Holding Government Bureaucracies Accountable

By Bernard Rosen | Go to book overview
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Knowing that the courts are there; knowing that an increasingly litigious citizenry--individuals and organizations--is prepared to go to court, knowing that citizens may be reimbursed for their legal expenses if they prevail in court, knowing that the Justice Department will examine the agency's action as to both procedure and substance, knowing that agency officials are not free of personal liability, knowing all this strongly encourages administrators to be mindful of the intent of the law and the rights of individuals as they make policy and manage programs.


NOTES
1.
U.S., Constitution, Art. 3, Sect. 2.
5.
60 Stat. 812 ( 1946).
6.
Public Law 96-481, October 1980.
7.
Annual Report, Director, Administrative Office of United States Courts ( Washington, D.C.: 1987), pp. 96-101; 1994 Annual Report on Equal Access to Justice Act ( Washington, D.C.: U.S. Department of Justice, May 1995).
8.
87 S.Ct. 11 ( 1968).
9.
347 U.S. 483 ( 1954).
10.
U.S. v. Nixon, 418 U.S. 683 ( 1974).
11.
Baker v. Carr, 82 S.Ct. 691 ( 1962).
12.
Roger Cramton, "Judicial Law Making and Administration", Public Administration Review (September/ October 1976), pp. 551-55.
13.
Newman v. State of Alabama, 349 Fed. Supp. 278 ( 1972); Pugh v. Locke, 406 Fed. Supp. 318 ( 1976).
14.
Wyatt v. Stickney, 325 Fed. Supp. 781 ( 1971); 344 Fed. Supp. 373 ( 1972); 344 Fed. Supp. 387 ( 1972).
15.
Washington Post, July 18, 1976.
16.
Archibald Cox, The Role of the Supreme Court in American Government ( New York: Oxford University Press, 1976).
17.
Abram Chayes, Harvard Law Review 89, no. 7 ( May 1976), pp. 1307-1308.
18.
Harry L. Miller, "The Right to Treatment; Can the Courts Rehabilitate and Cure?" The Public Interest, no. 46 (Winter 1977), pp. 107-108; Nathan Glazer, "Should Judges Administer Social Services?" The Public Interest, no. 50 (Winter 1978), p. 65.
19.
Rostker v. Goldberg, 101 S.Ct. 2646 ( 1981).
20.
Schweicker v. Wilson, 101 S.Ct. 1074 ( 1981).
21.
Rhodes v. Chapman, S.Ct. Docket #80-332 ( 1981).
22.
Public Law 404, 79th Cong., 2d sess., 1946.
23.
5 U.S.C., sect. 553 ( 1976).
24.
Citizens to Protect Overton Park, v. Volpe, 401 U.S. 416 ( 1971).
25.
Public Law 404, Sect. 10, 79th Cong., 2d sess., 1946.
26.
397 U.S. 254 ( 1970).
27.
435 U.S. 519 ( 1978).

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