International Encyclopedia of Public Policy and Administration - Vol. 2

By Jay M. Shafritz | Go to book overview

arbitration rather than take its chances with a strong bargaining opponent at the table. Empirical evidence of the chilling and narcotic effects has been found in several scholarly studies, but other studies have not detected them. It does appear that final-offer arbitration exercises less of a chilling and narcotic effect than conventional arbitration; this is attributed to the higher level of uncertainty involved in selection of a last best offer from one party or the other -- essentially, a winner-take-all situation.

As noted, mediation-arbitration is a technique for resolving impasses in which the mediator, if he or she cannot broker a voluntary settlement, is transformed into an arbitrator with the power to impose a solution. This technique, although promising, has not been widely adopted in the United States.

Another alternative impasse resolution technique is to let the voters of the jurisdiction decide the outcome of the dispute through a referendum. This type of ballot-box arbitration is used to a limited extent in Colorado and Texas. There are problems with it, however, including the timeliness and expense of organizing and holding a referendum, the difficulty in reducing complex labor-management disagreements to simple language, the tendency of voters not to educate themselves on the issues or show interest in the referendum, and potential bias against the union from the activities of antitax groups.

RICHARD C. KEARNEY


BIBLIOGRAPHY

Kearney, Richard C., 1992. Labor Relations in the Public Sector. New York: Marcel Dekker.

Lester, Richard A., 1984. Labor Arbitration in State and Local Government: An Examination of the Experience in Eight States and New York City. Princeton, NJ: Princeton University, Industrial Relations Section.

Simkin, William E., 1971. Mediation and the Dynamics of Collective Bargaining. Washington, DC: BNA Books.

Word, William R., 1972. "Fact-finding in Public Employee Negotiations", Monthly Labor Review 95 (February): 60-64.

Zack, Arnold, 1985. Public Sector Mediation. Washington, DC: Bureau of National Affairs.

IMPEACHMENT . The process by which the legislature may remove civil officials, including judges, from office for offenses that demonstrate the officeholder's unsuitability for public service. In addition to removing a public official from office, impeachment may include disqualifying the impeached officeholder from ever holding public office in the future.

In the United States, impeachment does not include fines or imprisonment for wrongdoing; however, an impeached officeholder may be subject to prosecution in separate criminal proceedings. In Great Britain, Parliament's power to punish an impeached officeholder is not only limited to removal and disqualification from office but also includes the power to impose other types of sanctions.

Impeachment is intended as a check on excesses by members of the executive and judicial branches of government. It originated in Great Britain as a limitation on royal prerogative and as a means for controlling abuses by ministers and justices of the Crown. Thus, impeachment be brought against a public official for offenses not rising to the level of criminal conduct.

In Great Britain, Parliament has sometimes used its power of impeachment to remove public officials for no reason other than disagreement with the official's policy judgments. In the United States, impeachment has been restricted to cases of official wrongdoing.

The United States Constitution specifies the following grounds for impeachment: treason, bribery, or other high crimes or misdemeanors. Although this language suggests a criminal standard for impeachment, it is apparent from the debates of the Constitutional Convention that the framers, on one hand, intended that impeachment be allowed for a much broader range of offenses than purely criminal behavior. On the other hand, it is equally clear that the framers of the United States Constitution did not intend that congressional disagreement with the policies of a public official constitute grounds for impeachment. In 1974, while studying the issue of impeachment during the tumultuous presidency of Richard M. Nixon, Congress released a report describing its power of impeachment as being "directed to constitutional wrongs that subvert the structure of government or undermine the integrity of the office and even the Constitution itself" ( U.S. Congress 1974).

In the United States, Congress has the power to impeach any civil officer of the United States, including the President, vice president, and federal judges. The several states of the United States have separate provisions in their state constitutions for impeachment of state officials and judges. For the most part, the state provisions for impeachment parallel the federal model.

Constitutional scholars have debated whether Congress has the power to impeach one of its own members. Judicial and congressional precedent now support the view that Congress's power of impeachment does not extend to impeachment of one of its own members. Other constitutional provisions give Congress the power to expel one of its members for misconduct; however, the power of expulsion does not include the power to bar an expelled member from again seeking public office, whether the office from which he or she was expelled or another office. In Great Britain, Parliament has used impeachment against its own members as well as against members of the executive and judicial branches.

