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Full-Text Articles in Law

The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal Oct 2008

The Emerging First Amendment Law Of Managerial Prerogative, Lawrence Rosenthal

Lawrence Rosenthal

In Garcetti v. Ceballos, the Supreme Court, by the narrowest of margins, held that allegations of police perjury made in memoranda to his superiors by Richard Ceballos, a supervisory prosecutor in the Los Angeles County District Attorney’s office, were unprotected by the First Amendment because “his expressions were made pursuant to his duties. . . .” The academic reaction to this holding has been harshly negative; scholars argue that the holding will prevent the public from learning of governmental misconduct that is known only to those working within the bowels of the government itself.

This article rejects the scholarly consensus …


Fcc Should Get With The Times, Erik Ugland Jun 2008

Fcc Should Get With The Times, Erik Ugland

Erik Ugland

No abstract provided.


Digitus Impudicus: The Middle Finger And The Law, Ira P. Robbins Mar 2008

Digitus Impudicus: The Middle Finger And The Law, Ira P. Robbins

Ira P. Robbins

The middle finger is one of the most commonly used insulting gestures in the United States. The finger, which is used to convey a wide range of emotions, is visible on streets and highways, in schools, shopping malls, and sporting events, in courts and execution chambers, in advertisements and on magazine covers, and even on the hallowed floor of the United States Senate. Despite its ubiquity, however, as a number of recent cases demonstrate, those who use the middle finger in public run the risk of being stopped, arrested, prosecuted, fined, and even incarcerated under disorderly conduct or breach of …