Federal set-asides policy and minority business contracting: understanding the adarand decision

In Adarand Constructors v. Pena ⁽¹⁾, the Supreme Court ruled that federal affirmative action preference programs must undergo the “strict scrutiny” standard. A program subject to strict scrutiny is one that cannot pass muster under the Constitution's “equal protection” mandate unless there is a “compelling government interest” in its objectives and the program is “narrowly tailored” to meet the objectives. This paper reviews the Adarand decision and discusses the implications of the decision for minority business federal contracting.     

Teaching public administration,public management and policy analysis: some international comparisons

This article compares the design and content of domestic and foreign programs for teaching public administration and management. At the Master's level, curriculum designers, irrespective of location, emphasize organization theory, personnel, policy analysis, and microeconomics. However, domestic programs place much more emphasis on research methods and budget management. International programs place more emphasis on public law and management information systems. At this time, neither domestic nor international programs report much required training in leadership, bargaining, or institutional design.     

A classic debate revisited: The policy/administration dichotomy in tax polittcs

One of the oldest debates in political science is over the separation of policymaking from administration. The primary purpose of this paper is to resurrect the distinction as both a guide to empirical theory describing the political process and as an element in the normative debate over how that political process should ideally work. I first discuss the classic dichotomy and arguments for and against it. I then argue that tax politics can best be described as a trichotomy, in which there resides a “middle” set of actors, labelled professional policy managers, who have very important policymaking roles, but who also have many characteristics of administrators. In making these distinctions, I also outline a distinctive form of accountability that resides with each set of actors. Based on these forms of accountability, I reiterate the importance of separating and distancing “pure” administration from policymaking and political pressures. I also argue that effective policy is best insured by balancing the roles of policymakers, policy managers and administrators.     

Budgeting,policy and administration: patterns and dynamics in the U.S

This article examines the relationships between policy, administration, and budgeting I argue that the administration of government is directly and primarily influenced by changes in policy and budgeting. A conceptual framework of the interrelationship between these three factors is presented. This framework is applied to Schick's classic periodicization of twentieth century U.S. history. Three value orientations of budgeting—control, management, and planning—were evident at different times during these periods. The framework is then applied to the period since 1981, labeled a phase of limitation. This phase has been an unhealthy development in American government.     

Public administration and public policy: old perspectives,new directions

Public administration has rather studiously avoided serious consideration of its ties to public policy throughout most of this century. The politics/administration dichotomy leaves a lasting legacy. Policy has a central place in the ongoing effort to explain what public administration is and how it functions. Policy defines the purpose of agencies, stipulates much of the detail about their organization, provides authority and legitimacy, and makes them important -- probably the most important--instruments of policy effectuation and evaluation. Public administration has traditionally displayed an interest in management; it has been studied, taught, and practiced as method, “how to.” This instrumentalist orientation has addressed successively different perspectives, all subsumed within the rubric of public administration. The first of these emphasized administrative reform, followed by an interest in scientific management. These left a legacy that largely treated administration as an end in itself, divorced from matters of policy. Further developments during the depression and post-war years gave prominence to human relations and decisionmaking. These newer orientations emphasized public administration's non-involvement with policy, although decisionmaking proved less inward-oriented and contributed some methodological insights for better understanding policy's ties to public administration. Decisionmaking's preoccupation with unifunctional organizations accountable to a single power center has proved a formidable obstacle to empirical investigations of policy/administration ties, however. This dilemma calls for new perspectives from which to study these ties; one promising perspective is the examination of administrative involvement in successive stages of the policy process.     

Network structures and network effects across management and policy contexts: A systematic review

The wide application of networks in public administration has been driven by the practical need to address increasingly complex management and policy problems. To understand the outcomes of network structures, we reviewed empirical network research and examined the effects of six network structural properties across the five most studied policy domains. We found that certain structural properties such as global connectedness were consistently associated with positive network effects. Other structures such as brokerage/structural holes provided mixed findings, depending on the policy domain. Overall, our field is still in the early stages of developing research on network effects. The number of hypotheses on both node-level and system-level effects in any policy domain was relatively small. Most studies focused only on a single network at a single point in time, and thus very little work currently exists that examines the influence of contextual factors and their combined effects with network structures.     

