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Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith
Speaking Against Norms: Public Discourse And The Economy Of Racialization In The Workplace, Terry Smith
American University Law Review
Free speech controversies erupt from reactions to outlier voices, and these voices are often those of subordinated citizens such as racial minorities. Employing the tools of narrative, interviews with litigants and subjects, and interdisciplinary analysis of case law, Professor Terry Smith probes whether the social inequality of government employees of color affects the rigor of the First Amendment protection afforded their speech. Professor Smith argues that all public sector employees lack sufficient protection because their speech typically does not receive the highest constitutional scrutiny and because of the Supreme Court's recent decision in Garcetti v. Ceballos, which stripped public sector …
Restatement - Technique And Tradition In The United States, Thomas Kohler
Restatement - Technique And Tradition In The United States, Thomas Kohler
Thomas C. Kohler
This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …
Protecting Whistleblowers By Contract, Richard E. Moberly
Protecting Whistleblowers By Contract, Richard E. Moberly
Richard E. Moberly
Numerous statutes and the tort of wrongful discharge purport to prohibit companies from retaliating against employee whistleblowers. However, whistleblowers often lose retaliation lawsuits because these statutory and common law tort protections depend upon a variety of nuanced factors, such as the employer for whom the whistleblower works, the kind of wrongdoing reported, the way in which the employee blew the whistle, and, under some laws, the willingness of an administrative agency to investigate the whistleblower’s claim. Given these difficulties, this Article explores an alternate route for whistleblower protection: enforcing the existing contract protections that private employers currently provide employees when …
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Religion In The Workplace: Faith, Action, And The Religious Foundations Of American Employment Law, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.