Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
All The President's Privileges, Ann M. Murphy
All The President's Privileges, Ann M. Murphy
Journal of Law and Policy
This article provides a historical perspective of the evidentiary privilege doctrines that are in play in the current Special Counsel investigation. New issues of waiver by tweet are addressed. It is well established that a sitting president is subject to judicial process in certain circumstances, and that President Trump and his close advisors have and will continue to claim one or both of these privileges. I predict that these privileges will be inapplicable, applicable but waived, or applicable but fall within the crimefraud exception to the privileges. The crime-fraud exception has never been raised in a Special Counsel investigation of …
Political Ideology As A Limited Protected Class Under Federal Title Vii Antidiscrimination Law, Anne Carey
Political Ideology As A Limited Protected Class Under Federal Title Vii Antidiscrimination Law, Anne Carey
Journal of Law and Policy
As the political climate in the United States becomes increasingly divided, more and more employees are fired for their off-duty political speech. Political speech is highly protected from government interference under the First Amendment, but it is not well protected from discrimination in employment matters. This is despite the fact that employers can be just as powerful and influential as the government. Although employee political speech is not currently protected at the federal level, there are a myriad of state statutes that protect employee speech from employer retaliation. Some of these state statutes protect speech on a broader level, others …