A new continuity with colonial administration: Participation in development management

Development management owes an unacknowledged debt to colonial administration, specifically to indirect rule. Development management, as opposed to development administration, has newly adopted a specific set of managerialist participatory methods, to achieve 'ownership' of development interventions. These methods are particularly evident in World Bank/ imf implementation of Poverty Reduction Strategy Papers ( prsp s) and Comprehensive Development Frameworks ( cdf s). They have their conceptual foundation in action research, invented, it can justly be argued, by John Collier, Commissioner of the US Bureau of Indian (ie Native American) Affairs 1933-1945. Collier was a self-proclaimed colonial administrator, and remained an advocate of indirect rule as late as 1963. Evidence is presented to show his development of action research was a tool of indirect rule. Achieving 'empowerment' through participation was at its very beginning, therefore, subject to the colonialist's asserted sovereign power; and the limited autonomy it granted was a means of maintaining that power.     

Assassination and the law: A policy memorandum

Normally, assassination is a crime under international law. Yet there are rare, residual circumstances where it may be not only permissible but law enforcing. Insofar as international law is part of United States law, assassination might—in these very extraordinary circumstances—not be unlawful. Drawing on the explicit expectations of international law and the natural law foundations of U.S. municipal law, this article acknowledges that assassination must always be impermissible as an instrument of Realpolitik, but that in a world that continues to confront innocent populations with terrible harms (terrorism, war, genocide) assassination does have a proper place. Throughout this examination, philosophical and jurisprudential perspectives are fused with both pertinent tactical considerations and utilitarian calculations.     

Managing the contract: A transaction cost analysis of externalisation

This paper examines the externalisation of the London Borough of Ealing's Technical Services Group between 1994 and 1999, the first local government Technical Services function to be externalised as a whole. The case is discussed in the light of transaction cost theory from economics. The study illustrates the difficulties that arise under local authority competitive tendering where the parties enter into an incomplete contract and rely on mutual goodwill to adjust the contract terms later. The study confirms that transaction costs can be pervasive in local government contracting.     

Exorcising the ghost of the politics-administration dichotomy: an institutional theory of administration policy making

This article takes implementation theory one critical step further. It argues that administrative policy making is a separate, distinguishable process, not a stage in or component of the legislative policy-making process. In addition, it argues that the institutional setting for policy making has a major influence on policy ideas, choices, and actions. Administrative agencies form a distinct institutional setting for policy politics, and setting influences policy outcomes. The implications of the institutional perspective for understanding policy making, policy analysis, and the legitimacy of public organizations are examined.

The ghost of the politics-administration dichotomy haunts implementation theory. Although numerous scholars have declared the dichotomy dead,⁽¹⁾ administrative policy making is still seen as a component or step in the policy process that is dominated by elected officials. For example, Kelman recently examined the different institutional settings of policy making.⁽²⁾ Elected officials, in his view, are and should remain the primary source of policy ideas and choices while administrators remain responsible for translating these ideas and choices into practice. Other scholars underscore the lack of effective control by legislators and elected executives. But even those who acknowledge administrative initiative and autonomy see administrators as servants, however weak their masters.

This article takes implementation theory one critical step farther. It argues that administrative policy making is a separate, distinguishable process—not merely a stage in or component of legislative policy making. Policies can and do originate in administrative agencies. These innovations gather supporters and critics, are tested and refined, and can become part of the routine with little, if any, involvement by elected officials or political appointees. Legislation and executive orders commonly ratify existing administrative policies rather than initiate administrative involvement.

In addition, the institutional setting for policy making has a major influence on policy ideas, choices, and actions. Administrative agencies form a distinct institutional setting for policy politics. The institutional setting, it is argued, influences policy outcomes. Administrative policy making is not, however, an entirely discrete process. It intersects with legislative policy making at important and predictable points. The two policy processes, legislative and administrative, are loosely and variably coupled.⁽³⁾ The central distinction is that administrative policy making is dominated by the ideas, norms, routines, and choices of nonelected public employees, whereas legislative policy making is dominated by the perspectives of elected officials. Administrative policy making can occur in the bureaucracies of the President or of Congress.

