In this first comprehensive treatment of the subject, Stephen Kohn presents an accessible, clearly written survey of draft resistance in America and its implications for constitutional democracy, domestic and foreign policy, social change, and the movement for world peace. The author explores the roots of the pacifist view and the first expressions of resistance that surfaced during the colonial period. He describes the incidence of draft resistance through the time of the Civil War and how it related to abolitionism. Following the modern conscientious objector through two world wars, Kohn comments on the view of pacifists during popular wars as little better than traitors and on their brutal treatment. Examining the growth of the movement during the Cold War, he addresses the major shift in public attitude that expanded the movement's base of popular support and swelled the ranks of resisters. Draft resistance was to have its greatest impact, however, during the Vietnam War and its aftermath, in influencing public feeling about the war, thwarting the Selective Service's induction efforts, and creating a climate of opinion that contributed to the government's decision to abandon the draft early in the 1970s.

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.

A complete overview of developments in statutory and common law that provide increased protection for whistleblowers and authorize punitive and compensatory damages in wrongful discharge actions. An overview of court decisions and the constitutional roots of whistleblower protection is included along with available legal remedies under both state and federal law. An extensive appendix lists texts of whistleblower protection laws.

"Human Resource Management NewS"

Beginning with an overview of the jurisprudential and constitutional roots of whistleblower protection, the authors go on to outline the numerous legal remedies under both state and federal law available to whistleblowers. They demonstrate that although no comprehensive federal whistleblower laws exist, many laws and doctrines are sufficiently interrelated to offer a safety net of protection. Turning their attention to the private sector, the authors explain state court developments concerning liberalization of the traditional employment at will doctrine. They then analyze the case law of the twenty-six states that have adopted a public policy exception to the doctrine and the new tort created by this exception which offers additional protection by permitting suits for damages by private sector whistleblowers. An extensive appendix lists the texts of thirty federal whistleblower protection laws, an expecially valuable feature for practicing labor law attorneys.