BUSINESS LAW ASSIGNMENT. Answering questions about cases

Spring 2018

Michael Polsan

1. From the Rankin case (p. 434), what is the threshold question to be decided when a public employee maintains that their 1st Amendment rights have been violated? According to Pickering (referenced within) how are the employer’s rights balanced against the employee’s rights in these matters?

2. How did the court use this Pickering balancing in the Garcetti case (p. 440)? Which aspect proved to be the most problematic for the employee?

3. Review and discuss the three 1 page articles on “Academic Freedom Following Garcetti” in the Ch. 7 folder on Bb by Jason Walta of the NEA. What are some of the issues surrounding this ruling and ways in which the Garcetti case may impact employment in academia?

(15 points)