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- Child informant; child witness; murder; governmental protection; legislation; reform; criminal justice; Sixth Amendment (1)
- Facial challenge; civil rights; single subject analysis (1)
- Google; Charlottesville; Political speech; Political expression; Political discourse; Political activity; Political affiliation; Political opinion; Ideological advocacy; Marketplace of ideas; Free speech; Private employee; Private employer; First Amendment; Employment law; Labor law; Labor relations; National Labor Relations Act; Discrimination; Right; Twitter; Social media; Employer; State statute; Federal statute; Congress; Commerce Clause; Interstate commerce power; State action; Firing; Termination; Retaliation; Regulation; Expansion; At will or at-will; Mutuality of obligation; Protection; Protected trait; California; Virginia; South Carolina; Louisiana; West Virginia; New York; Censorship; Business interest; Freedom of association; Public policy; Self-expression; Democracy; Attribution; Ideology; Hate speech; Takings clause; Neo-Nazi; White supremacy; Technology; Unpopular speech (1)
- New York City ; Free Lance Isn't Free; FIFA; Free Lance Contracts (1)
- New York; New York City; NY; NYC; Noncompetion Agreement; Noncompete; Proposed Legislation; Fair Employment; Restrictive Covenant; Employement; Employment Agreements; Contracts; Contract Law; (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Single Subject Rules And Civil Rights: Using Legislative-Process Restrictions To Facially Challenge Constitutionally Suspect Laws, Annie Melton
Journal of Law and Policy
This Note argues that the single subject rule, a procedural restriction, can be used to facially challenge certain insidious laws. By giving courts an opening to review a law in its most elemental form—a deliberated-over means of adequately implementing a new, or remedying an existing, policy—the single subject rule tests it for characteristics like clarity, practicality, and predictability. The rule is rarely litigated in many states, but doing so draws attention to a fundamental philosophy of the legislative process, which is especially compelling in light of the ideological battles that are dominating statehouses across the country and giving rise to …
Google, Charlottesville, And The Need To Protect Private Employees’ Political Speech, Chloe M. Gordils
Google, Charlottesville, And The Need To Protect Private Employees’ Political Speech, Chloe M. Gordils
Brooklyn Law Review
At a time when the freedom of speech is increasingly under attack, the question becomes: what protections are available to employees of private companies who wish to engage in political expression while off the clock? Although public employees are in many ways protected by the First Amendment from government intrusion into their political speech, private employees in many states are left largely unprotected. This note examines the current statutory protections offered to protect private employees from being fired or retaliated against based on their political opinions, and argues that the inconsistency and unpredictability of state laws call for a uniform …
Competing With Noncompetes: Increasing Restrictions On The Use Of Employment Noncompetition Agreements In New York, Michael A. E. Neville
Competing With Noncompetes: Increasing Restrictions On The Use Of Employment Noncompetition Agreements In New York, Michael A. E. Neville
Brooklyn Journal of Corporate, Financial & Commercial Law
The New York City Council and the former New York State Attorney General recently proposed legislation restricting the use of noncompetition agreements by employers with low-wage employees. While this proposed legislation demonstrates a step following other progressive states that have already restricted the use of noncompetition agreements, recent federal litigation has revealed the loopholes that New York employers may unfairly utilize, such as garden leave provisions, if restrictions are not placed on both employers of low-wage and high-wage employees. This Note recommends that pending legislation be passed only after a thorough revision that focuses on both low-wage and high-wage employees …
Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski
Freelance Isn’T Free: The High Cost Of New York City’S Freelance Isn’T Free Act On Hiring Parties, Caitlin M. Baranowski
Brooklyn Journal of Corporate, Financial & Commercial Law
Recently, the New York City Council enacted the Freelance Isn’t Free Act (FIFA) to protect freelancers from non-payment. Among FIFA’s protections is the requirement that hiring parties provide a written contract to freelancers for any work exceeding $800 over a 120-day period. As the nation’s first legislation ensuring freelancers’ rights, FIFA marks a major turning point in the development of protections for the gig economy’s growing independent workforce. While its purpose is laudable and necessary, this Note argues that FIFA is currently too ambiguous. To resolve FIFA’s ambiguity, this Note recommends, at the very least, amending FIFA to include: 1) …
Looking Out For The Little Guy: Protecting Child Informants And Witnesses, Sarah Glasser
Looking Out For The Little Guy: Protecting Child Informants And Witnesses, Sarah Glasser
Journal of Law and Policy
Too often, young people in the United States who become involved in the criminal justice system as informants and witnesses are not afforded the protections they need and deserve, and risk being murdered for providing critical information in the pursuit of an arrest or conviction. The immediate adoption of state legislation to protect children who serve as informants or are compelled to testify as witnesses in criminal cases is imperative to avoid the loss of young lives. Such legislation should be compelled via restrictions on state access to federal funds for witness protection, law enforcement, and judicial programs until appropriate …