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Full-Text Articles in Law
Can't Escape From The Memory: Social Media And Public Sector Labor Law, William A. Herbert
Can't Escape From The Memory: Social Media And Public Sector Labor Law, William A. Herbert
William A. Herbert
The Web 2.0 communicative revolution is impacting many fields of law, including labor and employment law. This article focuses upon the application and impact of statutory and constitutional doctrines on the use of social media in public employment in the United States. As part of that analysis, it will compare and contrast developments under the National Labor Relations Act, state collective bargaining and tenure laws and the First Amendment concerning social media. Through this comparative analysis, the article will highlight the distinctions and similarities of public sector labor law and their implications for the future.
The Chill Of A Wintry Light? Borough Of Duryea V. Guarnieri And The Right Of Petition In Public Employment, William A. Herbert
The Chill Of A Wintry Light? Borough Of Duryea V. Guarnieri And The Right Of Petition In Public Employment, William A. Herbert
William A. Herbert
This article analyzes the Supreme Court’s decision in Borough of Duryea v. Guarnieri, which held that in order for a petition, grievance or litigation by a public employee to be protected against retaliation under the Petition Clause of the First Amendment of the United States Constitution it must satisfy the public concern test applicable in retaliation cases alleging a violation of the Speech Clause. The decision was issued in the midst of a renewed contemporary debate over public sector collective bargaining and other statutory rights in public employment. The article analyzes the decision in the context of American public sector …
Advanced Employment Retaliation Issues, William A. Herbert
Advanced Employment Retaliation Issues, William A. Herbert
William A. Herbert
No abstract provided.
Protections For Public Employees Who 'Blow The Whistle" Appear To Be Inadequate, William A. Herbert
Protections For Public Employees Who 'Blow The Whistle" Appear To Be Inadequate, William A. Herbert
William A. Herbert
No abstract provided.
The First Amendment And Public Sector Labor Relations, William A. Herbert
The First Amendment And Public Sector Labor Relations, William A. Herbert
William A. Herbert
No abstract provided.
Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert
Balancing Test And Other Factors Assess Ability Of Public Employees To Exercise Free Speech Rights, William A. Herbert
William A. Herbert
No abstract provided.
Caveat Loquens: Let The Speaker Beware, William A. Herbert
Caveat Loquens: Let The Speaker Beware, William A. Herbert
William A. Herbert
This article discusses the gap between First Amendment expectations and realities with respect to the scope of protected speech in the public sector workplace. While it is highly unlikely that the courts will recognize a qualified immunity against adverse action for traditional First Amendment activities, the article highlights the difficulty that both public employers and employees face in trying to discern the scope and limitations of protections emanating from the First Amendment.