The argument that these two processes—legislative and administrative—are distinct does not, however, deny their essential overlap. The overlap between these two fundamentally different policy settings has fostered the delusion that there is only one policy setting with legislative and administrative components. Clearly elected officials influence administrative policy making, and, just as clearly, administrators influence legislative policy making.⁽⁴⁾ Nevertheless, their interaction remains obscure without a clearer perception of the profound differences between the two settings. As stated, the importance of administrative policy making seems obvious and uncontroversial, but its implications are strongly resisted.⁽⁵⁾

Public administration and implementation theories have not adequately recognized the importance of administrative policy making in modem welfare states.⁽⁶⁾ Before more fully developing these ideas, four examples of administrative policy making are briefly reviewed.     

Environmental administration,the courts and public policy, 1980-1989

Of the U.S. Environmental Protection Agency's seven major enabling statutes, six contain citizen suit provisions which reward anti-EPA plaintiffs. This fact, coupled with the agency's increasing use of the courts to bolster its enforcement efforts, yield a multitude of avenues through which courts have affected the policies and administration of the agency. This article discusses how the courts have affected the EPA in the 1980s and then briefly assesses the implications of such court-agency interaction for the successful operation of public agencies in the next decade. ^{? ?}This paper, particulary sections three and four, draws heavily upon a more detailed presentation examining the impact of federal court decisions on the policies and administration of the EPA from 1970 through 1988, published as O’Leary, R. Administrative Law Review, vol. 41. no. 4 (Fall, 1989).      

Insulation by administration: the neutralization of competing interests in a rent control program

Many attempted solutions to the rental housing shortage in urban areas have resulted either in deterioration of the housing stock or the abandonment of the proposed solutions with a consequent fundamental change in the nature of the community. The competing interests--landlords, tenants, banks, taxpayer groups, social reform groups--cannot afford to have any single interest dominate the program. The administrative processes of rent control programs become the focus of conflict between these irreconcilable forces. The rent control program in Brookline avoids much of the problem by a calculated policy to neutralize the competing interests. The history of the program which describes the development of this policy is divided into three parts: (1) 1970-73 when conflict between the groups all but destroyed the program and produced various adjustments in it; (2) 1972-75 when a definite policy of neutralization was followed by a new board chairperson and a new director-counsel; and (3) 1975-77 when the policy was continued under a new chairperson (with the same director-counsel) who faced a very different board membership. Since a majority of Brookline voters and some 75% of its population are tenants, this policy provides an opportunity to discuss a normative theory of democracy as majority rule and the way it relates to the solution of pressing social problems.     

Teaching public management: the case for (and against) cases

This article calls for an increased and more rigorous use of the case method in public administration education. Cases yield generalizations, cases help students take ownership of knowledge, and cases can further repetition of behavioral characteristics important to students such as empathy and self-confidence.

The gradual expansion of public policy training into the area of public management has brought with it a marked increase in the use of cases and case teaching. Executive training programs, an ever more common feature of publicpolicy schools, rely even more heavily on case. Despite their prevalence and popularity, cases and case teaching have come in for considerable criticism. Social scientists in particular fault them for being atheoretical and, hence, lacking in intellectual rigor. Contemporary cases are also faulted for implicitly endorsing an “activist” or “heroic” view of public management. Whereas cases from the 1940s and 1950s portrayed a functional view of public managers, recent cases portray managers as people who actively shape their legal mandates and use administrative systems to promote political objectives--a questionable image to convey to students training for public service.⁽¹⁾

The first half of the paper describes in some detail a seminar, “Ethics and Public Management,” conducted at the Kennedy School by Mark Moore, Mark Lilla, and the author.     

City management,public administration and the American enlightenment

As the cost and size of government continues to escalate, there is a growing concern over increasing the efficiency and effectiveness in the delivery of public services. Productivity bargaining as one tool has Cained the attention of a small but growing number of public officials who see this technique as one rational method of resolving the conflicting pressures generated by the demand for government services on the one hand and limited resources on the other. The experience of one large metropolitan area with productivity bargaining is reviewed at some length.