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Harvey Gilmore

Employment Practice

Publication Year

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Full-Text Articles in Law

Standardized Testing And Race: A Reply To Professor Subotnik, Harvey Gilmore Oct 2014

Standardized Testing And Race: A Reply To Professor Subotnik, Harvey Gilmore

Harvey Gilmore

Professor Gilmore responds in disagreement to Professor Subotnik's article supporting standardized testing.


Has Garcetti Destroyed Academic Freedom? Sep 2011

Has Garcetti Destroyed Academic Freedom?

Harvey Gilmore

The case of Garcetti v. Ceballos, decided by the United States Supreme Court in 2006, established that a public employee’s job related communications are not protected by the First Amendment. The Court also held that an employer has the right to impose disciplinary sanctions against that employee based on those job related communications. Although the Court specifically did not address how its decision would affect public university professors in the future, Garcetti has already alarmed academicians who believe in the concept of academic freedom. College professors, especially those who teach in research institutions, are now concerned that the Garcetti decision …


Major League Baseball And The Antitrust Rules: Where Are We Now?, Harvey Gilmore Aug 2009

Major League Baseball And The Antitrust Rules: Where Are We Now?, Harvey Gilmore

Harvey Gilmore

This essay will attempt to look into the history of professional baseball’s antitrust exemption, which has forever been a source of controversy between players and owners. This essay will trace the genesis of the exemption, its evolution through the years, and come to the conclusion that the exemption will go on ad infinitum.


To Failure And Back: How Law Rescued Me From The Depths, Harvey Gilmore Jan 2009

To Failure And Back: How Law Rescued Me From The Depths, Harvey Gilmore

Harvey Gilmore

This Article considers some of the reasons that attorneys have an overly acute sense of frustration with their chosen profession. It also takes a periodic look at some of the same struggles I went through as a member of the accounting profession. Ironically, while some attorneys look at their journey through law as their ticket to the depths of professional hell, it was my own journey through law that ultimately rescued me from my own professional hell. Next, this Article examines some career-changing (and life-altering) decisions, which can ultimately lead to a more rewarding life and career. Finally, I offer …