First Amendment Rights Of Federal Workers
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First Amendment Rights Of Federal Workers
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Author : United States. Congress. House. Committee on Government Operations. Employment and Housing Subcommittee
language : en
Publisher:
Release Date : 1991
First Amendment Rights Of Federal Workers written by United States. Congress. House. Committee on Government Operations. Employment and Housing Subcommittee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil rights categories.
First Amendment Rights Of Federal Workers
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Author : United States. Congress. House. Committee on Government Operations. Employment and Housing Subcommittee
language : en
Publisher:
Release Date : 1991
First Amendment Rights Of Federal Workers written by United States. Congress. House. Committee on Government Operations. Employment and Housing Subcommittee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil rights categories.
Garcetti S Impact On The First Amendment Speech Rights Of Federal Employees
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Author : Paul M. Secunda
language : en
Publisher:
Release Date : 2008
Garcetti S Impact On The First Amendment Speech Rights Of Federal Employees written by Paul M. Secunda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
Garcetti v. Ceballos does nothing less than redefine the whole conception of what role public employees should play in ensuring the fair and efficient administration of government services. Through its holding, the Court has now made it nearly impossible for conscientious public servants to speak out in the best interests of the public without jeopardizing their careers. Yet, if possible, the situation is even worse for federal employees. For the uninitiated, Garcetti is the watershed public employment free speech case that drastically cuts down on public employees' First Amendment expression rights while such employees are working pursuant to their official duties. In the name of managerial prerogative, federalism, and separation of powers, it has the effect of making government less transparent, accountable, and responsive because public employees are less secure in their ability to speak out against governmental fraud, corruption, abuse, and waste, without facing retribution from their public employers. The reason for Garcetti's magnified effect on federal employees relates to three primary factors, which include: (1) the unique administrative framework established for federal employees to vindicate their First Amendment interests under the Civil Service Reform Act of 1978 (CSRA); (2) the inexpert nature of the Merit Systems Protection Board (MSPB), the federal agency which has been delegated to hear federal employees First Amendment claims; and finally, (3) the apparent inability of the Federal Circuit Court of Appeals, the court delegated to hear appeals from the MSPB, to understand the nuances and subtleties of the Garcetti decision, given their lack of experience deciding these types of constitutional issues. The cumulative impact of these factors is that federal employees, post-Garcetti, will primarily have to vindicate their rights to free speech in the workplace through a hodge-podge of civil service laws, grievances filed under collective bargaining agreements, and ineffective federal whistleblower statutes. When all of these fail, as they inevitably will, federal employees will have to just grin and bear the evisceration of their constitutional rights and stay silent at work. Collectively as citizens, we are all the poorer for tolerating this undemocratic state of affairs.
First Amendment Rights Of Federal Workers
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Author : United States. Congress. House. Committee on Government Operations. Employment and Housing Subcommittee
language : en
Publisher:
Release Date : 1991
First Amendment Rights Of Federal Workers written by United States. Congress. House. Committee on Government Operations. Employment and Housing Subcommittee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil rights categories.
Privacy Rights Of Federal Employees
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Author : United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
language : en
Publisher:
Release Date : 1990
Privacy Rights Of Federal Employees written by United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Employee rights categories.
The Constitutional Relevance Of The Employer Sovereign Relationship
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Author : Patrick M. Garry
language : en
Publisher:
Release Date : 2007
The Constitutional Relevance Of The Employer Sovereign Relationship written by Patrick M. Garry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Examining the Due Process Rights of Government Employees in Light of the Public Employee Speech Doctrine examines the case law and rationale underlying the rule that public employment qualifies as property under the Due Process clause. Traditionally, the kind of property entitled to due process protections did not include the expectation of continued government employment. But during the rights explosion of the 1960s, the court extended due process protections to a wide range of government benefits and programs, including public employment. This extension, however, departed from the historic grounding of constitutional rights in the citizen-sovereign relationship, with, due process rights now conferred upon individuals not as citizens but as public employees. An analogous situation exists in connection with the First Amendment rights of public employees. The doctrines articulated in this area have continued to incorporate the government-as-sovereign versus government-as-employer distinction. Indeed, the Supreme Court has recently imposed an even more rigid citizen-employee distinction on the type of public employee speech receiving constitutional protection. According to this newly articulated doctrine, the citizen-employee test is a determinative of whether the individual is to enjoy First Amendment rights. If an individual speaks as a citizen, he or she enjoys full constitutional protection; but if that individual speaks as an employee, he or she only receives the protections flowing from the employment relationship. The Article argues that this same approach should be taken with respect to the due process property rights of public employees. For instance, if an individual acquires an expectation of future employment only because of his or her status as a government employee and not as a citizen, then no constitutional due process rights should arise.
The Hatch Act
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Author : John R. Bolton
language : en
Publisher:
Release Date : 1976
The Hatch Act written by John R. Bolton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Political Science categories.
The New Whistleblower S Handbook
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Author : Stephen M. Kohn
language : en
Publisher: Rowman & Littlefield
Release Date : 2017-07-01
The New Whistleblower S Handbook written by Stephen M. Kohn and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-01 with Law categories.
An updated edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney The newest edition of The Whistleblower’s Handbook brings the most comprehensive and authoritative guide to exposing workplace wrongdoing up-to-date with new information on wildlife whistleblowing, auto safety whistleblowing, national security whistleblowing, and ocean pollution whistleblowing. It also includes a new “Toolkit” for international whistleblowers. This essential guide explains nearly all federal and state laws regarding whistleblowing, and in the step-by-step bulk of the book, presents more than twenty must-follow rules for whistleblowers—from finding the best federal and state laws to the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case.
The First Amendment
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Author : David L. Hudson
language : en
Publisher:
Release Date : 2012
The First Amendment written by David L. Hudson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Constitutional law categories.
First Amendment Rights 2 Volumes
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Author : Nancy S. Lind
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2012-11-21
First Amendment Rights 2 Volumes written by Nancy S. Lind and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-21 with Political Science categories.
This two-volume work addresses every key, cutting-edge issue regarding the First Amendment, including subjects such as freedom of religion, freedom of press, freedom of speech, and freedom of organization. First Amendment Rights: An Encyclopedia provides both historical information and current, 21st-century topics in First Amendment issues. Volume 1 addresses the subject through the lens of past decisions and precedent, updated to include controversies between new social media and civil liberties. Volume 2 examines the current state of First Amendment rights, addressing the changes in interpretations of the First Amendment by the Roberts Court as well as in-vogue issues such as Occupy Movements as well as student rights and responsibilities in freedom of religion and speech cases. Key cases are highlighted throughout the text to further comprehension of the underlying issues and subtle complexities. The information is presented so that readers can examine cases in the Roberts court and draw their own conclusions. Coverage is also provided of the challenges and opportunities that arise with the adoption of new technologies and their impact on the interpretations of the First Amendment.
