A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United States: Constitutional Foundations of Administrative Conduct in the United States
, by Lee; Lily Xiao Hong
- ISBN: 9780765616456 | 0765616459
- Cover: Nonspecific Binding
- Copyright: 9/30/2005
| Foreword | |
| Preface and Acknowledgments | |
| Constitutional Foundations of Public Service | |
| The Constitution and a Reasonable Public Servant | |
| Contractarianism | |
| Incursion on Constitutional Rights | |
| The Least Restrictive Alternative and Narrow Tailoring | |
| Overbreadth | |
| Underinclusiveness | |
| Chilling Effect | |
| Vagueness | |
| Constitutional Law as a Work in Progress | |
| Conclusion: Integrating Constitutional Law into Job Performance | |
| Personal Responsibility | |
| Legal Complications with Personal Liabilility | |
| A Framework for Qualified Immunity | |
| The Institution of Summary Judgment | |
| The Standard of a Reasonable Judgment | |
| Rationale for the Objectively Reasonable Conduct | |
| Contours of Clearly Established Rights | |
| Qualified Immunity as a Balancing Act | |
| Data from Federal Courts | |
| Nature of Complaints | |
| Results of Summary Judgment on Qualified Immunity | |
| Interlocutory Appeals | |
| Discussion and Conclusion | |
| Official Responsibility | |
| Ambiguity of the Civil Rights Act of 1871 | |
| The Case of | |
| Monell v. New York City Department of Social Services: From Absolute Immunity to Absolute Liability | |
| Distinction between Official and Personal Capacity Conduct | |
| Respondeat Superior 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 | |
| Constitutional Rights of the Public Servant | |
| Property Rights, Liberty, and Procedural Due Process | |
| The Plight of Jo-Anne Coleman | |
| Property Interests in Employment | |
| The Doctrine of Privilege | |
| Recognition of Property Interest in Employment | |
| Sources of Expectation | |
| Liberty Interest in Employment | |
| Procedural Due Process | |
| Conclusion: Justice as Fundamental Fairness | |
| Freedom of Critical Speech | |
| Motivations of Critical Speech | |
| The Public Reason for Pickering v. Board of Education | |
| An Evolving Framework for Balancing Analysis | |
| Elucidation of the Public Concern Doctrine | |
| Power of Government as Employer | |
| Constitutional Relief | |
| Conclusion: Unintended Benefits of Critical Speech | |
| Right to Privacy | |
| Evolution of the Right to Privacy | |
| Right to Be Let Alone | |
| Zones of Privacy | |
| Privacy of Personal Information | |
| Limits to Informational Privacy | |
| The Privacy Information in Public Management | |
| Expectatio of Privacy in the Workplace | |
| Standards of Search with Suspicion of Misconduct | |
| Standards of Search without Individualized Suspicion | |
| Fraternal Order of Police Lodge 5 v. Philadelphia | |
| Conclusion | |
| Equal Protection and Affirmative Action | |
| Defunis v. Odegaard: An Early Look at the Equal Protection-Affirmative Action Conundrum | |
| Equal Protection Analysis | |
| The Top Tier: Strict Scrutiny | |
| Grutter, Gratz, and Contemporary Affirmative Action | |
| Diversity in Public Sector Workforces | |
| The Lowest Tier: Ordinary Scrutiny and the Rational Basis Test | |
| The Middle Tier: Intermediate Scrutiny | |
| Classifications and Fundamental Rights | |
| Conclusion: Classifications, Stereotypes, Irrebuttable | |
| Presumptions, and the Reasonable Public Servant | |
| Civil Rights of a Public Servant | |
| Discrimination in Employment | |
| Equal Employment Opportunity | |
| Unlawful Discrimination | |
| The Disparate Impact Approach | |
| The Disparate Treatment Approach | |
| Modifying the Disparate Impact Approach | |
| Modifying the Disparate Treatment Approach | |
| The Final Burden of Persuasion | |
| The Pretext Theory | |
| Employer Liability | |
| Summary and Concluding Observation | |
| Sexual Harassment and Employer Liability | |
| Sexual Harassment as a Civil Rights Issue | |
| Forms of Sexual Harassment | |
| Agency Theory and Employer Liability | |
| Employer Liability in Quid Pro Quo Sexual Harassment | |
| Employer Liability in Hostile Environment Sexual Harassment | |
| Problems of Quid Pro Quo and Hostile Environment Categories | |
| Hostile Environment Constructive Discharge | |
| Hostile Environment Sexual Harassment by Coworkers | |
| Sexual Harassment and Public Policy | |
| Americans with Disabilities | |
| The Structure of the Americans with Disabilities Act of 1990 | |
| A Profile of Workplace Disabilities | |
| Attributes of a "Disabled" Person | |
| Disability in Reference to a Mitigated State | |
| Disability in Reference to a Broad Class of Work | |
| Disability by Reference to Major Life Activities | |
| Record of a Disability | |
| Regarded as Disabled | |
| Meaning of a Qualified Person with a Disability | |
| Ability to Perform Essential Job Functions | |
| Ability to Meet Qualification Standards | |
| Presenting No Threat to the Health and Safety of Others and Self | |
| Preemployment Inquiries | |
| Reasonable Accommodation | |
| Relief and Damages Liability | |
| Conclusion: Pushing the Frontiers of Human Rights | |
| Conclusion | |
| The World of a Reasonable Public Servant | |
| The Relationship of the Public Servant to the Constitution | |
| The Power and Responsibility of a Reasonable Public Servant | |
| Implications of Bounded Constitutional Rights for Public Servants | |
| Public Management, Unsung Heroes, and Constitutional Values | |
| The Constitution of the United States of America | |
| The Bill of Rights and Additional Amendments | |
| Title VII of the Civil Rights Act of 1964, as Amended | |
| Glossary | |
| Index | |
| About the Authors | |
| Table of Contents provided by Ingram. All Rights Reserved. |
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