In both the United States and Great Britain, impeachment is a two-step legislative process: the first step involving the lower house, the House of Commons in Great

-1086-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
International Encyclopedia of Public Policy and Administration - Vol. 2
Table of contents

Table of contents

  • Editorial Board *
  • Title Page *
  • D 627
  • Bibliography 627
  • Bibliography 630
  • Bibliography 631
  • Bibliography 633
  • Bibliography 635
  • Bibliography 635
  • Bibliography 639
  • Bibliography 643
  • Bibliography 645
  • Bibliography 647
  • Bibliography 651
  • Bibliography 654
  • Bibliography 656
  • Bibliography 662
  • Bibliography 665
  • Bibliography 666
  • Bibliography 669
  • Bibliography 674
  • Bibliography 676
  • Bibliography 677
  • Bibliography 679
  • Bibliography 682
  • Bibliography 684
  • Bibliography 684
  • Bibliography 687
  • Bibliography 689
  • Bibliography 690
  • Bibliography 692
  • Bibliography 694
  • Bibliography 695
  • Bibliography 700
  • Bibliography 701
  • Bibliography 704
  • Bibliography 706
  • Bibliography 706
  • Bibliography 707
  • Bibliography 708
  • Bibliography 711
  • Bibliography 714
  • Bibliography 720
  • Bibliography 723
  • Bibliography 728
  • Bibliography 728
  • E 729
  • Bibliography 730
  • Bibliography 734
  • Bibliography 736
  • Bibliography 738
  • Bibliography 741
  • Bibliography 745
  • Bibliography 746
  • Bibliography 747
  • Bibliography 752
  • Bibliography 753
  • Bibliography 756
  • Bibliography 763
  • Bibliography 764
  • Bibliography 768
  • Bibliography 772
  • Bibliography 773
  • Bibliography 777
  • Bibliography 785
  • Bibliography 789
  • Bibliography 790
  • Bibliography 793
  • Bibliography 795
  • Bibliography 802
  • Bibliography 803
  • Bibliography 806
  • Bibliography 808
  • Bibliography 818
  • Bibliography 822
  • Bibliography 824
  • Bibliography 825
  • Bibliography 827
  • Bibliography 832
  • Bibliography 837
  • Bibliography 841
  • Bibliography 844
  • Bibliography 852
  • F 853
  • Bibliography 854
  • Bibliography 857
  • Bibliography 861
  • Bibliography 862
  • Bibliography 865
  • References 875
  • Bibliography 881
  • Bibliography 883
  • Bibliography 884
  • Bibliography 887
  • Bibliography 891
  • Bibliography 895
  • Bibliography 898
  • Bibliography 901
  • Bibliography 905
  • Bibliography 906
  • Bibliography 913
  • Bibliography 914
  • Bibliography 915
  • Bibliography 917
  • Bibliography 921
  • Bibliography 922
  • Bibliography 923
  • Bibliography 927
  • Bibliography 928
  • Bibliography 935
  • Bibliography 938
  • Bibliography 941
  • Bibliography 944
  • Bibliography 945
  • Bibliography 947
  • Bibliography 949
  • Bibliography 950
  • Bibliography 952
  • Bibliography 957
  • Bibliography 960
  • G 961
  • Bibliography 962
  • Bibliography 964
  • Bibliography 968
  • Bibliography 972
  • Bibliography 973
  • Bibliography 979
  • Bibliography 982
  • Bibliography 983
  • Bibliography 984
  • Bibliography 989
  • Bibliography 990
  • Bibliography 993
  • Bibliography 996
  • Bibliography 998
  • Bibliography 1002
  • Bibliography 1006
  • Bibliography 1007
  • Bibliography 1010
  • Bibliography 1014
  • Bibliography 1017
  • Bibliography 1018
  • Bibliography 1019
  • Bibliography 1023
  • Bibliography 1025
  • Bibliography 1030
  • Bibliography 1031
  • Bibliography 1035
  • H 1037
  • Bibliography 1039
  • Bibliograhy 1042
  • Bibliography 1046
  • Bibliography 1053
  • Bibliography 1058
  • Bibliography 1059
  • Bibliography 1061
  • Bibliography 1065
  • Bibliography 1069
  • Bibliography 1071
  • Bibliography 1072
  • Bibliography 1077
  • Bibliography 1078
  • Bibliography 1080
  • Bibliography 1080
  • Bibliography 1082
  • I 1083
  • Bibliography 1086
  • Bibliography 1087
  • Bibliography 1091
  • Bibliography 1093
  • Bibliography 1097
  • Bibliography 1098
  • Bibliography 1100
  • Bibliography 1101
  • Bibliography 1105
  • Bibliography 1109
  • Bibliography 1110
  • Bibliography 1115
  • Bibliography 1120
  • Bibliography 1126
  • Bibliography 1129
  • Bibliography 1130
  • Bibliography 1133
  • Bibliography 1136
  • Bibliography 1138
  • Bibliography 1139
  • Bibliography 1141
  • Bibliography 1144
  • Bibliography 1145
  • Bibliography 1151
  • Bibliography 1154
  • Bibliography 1156
  • Bibliography 1159
  • Bibliography 1161
  • Bibliography 1167
  • Bibliography 1181
  • Bibliography 1191
  • Bibliography 1196
  • Bibliography 1198
  • Bibliography 1200
  • Bibliography 1201
  • J 1207
  • Bibliography 1210
  • Bibliography 1210
  • Bibliography 1219
  • Bibliography 1220
  • Bibliography 1222
  • Bibliography 1224
  • Bibliography 1224
  • Bibliography 1228
  • Bibliography 1233
  • Bibliography 1236
  • Bibliography 1238
  • K 1239
  • Bibliography 1240
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 1240

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.