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Cases and Resources
Unit 6

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CHAPTER 36 Introduction to Constitutional Law
Amendments To The Constitution
Basic Constitutional Law Principles

Amendments To The Constitution
Read about the creation of this document and an overview of the amendments. Read about the goals of the U.S. Constitution and learn about the document's historical perspective by following this link to the The United States Constitution Online.

Read the clause from the Constitution that enables us to pass amendments. What are the two ways of proposing amendments?

Is there a specific article or amendment you would like to read? Use this menu to read a specific segment of the Constitution.

Learn about the first amendments to the Constitution, the Bill of Rights. Why was the Constitution amended shortly after it was created?

Read the Amendments to the Constitution. For what reasons have we amended the Constitution? Are there any amendments that you would like added to the Constitution? Why?
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Basic Constitutional Law Principles
Read Constitutional Law: An Overview.

Read about the restrictions on free speech. This thorough article describes speech that is restricted because it presents a clear and present danger. Do you agree?

Explore the National Constitution Centerís Interactive Constitution.


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CHAPTER 37 Freedom of Speech
The Importance Of Freedom Of Speech Fighting Words, Offensive Speakers, and Hostile Audiences
Obscenity Time, Place, and Manner Restrictions
Defamation Symbolic Speech
Commercial Speech Vagueness and Overinclusive Laws

The Importance Of Freedom Of Speech
The importance of the freedom of speech is not always obvious, especially when people are speaking about ideas, especially those some might disagree with. Has the war on terror in the U.S. impacted the freedom of expression?

Read an explanation of free speech. What are the various categories of free speech? Why are there different standards for different types of speech? Which types of speech deserve the most protection?

Read the case of Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (the basis of the feature on page 430) in short form or full text  and listen to the oral arguments. How does this case exemplify the importance of freedom of speech?
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Obscenity
The government may regulate expression that is obscene.

Read the case of Miller v. California (text page 432) in short form or full text  and listen to the oral arguments. Why is obscenity not protected by the First Amendment?

Read the case of Reno v. ACLU (text page 433) in short form or full text  and listen to the oral arguments. How does the Internet complicate First Amendment issues? Learn more about the struggle with restricting pornography on the internet and the freedom of expression.
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Defamation
Brush up on your understanding of defamation. How do we balance First Amendment concerns with libel and slander?

Browse through the Anti-Defamation League's website. What types of defamation do they monitor? How are defamation and free speech playing out online?
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Commercial Speech
Learn more about governmental regulation of commercial speech. Find out the latest on Commercial Speech Law. Pick an issue and explain what it discusses.

Read the case of New York Times v. Sullivan (text page 435) in short form or full text and listen to the oral arguments. Should public officials be treated differently from other people?
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Fighting Words, Offensive Speakers, and Hostile Audiences
What exactly are fighting words? Read a discussion of how fighting words became a restriction on free speech.

Read the case of Terminiello v. Chicago (featured on text page 436) in short form or full text. How much protection do you think offensive speakers should get? Why?

Scroll through an explanation of clear and present danger and the balancing tests. How did these tests emerge through Supreme Court decisions?

Read the case of Dennis v. United States (text page 437) in short form or full text. How does the political climate affect judicial decisions?

Read about the Supreme Court's decision that formed the incitement test. How do you feel these tests relate to national security, especially when it is not a time of peace?

Learn more about hate speech. Do you think hate speech should be allowed? Read why some oppose hate speech laws. Should crimes motivated by hate be deemed worse than a crime not based on hate? Could a law against hate speech have helped them?

Read the case referenced on page 439--Wisconsin v. Mitchell. How does a biased motivation change the nature of a criminal act?
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Time, Place, and Manner Restrictions
Learn more about time, place and manner restrictions on the First Amendment. Read a case of an adult store that lost its right to stay open 24 hours a day because of these restrictions.

What is a public forum? How is a public forum treated differently than a private forum?

Read a Legal History of Free Speech. It includes a discussion of Collin v. Smith, the case on which PROBLEM 37.9 is based (text page 442). What is the relationship between time, place, and manner restrictions and hate speech? Identify the competing interests in the Collin case. Which interests do you think are more important?
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Symbolic Speech
How can you define symbolic speech? Read some landmark Supreme Court decisions about symbolic speech.

Read the case on which the "Parade Permit Fees" feature on page 443 is based--Forsyth County v. Nationalist Movement. What is a fair way for a county to give out parade permits? What restrictions should a county be able to place on the use of parade permits?

Read the case on which "The Flag Burning" feature on page 444 is based--Texas v. Johnson in short form or full text  and listen to the oral arguments. How is flag burning similar to or different from hate speech? Read more about Texas v. Johnson at the Landmark Cases website. Should flag burning be a crime? If so, when?
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Vagueness and Overinclusive Laws
What is a vague law? Read the story of a First Amendment law examined for vagueness. Do you agree with this courtís decision on spam laws?

