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Full-Text Articles in Law
A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge
A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge
Maryland Law Review
No abstract provided.
Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll
Garcetti V. Ceballos: Misconstruing Precedent To Curtail Government Employees’ First Amendment Rights, Matthew R. Schroll
Maryland Law Review
No abstract provided.
Symbolic Speech: A Message From Mind To Mind, James M. Mcgoldrick Jr.
Symbolic Speech: A Message From Mind To Mind, James M. Mcgoldrick Jr.
Oklahoma Law Review
No abstract provided.
Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley
Creating Masculine Identities: Bullying And Harassment "Because Of Sex", Ann C. Mcginley
University of Colorado Law Review
This Article deals with group harassment of women and men in the workplace under Title VII of the 1964 Civil Rights Act. In Oncale v. Sundowner Offshore Services, the Supreme Court held that Title VII forbids harassment by members of the same sex, but it also emphasized that Title VII is implicated only if the harassment occurs "because of sex." Oncale's "because of sex" requirement has spawned considerable confusion in same-sex and different sex harassment cases. This Article focuses on four fact patterns that confuse courts, scholars, and employment lawyers. In the first scenario, men harass women in traditionally male …
Whither The Pickering Rights Of Federal Employees?, Paul M. Secunda
Whither The Pickering Rights Of Federal Employees?, Paul M. Secunda
University of Colorado Law Review
As a result of the Supreme Court's 1983 decision in Bush v. Lucas, federal employees are not permitted to bring Bivens constitutional tort claims directly to federal court to vindicate their First Amendment rights to free speech under Pickering v. Board of Education. Instead, the Bush Court found that Congress had established an effective, alternative statutory scheme for vindication of such claims under the Civil Service Reform Act of 1978. This places federal employees in a less favorable predicament than their state and local employee counterparts who are able to directly proceed to court on their First Amendment retaliation claims …