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 x
... Theory Causation and Moving Force Theory Deliberate Indifference to the Rights of Individual Citizens Deliberate Indifference to Plainly Obvious Risks Damages Liability Conclusion : Moral Responsibility of the Public Official PART II ...
... Theory Causation and Moving Force Theory Deliberate Indifference to the Rights of Individual Citizens Deliberate Indifference to Plainly Obvious Risks Damages Liability Conclusion : Moral Responsibility of the Public Official PART II ...
Page xi
... Theory Employer Liability 171 174 Summary and Concluding Observation 175 9. Sexual Harassment and Employer Liability Sexual Harassment as a Civil Rights Issue 179 180 Forms of Sexual Harassment 181 Agency Theory and Employer Liability ...
... Theory Employer Liability 171 174 Summary and Concluding Observation 175 9. Sexual Harassment and Employer Liability Sexual Harassment as a Civil Rights Issue 179 180 Forms of Sexual Harassment 181 Agency Theory and Employer Liability ...
Page xv
... theory of the reasonable public ser- vant . The public servant takes an oath to perform authorized discretionary functions efficiently and vigorously , yet in a manner that comports with civil rights and liberties guaranteed by the ...
... theory of the reasonable public ser- vant . The public servant takes an oath to perform authorized discretionary functions efficiently and vigorously , yet in a manner that comports with civil rights and liberties guaranteed by the ...
Page xvi
... theory of a reasonable public servant , the book pays close attention to the manner in which the Court balances among competing value priorities — for example , the rights and obligations of a public servant , as employee , as well as ...
... theory of a reasonable public servant , the book pays close attention to the manner in which the Court balances among competing value priorities — for example , the rights and obligations of a public servant , as employee , as well as ...
Page xvii
... stitution published in 1986 and Ethics for Bureaucrats in 1989 ; and Profes- sor David Rosenbloom's Public Administration Review article " Public Administrative Theory and the Separation of Powers " in 1983 PREFACE AND ACKNOWLEDGMENTS xvii.
... stitution published in 1986 and Ethics for Bureaucrats in 1989 ; and Profes- sor David Rosenbloom's Public Administration Review article " Public Administrative Theory and the Separation of Powers " in 1983 PREFACE AND ACKNOWLEDGMENTS xvii.
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