Law Commons^™

Against Legislation: Garcetti V. Ceballos And The Paradox Of Statutory Protection For Public Employees, Ruben J. Garcia

Scholarly Works

In Garcetti v. Ceballos, the Supreme Court denied constitutional protection to a deputy prosecutor named Richard Ceballos. In reaching its decision, the Court pointed to the plethora of statutory protections that were available to government whistleblowers. A closer examination of these statutory alternatives reveals that they will not protect Ceballos. This is the paradox of statutory protection in labor and employment law-more sometimes is less for vulnerable workers.

This Article places the Garcetti case in the historical trajectory of worker protection—from no protection to statutory protection. This Article argues for a move toward constitutional and international protection …

Economic Analysis Of Labor And Employment Law In The New Economy: Proceedings Of The 2008 Annual Meeting, Association Of American Law Schools, Section On Law And Economics, Ruben J. Garcia

Scholarly Works

Professor Ruben Garcia shares his comments on Professor Jagdeep Bhandari's paper, Migration to Developed Countries and Labor Markets, while on this panel at the 2008 Annual Meeting of the section on Law and Economics of the American Association of Law Schools.

Accommodating Respectful Religious Expression In The Workplace, Nantiya Ruan

Scholarly Works

This Article makes the case for judicial recognition of respectful religious expression in the workplace as more consistent with the Court's Establishment Clause jurisprudence and also more true to the legislative intent of the religious accommodation provisions of Title VII. Respectful religious pluralism in the workplace should become the norm through judicial requirements of best practices in the workplace. Such a view should be wholly supported by the majority of the Justices because it is consistent with their expressed views, in the Establishment Clause case law, that religion fosters moral good and that in a pluralistic society religious expression cannot …