A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United StatesM.E. Sharpe, 2005 - 299 pages 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. |
From inside the book
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Page i
Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. PUBLIC SERVANT Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee with David H. Rosenbloom ...
Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. PUBLIC SERVANT Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee with David H. Rosenbloom ...
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Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. Copyright © 2005 by M.E. Sharpe , Inc. All rights reserved . No part of this book may be reproduced in any form without written ...
Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. Copyright © 2005 by M.E. Sharpe , Inc. All rights reserved . No part of this book may be reproduced in any form without written ...
Page vii
Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. Brief Table of Contents Foreword Rosemary O'Leary Preface and Acknowledgments xiii XV PART I. CONSTITUTIONAL FOUNDATIONS OF ...
Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. Brief Table of Contents Foreword Rosemary O'Leary Preface and Acknowledgments xiii XV PART I. CONSTITUTIONAL FOUNDATIONS OF ...
Page ix
... CONSTITUTIONAL FOUNDATIONS OF PUBLIC SERVICE 1 1. The Constitution and a Reasonable Public Servant Contractarianism Incursion on Constitutional Rights The Least Restrictive Alternative and Narrow Tailoring Overbreadth 349 9 10 ...
... CONSTITUTIONAL FOUNDATIONS OF PUBLIC SERVICE 1 1. The Constitution and a Reasonable Public Servant Contractarianism Incursion on Constitutional Rights The Least Restrictive Alternative and Narrow Tailoring Overbreadth 349 9 10 ...
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Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. 3. Official Responsibility Ambiguity of the Civil Rights Act of 1871 The Case of Monroe v . Pape 2443 45 46 47 48 49 51 52 54 54 ...
Constitutional Foundations of Administrative Conduct in the United States Yong S. Lee, David H. Rosenbloom. 3. Official Responsibility Ambiguity of the Civil Rights Act of 1871 The Case of Monroe v . Pape 2443 45 46 47 48 49 51 52 54 54 ...
Contents
The Constitution and a Reasonable Public Servant 382 | 3 |
Personal Responsibility | 18 |
Official Responsibility | 42 |
Official Responsibility 2443 | 45 |
Property Rights Liberty and Procedural Due Process | 61 |
Freedom of Critical Speech | 85 |
Right to Privacy | 111 |
Equal Protection and Affirmative Action | 132 |
Americans with Disabilities | 201 |
The World of a Reasonable Public Servant | 231 |
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 |
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