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Full-Text Articles in Law
The Right To Remain Silent: Garcetti V. Ceballos And A Public Employee's Refusal To Speak Falsely, Ashley M. Cross
The Right To Remain Silent: Garcetti V. Ceballos And A Public Employee's Refusal To Speak Falsely, Ashley M. Cross
Missouri Law Review
Both Bowie and Jackler, when compared with a wide variety of public employee free speech case law, stand out as cases where a public employee is not seeking protection of his right to speak, but rather, is seeking protection of the right not to speak falsely or protection of the right to refrain from speaking at all. This Summary seeks to review the progression of public employee case law up to Garcetti and then discusses Garcetti's effect on subsequent circuit decisions attempting to apply its standards. Next, a review of the ineffectiveness of current whistleblower protection laws suggests that employees …
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Taking In Strays: A Critique Of The Stray Comment Doctrine In Employment Discrimination Law, Kerri Lynn Stone
Missouri Law Review
This Article argues that the stray comments "doctrine" does more harm than good and that those courts wishing to grant a defendant summary judgment on a claim should have to do so by looking at the totality of the circumstances, rather than summarily using a single facet of a comment to dismiss it from consideration. It points out that the doctrine and its premises fail to comport with even a basic understanding of social science and how people foment, act upon, and reveal discriminatory bias. Interestingly, another judge-made doctrine built into employment discrimination law - the same actor inference - …