Law Commons^™

The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart

University of Cincinnati Law Review

No abstract provided.

Compelled Unionism In The Private Sector After Janus: Why Unions Should Not Profit From Dissenting Employees, Giovanna Bonafede

Catholic University Law Review

This Note examines the impact of the 2018 landmark labor law case Janus v. AFSCME. Janus held it unconstitutional under the First Amendment to require public sector employees to pay fees to a union to which they are not a member. The Supreme Court based their decision on the idea that compelling public employees to subsidize union speech to which they disagreed violated their free speech rights. The author argues that the Court’s holding in Janus should be extended to protect the free speech rights of private sector employees through a finding of state action in the private unionized …

Political Equality And First Amendment Challenges To Labor Law, Luke Taylor

University of Cincinnati Law Review

This Article conceptualizes a novel basis for defending laws that strengthen labor unions from First Amendment challenge: the argument that these laws are adequately tailored to advancing a compelling state interest in reducing economic inequality’s transmission into political inequality. The Article makes two principal contributions. First, it updates criticisms of the Supreme Court’s campaign finance decisions’ rejection of any compelling interest sounding in political equality. The Article does so by bringing recent constitutional scholarship to bear on that criticism and by explaining how recent improvements in social scientists’ ability to track different economic brackets’ political influence call for the Court …

The Nlrb's Restrictions On The Employer's Right Of Free Speech, D. Richard Froelke

Akron Law Review

In fiscal year 1968 more than a half million employees cast ballots in NLRB-conducted representation elections. Over the years more than twenty-five million employees have cast ballots in NLRB-supervised elections. Consequently, it seems worthwhile to review, in the light of the First Amendment, the NLRB's attempt to regulate the conduct of elections in which employees choose whether to become organized.

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Touro Law Review

No abstract provided.

An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Whistleblowing And Free Speech: Garcetti's Early Progeny And Shrinking Constitutional Rights Of Public Employees, J. Michael Mcguinness

Touro Law Review

No abstract provided.

All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya

Pepperdine Law Review

In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …

Facebook Is Not Your Friend: Protecting A Private Employee's Expectation Of Privacy In Social Networking Content In The Twenty-First Century Workplace, Cara Magatelli

The Journal of Business, Entrepreneurship & the Law

This Comment explores the implications SNS postings have on private employers concerning the off-duty, non-work related conduct of their employees. This argument recognizes that an employee is entitled to engage in whatever legal off-duty conduct he chooses, so long as the behavior does not damage his employer's legitimate business interests. An employer should not be able to use information gleaned from an employee's SNS postings, unrelated to an employer's business interests, to punish an employee for her choices outside the work place. Disciplining or terminating an employee for his off-duty lifestyle choices permits the morals and standards of the employer …

Neoformalism And The Reemergence Of The Right-Privilege Distinction In Public Employment Law, Paul M. Secunda

San Diego Law Review

The First Amendment speech rights of public employees, which have traditionally enjoyed protection under the doctrine of unconstitutional conditions, have suddenly diminished in recent years. At one time developed to shut the door on the infamous privilege/rights distinction, the unconstitutional conditions doctrine has now been increasingly used to rob these employees of their constitutional rights.

Three interrelated developments explain this state of affairs. First, a jurisprudential school of thought--the "subsidy school"--has significantly undermined the vitality of the unconstitutional conditions doctrine through its largely successful sparring with an alternative school of thought, the "penalty school." Second, although initially developed in the …

On Balancing Scales, Kaleidoscopes, And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.

Oklahoma Law Review

No abstract provided.

The First Amendment And Nonpicketing Labor Publicity Under Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act, Lee Goldman

Vanderbilt Law Review

This Article attempts to provide the appropriate constitutional analysis of restrictions on nonpicketing labor publicity. Part II describes the relevant statute and illustrative cases, including the Supreme Court's DeBartolo decision, that have raised but not resolved the first amendment issues concerning nonpicketing labor publicity. The cases focus attention on two restrictions the courts have imposed on nonpicketing labor publicity-the "producer-distributor" and the "for the purpose of" requirements. Part III analyzes the protected status of the nonpicketing labor speech by comparing nonpicketing labor publicity with labor picketing and commercial speech-two areas that bear superficial similarity to nonpicketing labor publicity and that …

Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy

Vanderbilt Law Review

The purpose of this Article has been to reestablish the continued vitality of the several branches of the state action doctrine in the face of recent decisions that have strained noticeably to avoid implementation of one or more elements of the doctrine, often by an illogical insistence on the application of the Jackson nexus requirement. At least in the employment discharge cases, the regular findings of no state action should not be read as casting doubt upon the continued viability of the various elements of state action doctrine, much less as indications that all elements except state-action-by-state-regulation are so obviously …

Book Reviews, Reginald C. Harmon (Reviewer), A. B. Butts (Reviewer), Rollin M. Perkins (Reviewer), Stanley D. Rose (Reviewer), Charles H. Livengood, Jr. (Reviewer), Keith W. Blinn (Reviewer)

Vanderbilt Law Review

Military Justice under the Uniform Code

By James Snedeker

Boston: Little, Brown and Company, 1953. $15.00.

reviewer: Reginald C. Harmon

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Conscription of Conscience

By Mulford Q. Sibley and Philip E. Jacob

Ithaca: Cornell University Press, 1952. Pp. x, 580. $6.50.

reviewer: A. B. Butts

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Theft, Law and Society

By Jerome Hall

Indianapolis: Bobbs-Merrill Co., Inc. Second Edition, 1952. Pp. xxiv, 398. $10.00.

reviewer: Rollin M. Perkins

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Freedom of the Press in England 1476-1776

By Fredrick S. Siebert

Urbana: University of Illinois Press, 1952. Pp. xiv, 411. $7.50.

reviewer: Stanley D. Rose

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Wage-Hour Law: Coverage

By Heiman …