A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United StatesRoutledge, 4. veebr 2015 - 319 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 ix
... Contractarianism Incursion on Constitutional Rights The Least Restrictive Alternative and Narrow Tailoring Overbreadth Underinclusiveness XV 1 34 9 9 10 10 Chilling Effect Vagueness 11 11 Constitutional Law as a Work in Progress ...
... Contractarianism Incursion on Constitutional Rights The Least Restrictive Alternative and Narrow Tailoring Overbreadth Underinclusiveness XV 1 34 9 9 10 10 Chilling Effect Vagueness 11 11 Constitutional Law as a Work in Progress ...
Page xvi
... contractarian dimension of the Constitution and the public reason that the Court uses to assess the reasonableness of administrative be- havior . Chapters 2 and 3 explain the immunity regime that the Court has established to accommodate ...
... contractarian dimension of the Constitution and the public reason that the Court uses to assess the reasonableness of administrative be- havior . Chapters 2 and 3 explain the immunity regime that the Court has established to accommodate ...
Page 4
... contractarianism , incursions on constitutional rights must be necessary and bounded , and the Constitution is always a work in progress . Contractarianism From the perspectives of a public administrator seeking reasonable compe- tence ...
... contractarianism , incursions on constitutional rights must be necessary and bounded , and the Constitution is always a work in progress . Contractarianism From the perspectives of a public administrator seeking reasonable compe- tence ...
Page 7
... contractarian logic may seem unexceptional . Why should individual property owners shoulder an excep- tional burden for the production of public goods ? However , contractarian reasoning is controversial in other contexts . For example ...
... contractarian logic may seem unexceptional . Why should individual property owners shoulder an excep- tional burden for the production of public goods ? However , contractarian reasoning is controversial in other contexts . For example ...
Page 8
... Contractarian reasoning is in tension with the Preamble of the Constitu- tion , which looks more toward the production of collective benefits rather than the protection of individual rights . It dedicates constitutional govern- ment to ...
... Contractarian reasoning is in tension with the Preamble of the Constitu- tion , which looks more toward the production of collective benefits rather than the protection of individual rights . It dedicates constitutional govern- ment to ...
Contents
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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Common terms and phrases
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