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Full-Text Articles in Law

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin Dec 2016

Justice Scalia, The Establishment Clause, And Christian Privilege, Caroline Mala Corbin

Articles

No abstract provided.


Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, Sabrina Niewialkouski May 2016

Is Social Media The New Era’S “Water Cooler”? #Notifyouareagovernmentemployee, Sabrina Niewialkouski

University of Miami Law Review

Current Free Speech doctrine does not sufficiently protect government employees’ First Amendment rights. There are two major flaws in the test implemented by the Supreme Court in order to find whether the First Amendment protects an employee. First, the Garcetti test, where a government employee loses First Amendment protection if her speech is pursuant to her official duty, is inadequate, overbroad, and should be done away with completely – or at the least interpreted more narrowly. Secondly, the Pickering balancing test is less of a balancing and more of a prioritization of the government’s interests and should be interpreted to …


The Contraception Mandate Accomodated: Why The Rfra Claim In Zubik V. Burwell Fails, Caroline Mala Corbin Mar 2016

The Contraception Mandate Accomodated: Why The Rfra Claim In Zubik V. Burwell Fails, Caroline Mala Corbin

Short Works

No abstract provided.


Deference To Claims Of Substantial Religious Burden, Caroline Mala Corbin Jan 2016

Deference To Claims Of Substantial Religious Burden, Caroline Mala Corbin

Articles

No abstract provided.