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http://ssrn.com/abstract=1738491
 
 

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The Future of the Administrative Presidency: Turning Administrative Law Inside-Out


Sidney A. Shapiro


Wake Forest University School of Law

Ronald F. Wright


Wake Forest University - School of Law

January 11, 2011

Wake Forest Univ. Legal Studies Paper No. 1738491

Abstract:     
The administrative presidency, congressional oversight and judicial review, are efforts to control bureaucratic discretion from outside of the agencies. Administrative law focuses almost exclusively on such "outside-in" accountability. Meanwhile, public administration scholars discuss the potential of "inside-out" approaches: managerial controls and professionalism. We propose a model of bureaucratic behavior that identifies the ideal conditions for inside-out accountability. By postulating that self-interested and other-regarding motives of bureaucrats can both be present to varying degrees in different agency environments (something that the competing public choice model does not do), our approach allows government redesign to respond to empirical learning in public administration scholarship. This learning suggests overall accountability can be enhanced if the tools of the administrative presidency (political appointments and centralized control) are reduced in favor of enhanced inside-out approaches in appropriate contexts.

Number of Pages in PDF File: 43

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Date posted: January 12, 2011  

Suggested Citation

Shapiro, Sidney A. and Wright, Ronald F., The Future of the Administrative Presidency: Turning Administrative Law Inside-Out (January 11, 2011). Wake Forest Univ. Legal Studies Paper No. 1738491. Available at SSRN: http://ssrn.com/abstract=1738491 or http://dx.doi.org/10.2139/ssrn.1738491

Contact Information

Sidney A. Shapiro (Contact Author)
Wake Forest University School of Law ( email )
P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5430 (Phone)
Ronald F. Wright
Wake Forest University - School of Law ( email )
P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5727 (Phone)
336-758-4496 (Fax)

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