Introduction to Public Policy/ PAD 525
Professor Dr. Timothy Smith
This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of Navy ships terminated Korb because they viewed his comments as contrary to the success of their business operations. This report will explore the challenges presented by the freedom of speech, freedom of information and employment law and their impact on the outcome of the case. Analyze and evaluate each case independently by providing the following (about two paragraphs per case):Facts of the case, Issues, Rule In Korb V. Raytheon, the defendant (Raytheon) was a large equipment manufacturing company for the U.S. military. The Plaintiff, Lawrence Korb was employed by Raytheon as a Vice-President at corporate headquarters based in Washington, D.C. According to Masscases.com, in December 1985, Korb joined a non-profit organization called the Committee for National Security (CNS) in the capacity of an executive board member . Prior to this he was employed as an assistant Secretary of Defense for Manpower with the Department of Defense. In 1986 a press conference held by CNC to release the organization’s annual alternative defense budget, Korb expressed sentiments that criticized defense spending and requested a reduction of the Navy’s 600 ship Fifteen Carrier Group. Subsequently, a newspaper released an article covering the event. In the article, the newspaper identified Korb as a former assistant secretary of defense, now a private citizen working for arms maker, Raytheon Co. The news article went on to details Korb criticisms of the current size and structure Navy’s fleet. As a result of the speech and news article, Raytheon received numerous complaints from military officers and proceeded to fire Korb for expressing false opinions of the company. Raytheon then offered Korb an assignment of lesser importance. Korb considered this new assignment as a demotion and an unconstitutional attempt to silence him. Consequently, Korb declined the position and brought suit against Raytheon for wrongful termination. The rule of law involves the protection of speech under the first amendment. The courts had to consider whether the first amendment protection only applies to the government or if it is applicable in the operations of private companies. The courts ruled that the first amendment only guarantees that the government may not make a law abridging the rights of its citizens, but if it is a private company, they can do as they wish and are not covered under the law. Consequently the State Court found that because Raytheon was a private corporation, they reserved the right to fire employees for representing false views of the company. This case showed that in the private sector the same rules don’t apply and that the first amendment cannot protect your speech from the discretion of your employer. Analyze and explain the challenges with freedom of speech.
The Massachusetts Supreme Court abruptly dismissed Korb's claim under the state civil rights statute. They based their decision on the fact that although Korb has a secured right to speak out on matters of public concern, and he also has a right to express views with which Raytheon disagrees, he does not have the right to do so at Raytheon's expense (Masscases.com, 2012). Korb was hired to be an advocate for Raytheon. After he...
...BLB1118 – Constitutional Law
Lecture 4 – Basic Constitutional Principles
In this lecture, we will briefly complete the story of the path to federation. Then explore two basic concepts of constitutional law embodied in the Australian Constitution: the rule of law and the separation of powers. It will be noted that these were principles hard won in British constitutional history. With regard to the establishment of Australia, it can be argued that this was done on a legally dubious basis, and the rule of law and the separation of powers had to be won again by the free settlers of a penal colony, but these principles having been established, it would seem desirable to pursue reform through law rather than abandoning it.
1. Australian Constitutional Development
1.1 The road to Federation (this account is a summary of P Parkinson, Tradition and Change in Australian Law, extracted, with commentary, in B&W 147–151. I also rely on PH Lane, An Introduction to the Australian Constitution 5th edn (Sydney: LBC, 1990), 214–231)
1788–1855: As outlined in Lecture 3, by the end of this period there were self-governing, ‘responsible’ colonies in Australia which followed the Westminster tradition of bicameral (two houses) parliamentary government. (147)
Mid-to-late 1800s: there was both an impetus towards and a resistance to inter-colonial cooperation. One of the main causes of tension...
BUSI 600- B02
September 7, 2014
Case Assignment3: Surveys
Communication approach is a critical step in a business research. It involves surveying or interviewing people and recording their responses for analysis (Cooper & Schindler, 2013, pg. 218). Despite its disadvantages, surveys have gained in popularity. Nevertheless, surveys need a good planning, which would ultimately lead to an excellent analysis.
Critique the survey used for the study
In this case, “Inquiring Minds Want to Know ---Now!” (Schindler & Cooper, 2011), Penton Media relied on self-administered survey to gather information from subscribers. The questionnaire is sent to subscribers through mail. The basic concept of survey research involves capturing beliefs, attitudes, or outcomes that can be generalized to a population from which the sample was selected (Alderman & Salem, 2010, pg. 1381). Self-administered survey allows enough time for participants to complete the survey. In addition, it enables Penton Media to maximize participation as subscribers could include more...
...ConstitutionalRightsConstitutionalRights are afforded to every American Citizen by the first ten amendments to the Constitution or more commonly known as The Bill of Rights. The fourth amendment of The Bill of Rights applies to all and states, "the right of the people to be secure in their persons" (para.4). When a person accepts a position anywhere, whether at a small family owned grocery store or a major corporation, one does so with the understanding that some inalienable rights will be given up. This paper examines if an employer can crush those rights by using lie detector tests, monitor employee phone calls and emails; use surveillance cameras, and issue random drug-testing.
The American Civil Liberties Union states, "drug testing of individuals without cause is ineffective, expensive and, often times, illegal" (para. 1) as well as, "drug testing of individuals without cause is an affront to the Fourth Amendment" (para. 2). While the fourth amendment does state, "the right of the people to be secure in their persons," it does not imply that only the employee is to be secure in his person (para.4). At Kelsey High School, the administration has come to the conclusion that drug-testing while expensive and legal is in fact, effective. The children's safety while in the care of the school is the...
