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The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
The Politics Of Religion: Reasonable Accomodations And The Establishment Clause An Analysis Of The Workplace Religious Freedom Act, Gregory J. Gawlik
Cleveland State Law Review
The Workplace Religious Freedom Act is the focus of this note. The Workplace Religious Freedom Act represents another Congressional attempt to fortify the "reasonable accommodations" and "undue hardship" standards of Title VII with regard to religious discrimination in the workplace; the WRFA does go in the face of Supreme Court decisions which have narrowed the scope of those standards, eased burdens on employers, and valiantly guarded the citadel of the First Amendment's Establishment Clause. Specifically, this note will analyze the potential constitutional infirmity of the Workplace Religious Freedom Act in light of Establishment Clause jurisprudence and the Court's rather murky …
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
An Objective And Practical Test For Adjudicating Political Patronage Dismissals, Kathleen M. Dugan
Cleveland State Law Review
Political patronage dismissal is not a new phenomenon, but judicial recognition of claims specifically alleging improper dismissal based on political affiliation has occurred only within the last twenty years. While the federal circuit courts have struggled to establish a standard by which to adjudicate patronage dismissal cases, their struggles have resulted in a plethora of inconsistent conclusions. Neither has the Supreme Court constructed a sufficiently concrete test to determine when an employee is exempt from patronage dismissal. The Elrod test is flawed in not limiting dismissals to political policymakers, and the Branti test is inadequate as it delegates the selection …
Political Rights Of Government Employees, Donald H. Buckley
Political Rights Of Government Employees, Donald H. Buckley
Cleveland State Law Review
There are nearly three million federal employees, of whom 50.8 percent are professional, technical or administrative personnel. These federal employees and those individuals employed by a state or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency are subject to the United States Civil Service Commission rules regulating political activity. Under Civil Service rules, individuals may be removed from their employment for doing what every other American may consider a constitutionally protected right; namely, participating actively in …