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Full-Text Articles in Law

Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan Jan 2013

Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan

Pepperdine Law Review

No abstract provided.


Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos Nov 2012

Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos

Pepperdine Law Review

No abstract provided.


Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels Jan 2010

Office Politics: Hiring And Firing Government Lawyers, Gilda R. Daniels

All Faculty Scholarship

In September of 2009, the U.S. Department of Justice (DOJ) announced that it would not prosecute former DOJ Civil Rights Division official Bradley Schlozman for alleged false statements made during his congressional testimony about personnel actions at DOJ. As many government lawyers will remember, a July 2, 2008, report of the DOJ Office of Professional Responsibility and Office of the Inspector General (hereinafter, the IG's report) found that Schlozman had violated the Civil Service Reform Act when he "considered political and ideological affiliations in hiring career attorneys and other personnel actions affecting career attorneys in the Civil Rights Division." Often …


Sox And Whistleblowing, Terry Morehead Dworkin Jun 2007

Sox And Whistleblowing, Terry Morehead Dworkin

Michigan Law Review

The language of the Sarbanes-Oxley Act ("SOX") leaves no doubt that Congress intended whistleblowing to be an integral part of its enforcement mechanisms. The Act attempts to encourage and protect whistleblowers in a variety of ways, including providing for anonymous whistleblowing, establishing criminal penalties for retaliation against whistleblowers, and clearly defining whistleblowing channels. Unfortunately, these provisions give the illusion of protection for whistleblowers without effectively providing it. There is increasing evidence that virtually no whistleblower who has suffered retaliation and pursued remedies under SOX has been successful. Additionally, social science research and studies of whistleblowing laws indicate that SOX is …


On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin Jan 2007

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Faculty Publications

At a Bio-Terrorism Conference at Case Western Reserve University School of Law on March 31, 2006, the government participants were asked what they would do if a superior instructed them not to disclose information to the public about the likely grave health affects of an ongoing bio-terrorist attack. In response, they indicated that they would be reluctant to become a "whistleblower." This is not surprising since, despite the federal and state laws that purport to facilitate such whistleblowing for the public good, government whistleblowers routinely have faced loss of promotion, harassment, firing, and in some instances criminal prosecution when they …


Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland Jan 1996

Beyond Bread And Butter: The Political Paradigm Of Management Training, David J.B. Froiland

Indiana Law Journal

No abstract provided.


Injunctive Relief For Constitutional Violations: Does The Civil Service Reform Act Preclude Equitable Remedies?, Elizabeth A. Wells Aug 1992

Injunctive Relief For Constitutional Violations: Does The Civil Service Reform Act Preclude Equitable Remedies?, Elizabeth A. Wells

Michigan Law Review

This Note argues that the federal courts retain power to furnish equitable relief for constitutional violations to ensure adequate protection of federal employees' rights. Statutory procedures and remedies available under the Civil Service Reform Act of 1978 (CSRA) and related legislation should preempt judicially created equitable relief only where the government or federal agency affirmatively demonstrates that these procedures are constitutionally sufficient. Part I canvasses the current lower court response to the question of preclusion and notes the various routes taken by the courts in inferring congressional intent to preempt. This Part discusses varying interpretations of the Civil Service Reform …


The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig Jan 1983

The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig

Fordham Urban Law Journal

This Comment focuses on the rights, since the passage of the Civil Service Reform Act of 1978 (CSRA), of the probationary employee who exposes fraud and mismanagement in the federal government. It reviews the rights granted by the CSRA, as well as non-CSRA rights granted under the Privacy Act, and under the first and fifth amendments of the Constitution, including the right to sue one's supervisor in a Bivens action. Non-CSRA rights are particularly important to the whistleblower who is a probationer. The Comment concludes that the CSRA does encourage probationers, to an extent, to expose fraud and wrongdoing in …