Read the case on which "The Cross-Burning Law" feature on page 446 is based--R.A.V. v. City of St. Paul, Minnesota in short form or full text and listen to the oral arguments. How would you have worded the cross-burning law? Do you think the statute at issue is vague or overinclusive? Why?
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CHAPTER 38 Freedom of the Press
Prohibiting Publication
Denying The Press Access to Information
Requiring The Press to Disclose Information

Read an overview of freedom of the press. What are the key cases and issues in this area? Learn more about censorship and why some groups censor materials. Do you believe some things should be censored? Have you ever read a banned book? If so, you have read something that is censored."

Read the case on which "The Televised Candidate's Debate" feature on page 449 is based--Arkansas Education TV Commission v. Forbes in short form or full text" or listen the oral arguments. Should state-owned television stations have different obligations than privately owned television stations? Why or why not?

Prohibiting Publication
Read more about the issue of prior restraint. Are there cases where prohibiting publication may be appropriate? After reading about gag orders, can you think of an occasion where a gag order might be necessary?

Read the case on which "The Gag Order" feature on page 450 is based--Nebraska Press Association v. Stuart in short form or full text" or listen to the oral arguments. What is the value of disclosing information about a trial?

Read the Pentagon Papers case, discussed on page 451 in the text--New York Times Co. v. United States in short form or full text" or listen to oral arguments. Do you think the Supreme Court should have prevented the Pentagon Papers from being published? Why or why not?

Read Smith v. Daily Mail Publishing Co. (referenced on text page 451) in short form or full text  and listen to the oral arguments to help answer the questions in PROBLEM 38.3. Do you think information about youths should be treated differently than information about adults? Why or why not?
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Denying The Press Access to Information
Read the Freedom of Information Act (FOIA; text page 452). What values are promoted by FOIA?

Visit the Freedom of Information Center. What are the current news stories concerning the FOIA?

Look at the United States Government Manual online. What addresses can you find of agencies that you might need information from?

Read the case on which PROBLEM 38.4 (text page 452) is based--Houchins v. KQED in short form, full text  or listen to the oral arguments. Should information about prisons be treated differently than information about other government institutions? Why or why not?
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Requiring The Press to Disclose Information
Read an introduction to the concept of qualified privileges and journalists. Compare the shield laws in various states.

Who is protected by shield laws? Who do you think shield laws should protect? How are investigators trying to get around these laws? Do you think investigating a crime or protecting journalist's private notes are more important?

Read about New Jersey's shield law  in conjunction with the "Shield Law Case" on text page 454. What is the scope of the shield law and who is covered?
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CHAPTER 39 Expression in Special Places
The First Amendment in Public  Schools
The First Amendment in Prisons and The Military

There are places in a community that are quasi-public places, meaning they may be private but have the appearance of being public. Do these places have to abide by the First Amendment?

The government regulates some public forums in the interest of order and the purpose of the forum. Scroll through these regulations and places. Which do you agree with? Which would you change?

The First Amendment in Public Schools
What are your First Amendment rights in a public school? Read about current issues and advocacy happening around your rights as a student.

Read the case of Tinker v. Des Moines School District (text page 456) in short form or full text  and listen to the oral arguments. Should students have the same First Amendment protections in school as they have outside school? What if students want to wear offensive T-shirts in school? Should they be allowed to do so? Read more about this case at the Landmark Cases website.

Read the case of Hazelwood v. Kuhlmeier (text page 457) in short form or full text  and listen to the oral arguments. Is this case consistent with Tinker? Read more about this case at the Landmark Cases website. Browse through a site about advocating student press rights. Do you think your school newspaper should be able to print stories without review by the administration?
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The First Amendment in Prisons and The Military
Read the case referred to on page 459, Turner v. Safley. Should inmates be treated differently than the general public regarding the First Amendment? Why or why not?

Read the 1976 Supreme Case mentioned in your text (Greer v. Spock). The Supreme Court upheld a ban of political speech on a federal military base. What reasons does the Court use to support its decision?

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CHAPTER 40 Freedom of Religion
The Establishment Clause
The Free Exercise Clause

Read an overview of freedom of religion. How does the Court evaluate freedom of religion claims? Read through a list of Supreme Court cases dealing with the freedom of religion.

The Establishment Clause
What does the Establishment Clause mean? Scroll through this section - it is long, but there is a lot of information! How can the government establish religion?

Learn how the Establishment Clause impacts students in public schools. What are the types of guidelines or tips President Clinton Provides to help schools follow the Establishment Clause?

Read the case on which "The Holiday Displays" feature on text page 461 is based--Allegheny v. ACLU in short form or full text  and listen to the oral arguments. What is the meaning of symbols such as Christmas trees and menorahs? Should such symbols be allowed on government property?

Read the case on which "The Rabbi's Invocation" feature on text page 463 is based--Lee v. Weisman in short form or full text  and listen to the oral arguments. How does the Court apply the establishment clause in this case? Do you agree with the Court?

Recently, two cases brought about a renewal of discussion over the Establishment Clause. A federal court of appeals decided the recitation of the Pledge of Allegiance in schools was unconstitutional and the Supreme Court decided school vouchers that pay for religious education was constitutional. How do you feel about these two decisions?
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The Free Exercise Clause
What is the Free Exercise Clause? Read some of the famous cases that deal with this provision.

