Capitol and the National Mall at the Taxpayer March on Washington on September 12, The Tea Party movement focuses on a significant reduction in the size and scope of the government. The Tea Party does not have a single uniform agenda.
Constitution, then examined how lower courts have applied the holdings of these Supreme Court cases to situations involving university professors at state colleges. Unlike employment law based on the Bill of Rights in the U. Constitution, which only applies to government employees, the principles in this essay are applicable to all employees, even employees of for-profit and non-profit organizations.
This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. There is no need to cite those cases, because: Because of my intentional lack of citations in this essay to the mainstream law of at-will employment, a reader might obtain the mistaken impression that the law in this essay is mainstream law.
So, I explicitly caution employees that: Protection against wrongful termination of employment is a developing area of law in the USA, which only rarely protects an employee.
I list the cases in chronological order in the citations in this essay, so the reader can easily follow the historical development of a national phenomenon.
If I were writing a legal brief, I would use the conventional citation Political party 2 essay given in the Bluebook. At the end of this essay, I urge readers to contact their state legislators and push for stronger state statutes in this area.
Recognizing that this rule of law is too harsh, courts in the s began to develop an exception to the absolute right of an employer to terminate an at-will employee, in cases where the employer violated a clearly expressed public policy.
The process of developing the public-policy exception to at-will employment accelerated during the s and s, not only with judicial recognition of public policy, but also legislatures passing statutes providing whistleblowers with protection from retaliatory discharge.
Such a violation could be either: I emphasize that the above public-policy exceptions are not the law in every state of the USA, but do describe the law in many states of the USA.
The law varies from state to state, so no terse, general description of employment law can be absolutely correct for every state in the USA. These limited public-policy exceptions in the majority of states do not create rights of freedom of speech for learned professionals, nor do they create rights of learned professionals to uphold high ethical standards.
The above public-policy exceptions are mentioned only as a foundation of the law that is discussed in the remainder of this essay. In some states this cause of action is a tort, in other states it is a breach of contract action. Citations to cases are found in my companion essay on the history of at-will employment in the USA.
In many states, the public-policy exceptions have been created by the legislature in statute s that specifically gives the ex-employee the right to sue for wrongful discharge.
In order to shorten this long essay, I have moved this detailed discussion to my companion essay on the history of at-will employment in the USA. Just as bad, unjust or unethical decisions by management are legally protected.
As a result of judicial reluctance in this area, even in states which do permit the tort of wrongful discharge of at-will employees for public policy reasons, the tort offers little or no protection to most employees. In the case of Connick v.
In the case of Waters v. In both of these cases, the discharged employee was not insubordinate, but only discussing matters of professional ethics with another professional.
These obligations require independent and individual professional judgments from the attorneys. In my view, this makes attorneys exempt from blindly following orders of superiors in every instance. By presenting to the court whether by signing, filing, submitting, or later advocating a pleading, written motion, or other paper, an attorney In plain English, this Federal Rule requires that the attorney must first make "an inquiry reasonable under the circumstances" and then not mislead the court about either fact s or law.
This personal obligation to be honest applies to the submission of any paper to the Court. As stated later in this essay, there is case law in the USA for recognizing ethical codes of professional societies. It would strengthen the analogy if professors took an oath that their fundamental duty was to teach their students in a rigorous way and to do scholarly research without regard to who might be offended.
As I said in my essay on academic freedomtenure protects senior professors from quick termination of their employment.
However, untenured professors, post-doctoral research associates, instructors, and other professional personnel on the staff are all typically on an annual contract, which the college can simply refuse to renew. One can easily imagine librarians getting in trouble because some people want to ban a book or magazine from the library, or impose some other kind of censorship.THE SUBJECT of this Essay is not the so-called Liberty of the Will, so unfortunately opposed to the misnamed doctrine of Philosophical Necessity; but Civil, or Social Liberty: the nature and limits of the power which can be legitimately exercised by society over the individual.
One evening over dinner, I began to joke, as I often had before, about writing an essay called “Men Explain Things to Me.” Every writer has a stable of ideas that never make it to the racetrack, and I’d been trotting this pony out recreationally every once in a while. The term political correctness (adjectivally: politically correct; commonly abbreviated to PC or P.C.) is used to describe language, policies, or measures that are intended to avoid offense or disadvantage to members of particular groups in society.
Since the late s, the term has come to refer to avoiding language or behavior that can be seen as . Gary Foley's personal Koori History page, with monthly special features on aspects of the Aboriginal struggle, photos, essays, and action.
Media / Political Bias. There is no such thing as an objective point of view. No matter how much we may try to ignore it, human communication always takes place in a context, through a medium, and among individuals and groups who are situated historically, politically, economically, and socially.
As cities and their problems grew rapidly the political environment changed. No longer did politicians run small manageable cities. These were big cities with big city problems and the government structures designed to cope with these problems grew.