Privileges and Immunities
Malla Pollack
mallapollack3 at gmail.com
Sun Mar 11 14:08:44 PDT 2012
I don't know about that case, but I am currently litigating against
the Administrative Office of the US Courts' which believes that it can
discriminate against people who wish to move to the DC metropolitan
area but don't live there when they apply for a job with the AOC. I
am relying on the fundamental right to travel which is partly based on
privileges and immunities.
Malla
On Sun, Mar 11, 2012 at 3:59 PM, Douglas Laycock <dlaycock at virginia.edu> wrote:
> Does anyone know what happened on the remand in United Building &
> Construction Trades Council v. Mayor and Council of Camden? 465 U.S. 208
> (1984).
>
>
>
> Some background for those who don’t know the case: Camden required
> contractors and subcontractors on public works projects to set a 40% goal
> for hiring Camden residents. The Court held, 8-1, that this preference for
> local residents triggered the Privileges and Immunities Clause of Article
> IV. A preference for local residents was equivalent to a preference for
> state residents, and public works employment was a privilege or immunity of
> state citizens. The Court remanded to consider Camden’s argument that its
> rule was justified by the desperate financial condition of the city. No
> further proceedings are reported. I assume the case settled, but I don’t
> know that, or on what terms. I’m teaching the case later in the semester, so
> it would be good to know.
>
>
>
> Camden and numerous other New Jersey cities have residency requirements for
> firefighters, and maybe for other direct municipal employment, and those
> requirements have been upheld against challenges based on the Equal
> Protection Clause and the right to travel. The privileges and immunities
> issue arose with respect to private employment on public works projects.
>
>
>
>
>
> Douglas Laycock
>
> Robert E. Scott Distinguished Professor of Law
>
> University of Virginia Law School
>
> 580 Massie Road
>
> Charlottesville, VA 22903
>
> 434-243-8546
>
>
>
>
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