The Constitutional Rights of Public Employees: A Comment on the Inappropriate Uses of an Old Analogy

Authors

William W. Van Alstyne, Duke Law SchoolFollow

Document Type

Article

Publication Date

1969

Keywords

public employees, equal protection, rights, private sector, public sector

Abstract

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

Citation

William W. Van Alstyne, The Constitutional Rights of Public Employees: A Comment on the Inappropriate Uses of an Old Analogy, 16 UCLA Law Review 751-772 (1969)