Labor and the Constitution: Labor and Property, Privacy, Discrimination and International RelationsFirst published in 1999. This ongoing series, Controversies in Constitutional Law, provides teachers, scholars, and students convenient access to the debates and scholarly literature surrounding major questions of constitutional law. In the structure of government in the United States the Constitution, the Bill of Rights and other Amendments - especially the Fourteenth Amendment - are the primary referential points to locate, protect, and enhance our fundamental political freedoms. The intersections between Labor Law and Constitutional Law occasionally synergize, but perhaps more often obviate the tensions among, several fundamental freedoms. This first volume will situate and examine the intersections among labor, religion, and speech, the two latter among our most fundamental First Amendment rights. |
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... could discharge an employee for the adverse consequences flowing from the employee's speech, even if the predicates upon which the employer originally acted were subsequently determined to be without foundation in fact.
... could discharge an employee for the adverse consequences flowing from the employee's speech, even if the predicates upon which the employer originally acted were subsequently determined to be without foundation in fact.
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As previously stated, the Court has not yet determined the exact scope of the phrase “necessary effect of substantially burdening commerce.” It undeniably includes situations in which the participants cannot be charged with a conscious ...
As previously stated, the Court has not yet determined the exact scope of the phrase “necessary effect of substantially burdening commerce.” It undeniably includes situations in which the participants cannot be charged with a conscious ...
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... of the petitioner, but its motion to dismiss was overruled and the petitioner, after hearing, determined that the complainants had been wrongfully discharged and ordered their immediate restoration, with compensation for lost pay.
... of the petitioner, but its motion to dismiss was overruled and the petitioner, after hearing, determined that the complainants had been wrongfully discharged and ordered their immediate restoration, with compensation for lost pay.
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Contents
National Labor Relations Board v Jones and Laughlin Steel Corp | |
A Response | |
National Labor Relations Board v Catholic Bishop of Chicago | |
Trans World Airlines Inc v Hardison | |
Government Regulation of Religion Through Labor | |
Labor and Speech | |
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Common terms and phrases
accommodate action activities administrative agreement Amendment application argued Association authority believe benefits Board burden Catholic cause church Churchill claim Clause collective bargaining commerce common law concern concluded Congress constitutional contract costs Court decision determine discharge discrimination due process duty economic effect employees employment Establishment evidence exemption exercise expression fact fair federal fees findings fired force freedom Hardison held individual industrial institutional interest involved issue jurisdiction Justice legislative less limited matter means National Labor Relations NLRB observed operation opinion organization person petitioners practices principle problem procedures prohibition protected question reasonable regulation religion religious representatives respondent retaliation rules schools sector seniority speech statute statutory supra note theory Title VII union United violate wages workers workplace wrongful