Concepts and Procedures in Whistleblower Law

Concepts and Procedures in Whistleblower Law

by Stephen Kohn
ISBN-10:
156720354X
ISBN-13:
9781567203547
Pub. Date:
10/30/2000
Publisher:
Bloomsbury Academic
ISBN-10:
156720354X
ISBN-13:
9781567203547
Pub. Date:
10/30/2000
Publisher:
Bloomsbury Academic
Concepts and Procedures in Whistleblower Law

Concepts and Procedures in Whistleblower Law

by Stephen Kohn

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Overview

Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style.

Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.


Product Details

ISBN-13: 9781567203547
Publisher: Bloomsbury Academic
Publication date: 10/30/2000
Pages: 542
Product dimensions: 6.14(w) x 9.21(h) x 1.19(d)

About the Author

STEPHEN M. KOHN is a partner in the Washington, D.C., law firm of Kohn, Kohn & Colapinto, LLP, and Chairperson of the Board of Directors of the National Whistleblower Center. He is the former Director of Corporate Litigation for the Government Accountability Project. Nationally recognized for his scholarship and litigation on behalf of whistleblowers, Kohn in 1985 authored the first legal text on whistleblower law. He is the author of Concepts and Procedures in Whistleblower Law (Quorum, 2000).

Table of Contents

Overview of a Whistleblower Claim: A Step-by-Step Approach
Whistleblower Protection under the Common law: A State-by-State Review
Federal Statutory Protections for Whistleblowers
Whistleblower Protection under the First Amendment and the Civil Rights Act of 1871
Environmental and Nuclear Whistleblowing
The False Claims Act: Qui Tam Provisions and Whistleblower Protection
OSHA and Workplace Safety Whistleblowing
Legal Principles in Whistlerblower Law
Damages, Remedies, and Attorney Fees
Settlement Agreements and Hush Money
The Future of Whistleblower Protection: A Model Law
Appendixes
Bibliography
Index

What People are Saying About This

Victoria Toensing

Stephen Kohn's new book on whistleblowing, Concepts and Procedures in Whistleblower Law, is a masterpiece. The book is an invaluable resource, which clearly and concisely explains the complex maze of regulations and laws governing whistleblowing. Comprehensive, well organized and readable, it is simply the best legal text ever written on the subject. (Victoria Toensing, Founding Partner, Di DiGenova & Toensing)

Gerard M. Waites

Stephen Kohn's new treatise on Whistleblower Protection Law provides a critical resource in a vital area. Whistleblowers help protect us all in countless ways--they expose dangerous environmental conditions, unsafe work practices, consumer rip-offs and fraud on the government. Kohn's scholarly, yet common-sense treatment of this subject, pulls together the existing amalgam of scattered labor and employment laws that protect whistleblowers and give the practitioner a reliable and effective tool for navigating these waters. (Gerard M Waites, Partner, O'Donoghue & O'Donoghue)

Michael E. Tigar

There are at least three reasons why every lawyer should buy and read this book. First, Steve Kohn is America's premier lawyer on whistleblower issues. Second, whistleblower law protects vital freedoms of speech, conscience and petition--you should read this book to help understand how those freedoms are endangered by big government and corporate America. Third, Steve Kohn knows how to write about the law-he shows you why he has achieved his notable courtroom successes, and sets out clearly what every lawyer and every whistleblower needs to know. (Michael E. Tigar, Professor of Law, American University)

National Whistleblower Center

Every whistleblower must read this book.

John J. Sweeney

Workers who stand up for their co-workers and the public good against lawbreaking employers are among the unsung heroes of our society. Stephen Kohn's book gives workers, their unions, and their lawyers all the tools they need to make sure that when the whistle is blown, the wrongdoer and not the whistleblower gets punished. (John J. Sweeney, President, American Federation of Labor and Congress of Industrial Organization)

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