A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United StatesRoutledge, 4 Feb 2015 - 319 halaman An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964. |
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Halaman xvii
... ment and the constitutional protection of individual rights . Obviously , the task is not simple ; it is imbued with tension . To help manage this structural tension , the Court has reached out to the judicial power under Article III to ...
... ment and the constitutional protection of individual rights . Obviously , the task is not simple ; it is imbued with tension . To help manage this structural tension , the Court has reached out to the judicial power under Article III to ...
Halaman 7
... ment jail reform case , a federal court reasoned that " [ i ] nadequate resources can never be an adequate justification for the state's depriving any person of his constitutional rights . If the state cannot obtain the resources to ...
... ment jail reform case , a federal court reasoned that " [ i ] nadequate resources can never be an adequate justification for the state's depriving any person of his constitutional rights . If the state cannot obtain the resources to ...
Halaman 8
... ment to forming " a more perfect union , " establishing " justice , " ensuring " do- mestic tranquility , " providing for " the common defence , " and promoting " the general Welfare , ” as well as securing the " Blessings of Liberty ...
... ment to forming " a more perfect union , " establishing " justice , " ensuring " do- mestic tranquility , " providing for " the common defence , " and promoting " the general Welfare , ” as well as securing the " Blessings of Liberty ...
Halaman 12
... ment or the Fourteenth Amendment known the components of liberty in its manifold possibilities , they might have been more specific . They did not presume to have this insight . They knew times can blind us to certain truths and later ...
... ment or the Fourteenth Amendment known the components of liberty in its manifold possibilities , they might have been more specific . They did not presume to have this insight . They knew times can blind us to certain truths and later ...
Halaman 20
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Isi
Part II Constitutional Rights of the Public Servant | 59 |
Part III Civil Rights of a Public Servant | 153 |
Part IV Conclusion | 229 |
The Constitution of the United States of America | 243 |
The Bill of Rights and Additional Amendments | 255 |
Title VII of the Civil Rights Act of 1964 as Amended | 265 |
Glossary | 273 |
Index | 287 |
About the Authors | 299 |
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accommodation action affirmative defense agency law alleged Americans with Disabilities applied argued Board of Education burden chapter Circuit citizens Civil Rights Act claim classification Clause clearly established Coleman complaint conduct Congress constitutional law constitutional rights constitutionally contractarian Court held Court of Appeals defense of qualified discrimination disparate impact doctrine EEOC Ellerth employer liability enforcement environment sexual harassment equal protection evidence Federal District Court Fourteenth Amendment Fourth Amendment government employer governmental Harlow hostile environment sexual individual Intermediate scrutiny issue judicial liberty lower court majority ment Meritor Savings Bank misconduct municipal percent Pickering plaintiff President procedural due process property interest public concern public officials Public Personnel public policy qualified immunity quid pro quo quo sexual harassment reasonable person reasonable public servant Rosenbloom scrutiny Senate sexual harassment speech statutory summary judgment supervisor Supreme Court theory tion Title VII tort United vicarious liability violation workplace York