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Full-Text Articles in Law

Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart Jan 2008

Shibboleths And Ceballos: Eroding Constitutional Rights Through Pseudocommunication, Susan Stuart

Law Faculty Publications

Recently, the Supreme Court rendered an inexplicable First Amendment decision that has far-reaching effects on the way government is held accountable to the public. In Garcetti v. Ceballos, the Court determined that a government employer can retaliate against an employee for doing his job correctly, notwithstanding the Constitution, so long as the employer targets speech that was part of the employee’s official duties. Inasmuch as government employees are often responsible for reporting government misconduct and other matters of public concern, this opinion essentially leaves the public unprotected from the unbridled discretion of government supervisors. The possible motivations for this …


Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart Jan 2008

Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart

Law Faculty Publications

The recent Supreme Court case of Garcetti v. Ceballos is becoming one of the most-used cases in its mere two-year history. It denies to public employees the protection of the First Amendment when speaking in their official duties. In reviewing the cases both leading up to and then relying oh Garcetti, one is struck by the inherent conflict that nowpermeates some school board-employee relationships. Whereas preceding cases attempted to reach a balance between the school board and its employees' speech rights, bad management practices now seem to trump the First Amendment. Such practices have school boards discharging teachers and …


An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger Jan 2007

An Expressive Jurisprudence Of The Establishment Clause, Ivan E. Bodensteiner, Alex Geisinger

Law Faculty Publications

No abstract provided.


The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner Jan 2005

The Demise Of The First Amendment As A Guarantor Of Religious Freedom, Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner Jan 2005

Review Of David E. Bernstein's "You Can't Say That!--The Growing Threat To Civil Liberties From Antidiscrimination Laws", Ivan E. Bodensteiner

Law Faculty Publications

No abstract provided.


Telemarketing, Commercial Speech, And Central Hudson: Potential First Amendment Problems For Indiana Code Section 24-4.7 And Other "Do-Not-Call" Legislation, Steven R. Probst Jan 2002

Telemarketing, Commercial Speech, And Central Hudson: Potential First Amendment Problems For Indiana Code Section 24-4.7 And Other "Do-Not-Call" Legislation, Steven R. Probst

Law Faculty Publications

No abstract provided.


Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson Jan 1991

Constitutional Law: Nude Dancing And Political Speech As Protected Expression- The Scope Of The Due Process Guarantee, Rosalie Levinson

Law Faculty Publications

In a 1988 address, Chief Justice Shepard invited Indiana practitioners to reexamine the Indiana Constitution as a potentially significant source for the protection of individual liberty. Although there has been some movement in this direction in defending the rights of criminals, there has been little civil rights litigation brought under the Indiana Constitution. Therefore, this Article will explore state and federal court cases that raise significant federal constitutional issues implicating Indiana law and Indiana litigants. The most noteworthy cases during the survey period dealt with freedom of expression and the due process clause.


Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson Jan 1990

Religious Free Speech Rights Of Students In Public Schools: The Educator's Dilemma, Rosalie Levinson

Law Faculty Publications

No abstract provided.


The First Amendment And The Flag, Bruce Berner Oct 1989

The First Amendment And The Flag, Bruce Berner

Law Faculty Publications

No abstract provided.


First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley Jan 1986

First Amendment Restrictions On Title I Programs In Private Schools, Laura Gaston Dooley

Law Faculty Publications

No abstract provided.


Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson Jan 1986

Developments In Civil Liberties: 1984-85 Term, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson Jan 1985

1983-84 Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson Jan 1984

Current Developments In Civil Liberties, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson Jan 1983

Civil Liberties: Current Developments In The Seventh Circuit Regarding First Amendment, Procedural Due Process, Employment Discrimination And The Enforcement Of Civil Rights, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.


Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson Jan 1982

Civil Liberties: Adherence To Established Principles, Ivan E. Bodensteiner, Rosalie Levinson

Law Faculty Publications

No abstract provided.