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Author:
Publisher: American Bar Association
ISBN: 9781604425581
Category : Antitrust law
Languages : en
Pages : 132
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Book Description
Author: LandMark Publications
Publisher:
ISBN: 9781980341390
Category :
Languages : en
Pages : 528
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Book Description
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret the Noerr-Pennington Doctrine.The Noerr-Pennington Doctrine originated as a shield against antitrust liability and provides that concerted efforts to petition the government that would otherwise be illegal may nonetheless be protected by the First Amendment's Petition Clause when certain criteria are met. Allied Tube & Conduit Corp. v. Indian Head, Inc., 486 U.S. 492, 499, 108 S.Ct. 1931, 100 L.Ed.2d 497 (1988). While the Supreme Court has intimated that the Noerr-Pennington doctrine may cover some lawsuits by unions or employers that are "reasonably based," BE & K Constr. Co. v. NLRB, 536 U.S. 516, 536, 122 S.Ct. 2390, 153 L.Ed.2d 499 (2002), it has exempted from such protection those employer lawsuits that are preempted by the NLRA or -- as here -- have an "objective that is illegal under federal law." Bill Johnson's Rests., Inc. v. NLRB, 461 U.S. 731, 737 n.5, 103 S.Ct. 2161, 76 L.Ed.2d 277 (1983); Diamond Walnut Growers, 53 F.3d at 1089. The Noerr-Pennington doctrine does not encompass the latter lawsuits because an employer's First Amendment rights "cannot outweigh the equal rights of the employees to associate freely, as those rights are embodied in [Section] 7 and protected by [Section] 8(a)(1)" of the NLRA. NLRB v. Gissel Packing Co., 395 U.S. 575, 617, 89 S.Ct. 1918, 23 L.Ed.2d 547 (1969); White v. Lee, 227 F.3d 1214, 1236-37 (9th Cir. 2000) (explaining that an employer's "unfair labor practice under the NLRA does not receive full First Amendment protection" because employees' associational rights limit the reach of Noerr-Pennington in the NLRA context); NLRB v. Associated Gen. Contractors of Cal., Inc., 633 F.2d 766, 772 n.9 (9th Cir. 1980) (holding employer conduct that "would otherwise be protected" under the First Amendment "may be regulated if necessary to protect substantial rights of employees or to preserve harmonious labor relations in the public interest"). United Nurses Associations of CA v. NLRB, 871 F. 3d 767 (9th Cir. 2017).
Author:
Publisher: American Bar Association
ISBN: 9781604425581
Category : Antitrust law
Languages : en
Pages : 132
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Book Description
Author: Mary L. Azcuenaga
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 16
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Book Description
Author: Lemons, Thomas F.
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 7
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Book Description
Author: Bruce W. Miller
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 68
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Book Description
Author: Earl W. Kintner
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 280
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Book Description
Author: West (Firm)
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 32
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Book Description
Author: Robert S. Chaloupka
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 30
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Author:
Publisher:
ISBN:
Category : Energy policy
Languages : en
Pages : 474
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Book Description
Author: George William Pring
Publisher: Temple University Press
ISBN: 9781566393690
Category : Law
Languages : en
Pages : 300
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Book Description
In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
