministrationAdministrative Values and Constitutional DemocracyAssessing the Impact of Judicial Supervision on Public AdministrationThe Next Steps: Public Service Education and Training in Law.