Digital Commons Network^™

America’S Preoccupation With Ethics In Government, Vincent R. Johnson

Faculty Articles

Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs.

There were two threads of development in …

Representation Elections, Anti-Semitism And The National Labor Relations Board, John W. Teeter Jr, Christopher Burnett

Faculty Articles

The use of anti-Jewish propaganda in labor representation elections undermines employee freedom and workplace democracy. This Judeopathic practice has proved to be a vexing problem for both the National Labor Relations Board (“the Board”) and the federal courts. The Board has been haphazard and lax in applying the doctrine of Sewell Manufacturing Co. in cases involving anti-Semitism, whereas the federal appellate courts have applied Sewell more consistently to purge elections of anti-Jewish misconduct. This divergence between the Board and reviewing courts may be the result of a pattern of nonacquiescence on the part of the Board. There are four fundamental …

Disturbing The Peace, Emily A. Hartigan

Faculty Articles

When concerns of race, gender, and orientation intersect with the Catholic faith and church, the interaction can prove painful and difficult. Experiences of feeling judged or condemned ricochet between camps, the members of each desperate to defend that which they feel is inherent to them, to their identities and self-understanding. But despite the damage that Catholicism can and has inflicted by its striction and history, it retains a mode of outreach to the disaffected—La Virgen, dark and female and still only just coming to be understood. She is controversial and always subject to attempts at political manipulation, but she is …

The Government Contractor Defense: Breaking The Boyle Barrier, Charles E. Cantú, Randy W. Young

Faculty Articles

The government contract defense, known as the Boyle defense, shields those successfully invoking it from liability for injuries caused by defective products they manufactured. The contract specification defense is afforded to both private and government contractors when they follow the directions and specifications of a third party, usually the employer.

The first element of the Boyle defense requires that the government approve reasonably precise specifications for the equipment’s design. The contractor must show that a team-like effort existed in all communications between the contractor and the government, with the government providing general specifications and approval at various stages of project …

Ethical Campaigning For The Judiciary, Vincent R. Johnson

Faculty Articles

No abstract provided.