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Cronyism, Corruption, And Political Intrigue: A New Approach For Old Problems In Public Sector Employment Law, Jonathan Fineman
Cronyism, Corruption, And Political Intrigue: A New Approach For Old Problems In Public Sector Employment Law, Jonathan Fineman
Journal Publications
This article argues that the best interest of the public is served when at least some public employees receive some degree of job protection. However, there is also value in the argument that we no longer can justify the retention of a uniform system of traditional civil service protections for all public employees. Therefore, this article takes the position that this debate should not be framed as an "either/or" proposition between a rigid system of job protections for all (or most) employees on one hand and unfettered managerial discretion on the other. Instead, job protections should be context-based, varied depending …
The Vulnerable Subject At Work: A New Perspective On The Employment At-Will Debate, Jonathan Fineman
The Vulnerable Subject At Work: A New Perspective On The Employment At-Will Debate, Jonathan Fineman
Journal Publications
This article applies recent "vulnerability" scholarship to employment law issues. A vulnerability approach argues that the autonomous liberal legal subject at the heart of much of political and legal thought fails to capture the material, social, and developmental realities of the human condition and thus should be replaced with a "vulnerable subject." Importantly, and in contrast to the autonomous, independent, and self sufficient abstraction of the liberal legal subject, the vulnerable legal subject is theorized as embodied and as embedded in social contexts. The idea of the vulnerable subject has been described as providing a needed intervention into U.S. policy …