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Full-Text Articles in Law
Whither The Pickering Rights Of Federal Employees?, Paul Secunda
Whither The Pickering Rights Of Federal Employees?, Paul Secunda
Paul M. Secunda
As a result of the Supreme Court's 1983 decision in Bush v. Lucas, federal employees are not permitted to bring Bivens constitutional tort claims directly to federal court to vindicate their First Amendment rights to free speech under Pickering v. Bd. of Education. Instead, the Bush Court found that Congress had established an effective, alternative statutory scheme for vindication of such claims under the Civil Service Reform Act of 1978 (CSRA of 1978). This places federal employees in a less favorable predicament than their state and local employee counterparts who are able to directly proceed to court on their First …
Judges As Humans, Chad M. Oldfather
Judges As Humans, Chad M. Oldfather
Chad M Oldfather
This is a review of Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. Among the reasons this book is notable is that it draws heavily on social psychology in critiquing and suggesting modifications to the standard political science accounts of judicial behavior. In that regard it represents a substantial step toward the development of a comprehensive, cross-disciplinary picture of judicial behavior. In the review, I argue that Baum’s analysis is important not only for its own sake, but also because consideration of institutional reforms of the sort that have been and will continue to be proposed …