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Full-Text Articles in Law
Rectifying An Empty Gesture: Why Placement On Paid Administrative Leave Should Constitute "Adverse Employment Action" For The Purposes Of A First Amendment Retaliation Claim, Andrew White
University of Cincinnati Law Review
No abstract provided.
Revisiting Employment Division V. Smith, Blaine L. Hutchison
Revisiting Employment Division V. Smith, Blaine L. Hutchison
University of Cincinnati Law Review
The Supreme Court wrongly decided Employment Division v. Smith. Without briefing or argument over the Free Exercise Clause’s meaning, Smith eliminated the constitutional right to exercise religion and replaced it with an equal protection rule. The decision threatens religious freedom and encourages conflict. The Supreme Court should revisit Smith. This article shows that the majority’s arguments in Smith fail and contradict the Free Exercise Clause’s text, purpose, and original meaning.
The Smith majority gave no sound legal or policy reason for its decision. Indeed, the decision conflicted with settled precedents that no party questioned. Nor did it determine …
The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart
The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart
University of Cincinnati Law Review
No abstract provided.
Speech Markets & Web3: Refreshing The First Amendment For Non-Fungible Tokens (Nfts), Tanner Dowdy
Speech Markets & Web3: Refreshing The First Amendment For Non-Fungible Tokens (Nfts), Tanner Dowdy
University of Cincinnati Law Review
No abstract provided.
Political Equality And First Amendment Challenges To Labor Law, Luke Taylor
Political Equality And First Amendment Challenges To Labor Law, Luke Taylor
University of Cincinnati Law Review
This Article conceptualizes a novel basis for defending laws that strengthen labor unions from First Amendment challenge: the argument that these laws are adequately tailored to advancing a compelling state interest in reducing economic inequality’s transmission into political inequality. The Article makes two principal contributions. First, it updates criticisms of the Supreme Court’s campaign finance decisions’ rejection of any compelling interest sounding in political equality. The Article does so by bringing recent constitutional scholarship to bear on that criticism and by explaining how recent improvements in social scientists’ ability to track different economic brackets’ political influence call for the Court …