...ConstitutionalRight To Privacy
In the following essay I will examine our Constitutionalright to privacy. Though the right to privacy is not mentioned in the Constitution, we have good reason for thinking that it is a fundamental human right. To defend my position, I will examine the term “privacy” in a philosophical and legal context, secondly I will explain why Supreme Court rulings over the years have established that privacy is a basic human right, and finally I will explain reasonable limits on this right.
WHAT IS PRIVACY?
In the dictionary, the term “privacy” is defined as “the state or condition of being free from being observed or disturbed by other people”. However, in a legal context the definition continues to be an object of debate. A universal definition is difficult to come by when taking into account the dynamics of public safety, national security, and economic well being of the country. In order to practically adhere to these dynamics, it seems there must be certain laws in which privacy breaches must be permitted. This is an important reason why the law does not adequately address the issue of privacy. This raises the question, when can the government over step our fundamental right to privacy, if at all?
SUPREME COURT RULINGS
While the word “privacy” is not mentioned in the Constitution, Supreme Court...
...The Extension of the Rights of Refugees and Asylum Seekers Act 22 of 2012 (herein after referred to as the Act) deals with the criteria for orders for immediate deportation. s12(2) of the Act is a violation of the separation of powers and therefore undermines of the lawmaking process and erodes the checks and balances on government power entrenched in the constitution. s12(1) of the Act is a permissible delegation of power as the power is not unfettered and is recognised by the court as necessary for effective implementation of the law.
The doctrine of separation of powers is a model of government, in which in order to control power and delegate functions the government is divided in three organs; the judiciary, the legislature and the judiciary.
Firstly the procedural aspect will be dealt with. The constitution vests, in parliament alone, the power to make laws for South Africa in accordance with the procedures set out in the constitution. The separation of powers serves to protect the integrity of the legislative process. This is because if it is adhered to then the law making functions will remain with the legislature and there is no danger that the procedures will not be followed because some other organ of state or body is making laws. There must be a distinction made between the delegation of power to make subordinate legislation, which is limited through a statute, and delegating complete legislative power to amend and act which is unfettered....
Interpretation of the Australian Constitution has undergone significant changes throughout Australia’s Constitutional history. To highlight the number of different approaches, this paper will critique the method of constitutional interpretation used in Cole v Whitfield (“Cole”) with reference to the words “absolutely free” and compare it to the progressive approach in Rowe v Electoral Commissioner (“Rowe”). For completeness, this paper will outline any other major branches of interpretation not examined in Cole and Rowe. Then, the discussion will focus on the reasons for progressivism as the preferred approach for interpreting the Constitution.
Cole v Whitfield – Interpretative Method and Critique
The High Court used originalism in its interpretation of section 92 in its judgement in Cole v Whitfield . Kirby defines originalism as interpreting the constitution by ‘ascertaining what the words meant according to the original intentions of the founders’. Mason refer this as intentionalism (for the purpose of this paper, it will be referred as original intent ). In the unanimous decision, the court overruled the view that “absolutely free” in section 92 of the Constitution protected a personal individual right of freedom in interstate trade. Rather it means free trade between the states from measures characterised as ‘discriminatory’ and ‘protectionist.’ In aiding its interpretation, the court relied on...
...ConstitutionalRights & Protections Before Arrest
The United States Constitution was a concept first derived from the repression citizens once suffered under British rule. Rights were determined by the crown and only extended to those citizens the monarchy felt deserving. Once accused of a crime, a citizen had very limited protection and guarantees of fairness and due process. In an effort to provide for guaranteedrights to those accused of a crime, the Constitutional Amendments addressed rights designed to protect citizens before arrest and to ensure arrests are based on as many available facts as possible.
Of the many protections afforded citizens prior to arrest procedures, the most frequently addressed by the courts is investigative stops and the level of authority possessed by the police to detain citizens. Two benchmarks exist in an effort to allow the police to investigate and prevent crime while protecting the rights of free citizens. The terms Reasonable Suspicion and Probable Cause greatly determine the extent of the police’s (State) authority in detaining individuals believed to be involved in a crime and subsequently impact the ability to prosecute them.
Reasonable suspicion is addressed in what is commonly referred to as the Stop and Frisk law or investigatory stop. Police officers may temporarily detain (the length...
...ConstitutionalRights, Property Rights, and Private Enterprise
August 1, 2012
Dr. S. Mark Barnes
ConstitutionalRights, Property Rights, and Private Enterprise
Every day, the United States Constitution and the federal laws make it possible for modern business to function. This is true not only for business people in the United States, but also for business people throughout the world. The world economy depends upon the United States, not only for a model on how to have law and free economics, but also as a place where there is secure business, investment, and currency for the world’s wealth.
This paper will show the examination why the Constitution in general is so important to commerce, and then focuses on one example, which is protection against government taking of private property without just compensation.
General Benefits of the United States Constitution and Federal Law
The most important role of the United States Constitution and the United States law in business regulation is to create a large geographic area (the United States) where business can be conducted in a stable, secure, interactive, non-discriminatory, free-enterprise environment. These are essential concepts for long-term prosperity.
“Stable” refers to the fact that the federal government provides, for example, for a common non-counterfeit currency, common bankruptcy rules, a...