Administrative Burden


Book Description

Winner of the 2020 Outstanding Book Award Presented by the Public and Nonprofit Section of the National Academy of Management Winner of the 2019 Louis Brownlow Book Award from the National Academy of Public Administration Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.




The Administrative Threat


Book Description

Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.




A Guide to Federal Agency Rulemaking


Book Description

A concise but thorough resource, the guide provides a time-saving reference for the latest case law, and the most recent legislation affecting rulemaking.




Is Administrative Law Unlawful?


Book Description

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.




Unmasking Administrative Evil


Book Description

Although social scientists generally do not discuss "evil" in an academic setting, there is no denying that it has existed in public administration throughout human history. Hundreds of millions of human beings have died as a direct or indirect consequence of state-sponsored violence. The authors argue that administrative evil, or destructiveness, is part of the identity of all modern public administration (as it is part of psychoanalytic study at the individual level). It goes beyond a superficial critique of public administration and lays the groundwork for a more effective and humane profession.




Essential Operational Components for High-Performing Healthcare Enterprises


Book Description

"While the future of US healthcare is unclear the move toward value-based care is undoubtedly its next major shift. Reimbursement payment programs have already begun this metamorphosis and are increasingly being tied to quality measures. With the urgency of revolutionary change in the background, the healthcare organization must transform its care and business models to evolve into a next-level healthcare enterprise. In Essential Operational Components for High-Performing Healthcare Enterprises, Jon Burroughs and other nationally respected experts highlight the building blocks necessary to transform a healthcare organization into an integrated delivery system. In this operational model, hospitals and other entities in the system work together to achieve common clinical and business goals. Shifting from reactive to proactive, healthcare leaders must move the mindset and strategy of the healthcare system, from caring for the ill to preventing illness. This radical book proposes a framework of innovative strategies for shifting to a fully engaged, aligned, and integrated delivery system: - Effective leadership - The role of clinical staff - Strategic planning - Clinically integrated networks - Health information management - Population health - Actuarial risk and cost management The push for efficiency, quality, and cost reduction demands change in every area of the US healthcare system. Essential Operational Components for High-Performing Healthcare Enterprises defines the fundamental enterprise-wide elements that all healthcare organizations will need to embrace to excel in a value-based world"--




Standards for Internal Control in the Federal Government


Book Description

Policymakers and program managers are continually seeking ways to improve accountability in achieving an entity's mission. A key factor in improving accountability in achieving an entity's mission is to implement an effective internal control system. An effective internal control system helps an entity adapt to shifting environments, evolving demands, changing risks, and new priorities. As programs change and entities strive to improve operational processes and implement new technology, management continually evaluates its internal control system so that it is effective and updated when necessary. Section 3512 (c) and (d) of Title 31 of the United States Code (commonly known as the Federal Managers' Financial Integrity Act (FMFIA)) requires the Comptroller General to issue standards for internal control in the federal government.




Handbook of Public Administration


Book Description

The past two decades have been marked by a period of substantial and often fundamental change in public administration. Critically reflecting on the utility of scholarly theory and the extent to which government practices inform the development of this theory, the Handbook of Public Administration was a landmark publication which served as an essential guide for both the practice of public administration today and its on-going development as an academic discipline. The Concise Paperback Edition provides a selection of 30 of the original articles in an accessible paperback format and includes a new introduction by B. Guy Peters and Jon Pierre. It is an essential point of reference for all students of public administration.




Administrative Competence


Book Description

This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.