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1998

Constitutional Law

Discipline
Institution
Publication
Publication Type

Articles 31 - 33 of 33

Full-Text Articles in Law

Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal Dec 1997

Permissible Content Discrimination Under The First Amendment: The Strange Case Of The Public Employee, Lawrence Rosenthal

Lawrence Rosenthal

The speech of public employees poses special problems under the First Amendment. As Justice O'Connor once explained, a rule that forbids employees who deal with the public from being rude to customers should be permissible in the public sector, even though a statute containing the very same prohibition would be considered impermissibly vague when applied to private-sector employees. Recognizing that a special rule for public employees is necessary, the Supreme Court has held that only when public employees speak on a matter of public concern does their speech qualify for constitutional protection, and even then, the employee's interest must be …


Developments In State Constitutional Law: Due Process, Jill E. Family Dec 1997

Developments In State Constitutional Law: Due Process, Jill E. Family

Jill E. Family

No abstract provided.


The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan Dec 1997

The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.