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

23 Pages Posted: 7 Dec 2011

See all articles by William W. Van Alstyne

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: 1969

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.

Keywords: public employee

Suggested Citation

Van Alstyne, William W. and Van Alstyne, William W., The Constitutional Rights of Public Employees: A Comment on the Inappropriate Uses of an Old Analogy (1969). UCLA Law Review, Vol. 16, No. 4, p. 751, 1969, William & Mary Law School Research Paper No. 09-180, Available at SSRN: https://ssrn.com/abstract=1969066

William W. Van Alstyne (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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