The Supreme Court and the duty of fair representation

Article Abstract:

The Supreme Court has neglected to develop a standard of care for unions' handling of employee grievances. The court created a duty of fair representation (DFR) for unions, but has manipulated it to obtain desired results instead of applying it systematically to grievance procedures. In Communication Workers of America v Beck (1988), the court applied DFR to an unrelated matter of revenue spending. A union should be held to a standard of reasonable care when representing an individual employee in grievance proceedings. If there is a breach of DFR, the grievance should be remanded.

Social policy, Administrative procedure, Labor unions, Tort liability, United States. Supreme Court, Grievance procedures, Tort liability of labor unions, Representation in administrative proceedings, Legal representation

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A Jeffersonian nightmare: the Supreme Court launches a confused attack on the Establishment Clause

Article Abstract:

The US Supreme Court's focus on denominational neutrality in Rosenberger v. Rector & Visitors of University of Virginia promotes the entanglement of religion and government and undermines the separation of church and state under the Establishment Clause. The Court found the university's denial of funding to a student-run religious newspaper to violate the free speech rights of the students because the denial was content-based. The Court also failed to provide lower courts with a clear definition of the types of religious activities that trigger Establishment Clause scrutiny.

Church and state, Case Note, Religious newspapers and periodicals, Religious periodicals, Student publications

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Legitimizing community consent to local policing: the need for democratically negotiated community representation on civilian advisory councils

Article Abstract:

The author reviews existing models for community representation on civilian police review boards. He advocates separating oversight into supervisory and advisory roles involving newly-created civilian review agencies and advisory councils.

United States, Local, Management, Police, Complaints (Civil procedure), Police misconduct, Citizens' advisory committees

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