|And so it is, although it is nothing but a description of the modern workplace. The liberals and conservatives and Libertarians who lament totalitarianism are phonies and hypocrites. There is more freedom in any moderately de-Stalinized dictatorship than there is in the ordinary American workplace. You find the same sort of hierarchy and discipline in an office or factory as you do in a prison or a monastery. In fact, as Foucault and others have shown, prisons and factories came in at about the same time, and their operators consciously borrowed from each other's control techniques. A worker is a part-time slave. The boss says when to show up, when to leave, and what to do in the meantime. He tells you how much work to do and how fast. He is free to carry his control to humiliating extremes, regulating, if he feels like it, the clothes you wear or how often you go to the bathroom. With a few exceptions he can fire you for any reason, or no reason. He has you spied on by snitches and supervisors, he amasses a dossier on every employee. Talking back is called "insubordination," just as if a worker is a naughty child, and it not only gets you fired, it disqualifies you for unemployment compensation. Without necessarily endorsing it for them either, it is noteworthy that children at home and in school receive much the same treatment, justified in their case by their supposed immaturity. What does this say about their parents and teachers who work? - Bob Black, "The Abolition of Work"|
The Tucker Act, 28 U.S.C. S 1491, grants the U.S. Claims Court " `jurisdiction to render judgment upon any claim against the United States founded . . . upon the Constitution.' " Monsanto, 467 U.S. at 1017 (citing 28 U.S.C. S 1491). Thus, a Tucker Act taking claim is a claim for the just compensation required by the Fifth Amendment.
The Tucker Act, 28 U.S.C. S 1491, provides in relevant part: The United States Claims Court shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.