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Full-Text Articles in First Amendment

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green Oct 2018

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Michael Z. Green

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …


The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd Jun 2017

The Role Of Law In Educational Decision Making - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky Jun 2017

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

Erwin Chemerinsky

No abstract provided.


An Overview Of The October 2006 Supreme Court Term, Erwin Chemerinsky Jun 2017

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

Erwin Chemerinsky

No abstract provided.


No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman Dec 2015

No Free Lunch, But Dinner And A Movie (And Contraceptives For Dessert)?, John C. Eastman

John C. Eastman

The Hobby Lobby decision incited a wave of vitriolic responses, but it is important to understand what the Court actually held before assessing whether such a response was warranted. After reviewing the circumstances leading to the Patient Protection and Affordable Care Act and its accompanying regulations, it is clear that the Court’s legal analysis was correct. Exploring the criticisms from the media and the legal academy in light of that fact reveals the current dispute in the United States over the very nature and purpose of government. In addition scholars and citizens should note the several questions left unaddressed in …


Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn Oct 2015

Captive Audience Meetings And Forced Listening: Lessons For Canada From The American Experience, Sara Slinn

Sara Slinn

Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice, the “marketplace of ideas” view of expression dominating the American debate, and the central role of the contest between constitutional and statutory rights. It also considers …


"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler Feb 2015

"Discrimination" On The Basis Of Religion: An Examination Of Attempted Value Neutrality In Employment, Laura S. Underkuffler

Laura S. Underkuffler

No abstract provided.


Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale Nov 2014

Employee Speech & Management Rights: A Counterintuitive Reading Of Garcetti V. Ceballos, Elizabeth Dale

Elizabeth Dale

In the two years since the decision came down, courts and commentators generally have agreed that the Supreme Court's decision in Garcetti v. Ceballos sharply limited the First Amendment rights of public employees. In this Article, I argue that this widely shared interpretation overstates the case. The Court in Garcetti did not dramatically change the way it analyzed public employees' First Amendment rights. Instead, it restated the principles on which those claims rest, emphasizing management rights and the unconstitutional conditions doctrine. By making those two theories the centerpiece of the decision, the Court in Garcetti defined public employee speech rights …


Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick Nov 2013

Free Speech And Compulsory Union Fees: An Analysis Of Lehnert V. Ferris Faculty Association, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case Lehnert v. Ferris Faculty Ass'n, 500 U.S. 507 (1991). The author expected the case to address the line between those types of activities that effectuate a union's duties as collective bargaining representative, and thus can be charged to non-members, and those activities that are not related to collective bargaining and therefore are not chargeable to objecting non-members.


Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague Dec 2006

Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague

Robert Sprague

No abstract provided.