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Full-Text Articles in Law
The Deregulatory First Amendment At Work, Charlotte Garden
The Deregulatory First Amendment At Work, Charlotte Garden
Faculty Articles
It has been more than seventy years since Justice Hugo Black wrote that First Amendment rights were “essential to the poorly financed causes of little people.” Since then, the well-financed causes of the powerful have discovered the First Amendment as well, deploying it to crowd out the little people in electoral politics and undo their legislative successes in the courts. The seeds for this project were planted in the 1970s — the decade in which Justice Lewis Powell joined the Court, and in which the Court decided both Buckley v. Valeo and Virginia State Board of Pharmacy v. Virginia Citizens …
Labor And Employment Law At The 2014-2015 Supreme Court: The Court Devotes Ten Percent Of Its Docket To Statutory Interpretation In Employment Cases, But Rejects The Argument That What Employment Law Really Needs Is More Administrative Law, Scott A. Moss
Publications
No abstract provided.
Criminal Labor Law, Benjamin Levin
Criminal Labor Law, Benjamin Levin
Publications
This Article examines a recent rise in civil suits brought against unions under criminal statutes. By looking at the long history of criminal regulation of labor, the Article argues that these suits represent an attack on the theoretical underpinnings of post-New Deal U.S. labor law and an attempt to revive a nineteenth century conception of unions as extortionate criminal conspiracies. The Article further argues that this criminal turn is reflective of a broader contemporary preference for finding criminal solutions to social and economic problems. In a moment of political gridlock, parties seeking regulation increasingly do so via criminal statute. In …
Making Sense Of Mid-Term Modifications Of At-Will Employment Contracts, Alex B. Long
Making Sense Of Mid-Term Modifications Of At-Will Employment Contracts, Alex B. Long
Scholarly Works
No abstract provided.
Tennessee Workers: Dying For A Job, Fran Ansley
Employment Discrimination In The Legal Profession: A Question Of Ethics?, Alex B. Long
Employment Discrimination In The Legal Profession: A Question Of Ethics?, Alex B. Long
Scholarly Works
In recent years, the ABA and local bar leaders have taken numerous steps to raise awareness about the need to increase diversity within the legal profession. In order to increase diversity, however, the legal profession must also seek to eliminate unlawful employment discrimination. In most workplaces, an employer’s main concern with respect to discrimination is the possibility of civil suit. However, in a surprising number of states, rules of professional conduct either explicitly prohibit employment discrimination on the part of lawyers or could be easily read to do so. This paper will examine the extent to which it is desirable …