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Full-Text Articles in Law
Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally
Just Cause Discipline For Social Networking In The New Guilded Age: Will The Law Look The Other Way?, William A. Herbert, Alicia Mcnally
Publications and Research
We live and work in an era with the moniker of the New Gilded Age to describe the growth in societal income inequality. The designation is not limited to evidence of the growing gap in wealth distribution, but also the sharp rise in employment without security, including contingent and part-time work. This article examines the state of workplace procedural protections against discipline as they relate to employee use of social media in the New Gilded Age. In our times, reactions to the rapid distribution of troublesome electronic communications through social networking tend to eclipse patience for enforceable workplace procedures. The …
The Nlra And Social Media: Why The Nlrb Can Be "Facebook Friends" With Both Employees And Employers, Nicholas J. Caplin
The Nlra And Social Media: Why The Nlrb Can Be "Facebook Friends" With Both Employees And Employers, Nicholas J. Caplin
Louis Jackson National Student Writing Competition
No abstract provided.
Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss
Social Media: Creating Student Awareness Of Its Use In The Hiring Process, Justin Blount, Carol S. Wright, Ashley A. Hall, Judith L. Biss
Faculty Publications
As the use of social media permeates our lives, it is important for business educators to promote the effective use of this technology to students for both their role as job seekers as well as potential hiring managers. This article will present current perceptions among business students on using social media in the job search process, primary research from recruiters in an attempt to understand employers’ policies and practices with respect to the use of social media in the hiring process, key laws which students should be aware of with respect to the use of social media by employers, and …
Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan
Rejected For Exposure, Jessica Hanes, Seth Quidachay-Swan
Law Librarian Scholarship
A story published recently in the Detroit News about a Michigan man “asserting a constitutional right to take ‘ballot selfies’ by challenging the state’s long-standing ban on voting station and polling place photography” sparked our interest in whether generational social media preferences might be the driving force for citizens who seek to overturn such laws. After all, the plaintiff is among the earliest born into the Millennial generation, over half of which (55%) have shared a selfie on social media as of 2014, a practice that has become ubiquitous even in politics.
U.S. Media Law Update, Lyrissa Lidsky, Racheal Jones
U.S. Media Law Update, Lyrissa Lidsky, Racheal Jones
Faculty Publications
In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is content-based …
United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones
United States Media Law Update, Lyrissa Barnett Lidsky, Rachael Jones
UF Law Faculty Publications
In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is content-based …
The 'Press,' Then & Now, Sonja R. West
The 'Press,' Then & Now, Sonja R. West
Scholarly Works
Does the First Amendment’s protection of freedom of “the press” simply mean that we all have the right to use mass communication technology to disseminate our speech? Or does it provide constitutional safeguards for a particular group of speakers who function as government watchdogs and citizen surrogates? This question defines the current debate over the Press Clause. The Supreme Court’s Citizens United decision, along with recent work by Michael McConnell and Eugene Volokh, suggests the answer is the former. This article pushes back on that view.
It starts by expanding the scope of the relevant historical evidence. Discussions about the …