Read the case of Wisconsin v. Yoder (text page 465) in short form or full text  and listen to the oral arguments. How would you balance the value of secular school versus religious study?

How is the Free Exercise Clause settling the issue of prayer in schools? Read the positions opposing and supporting prayer in school. Which do you think follows the First Amendment?
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CHAPTER 41 Due Process
Substantive Due Process
Procedural Due Process

How does due process work in relation to our laws? Why is due process important? Read another description of due process to help you understand more.

Explore the history and development of due process.

Substantive Due Process
Explore the development of substantive due process. Try looking at substantive due process flow charts and see if that helps you get a better picture.

You can read the case of Cruzen v. Missouri Department of Health featured on page 469, either in short form or the full text; or hear the oral arguments.
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Procedural Due Process
Learn about procedural due process for both civil and criminal cases. Browse through a flow chart for procedural due process.

You can read the case of Goss v. Lopez featured on page 470, either in short form or the full text; or hear the oral arguments.
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CHAPTER 42 The Right to Privacy
Development Of The Right to Privacy Information Gathering and Privacy
Privacy in The Home Reproductive Rights and Privacy
Privacy at School

Read the U.S. Supreme Court's decision in Olmstead v. United States.

Development Of The Right to Privacy
Read a definition of the right to privacy. How did privacy come to be a constitutional issue? Read a site developed by the ACLU regarding current activities affecting the right to privacy. Do you agree with these positions?

You can read the case of Chandler v. Miller referenced on page 473, either in short form or the full text; or hear the oral arguments.
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Privacy in The Home
Explore various fact sheets about personal privacy. The information age poses many ways to reveal private facts about people. Read some opinions opposing a law to make wire taps and surveillance of individuals easier.

You can read the case of Bowers v. Hardwick referenced on page 474, either in short form or the full text, or hear the oral arguments.

You can read the case of Stanley v. Georgia featured on page 475, either in short form or the full text, or hear the oral arguments.
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Privacy at School
Read the full text of the Family Educational Rights and Privacy Act. You can read a summary of the Family Educational Rights and Privacy Act of 1974 (see page 475). Read about when your records can be opened without your consent, or what you can do to view your own records.

Explore the privacy rights of students and their parents. How do you feel the school's interest in safety and a student's interest in free expression should be resolved? What about dress codes and restrictions that may not pose a threat to safety?

Learn more about your rights as a student from the ACLU. The site addresses current issues and news as well as long-standing debates over student rights.

The Supreme Court decided two cases during the 2001-2002 term regarding your privacy rights as a student. How do you feel about these decisions?
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Information Gathering and Privacy
Information is being electronically stored about all of us! Read about some of the current struggles between the need to gather information versus the right to privacy that are affecting the laws today. Read a statement about a perspective on the government's position on consumer privacy.

Review the Freedom of Information Act and the Privacy Act of 1974. How do these two laws conflict or work together?

For up-to-date information on privacy legislation in Congress, explore the Web site by the Center for Democracy and Technology.

How much information do you think you deserve to know about a candidate running for office? Does the character of a presidential candidate matter as much or more than the issues? What about celebrities?
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Reproductive Rights and Privacy
You can read the case of Grisworld v. Connecticut referenced on page 478, either in short form or the full text;  or hear the oral arguments.

You can read the case of Eisenstadt v. Baird referenced on page 478, either in short form or the full text; or hear the oral arguments.

You can read the case of Roe v. Wade (page 479), either in short form or the full text; or read the transcript of the oral arguments.

You can read the case of Akron v. Akron Center for Reproductive Health referenced on page 479, either in short form or the full text .

You can read the case of Planned Parenthood of Southeastern Pennsylvania v. Casey featured on page 480, either in short form or the full text; or hear the oral arguments.

Learn about the pro-life movement from Women and Children First  by reading recent news articles, finding your local pro-life organization, and obtaining legislative information. Learn about the pro-choice movement from Reproductive Health and Rights Center by reading the latest news, obtaining factual information, and learning how to become involved.

The debate over abortion can be very emotional. Read about the current laws about abortion. What are the laws about abortion in other countries? What are the restrictions in abortion laws around the world?

Think beyond abortion laws when you are considering the topic of reproductive rights. How do you feel about contraception? What about sexual education in school? The rights of minors to make decisions about reproductive issues? Visit different sites about reproductive rights and see what you agree with.
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CHAPTER 43 Discrimination
What Is Discrimination? Discrimination Based on Age
Discrimination Based on Race Discrimination Based on Disability
Discrimination Based on National Origin and Citizenship Status Housing Discrimination
Discrimination Based on Gender State and Local Laws Against Discrimination

You can read the case of Plessy v. Ferguson discussed on page 483, either in short form or the full text. Learn more about this case at the Landmark Cases website.

You can read the case of Brown v. Board of Education discussed on page 483, either in short form or the full text. Learn more about this case at the Landmark Cases website.

Read The Civil Rights Act of 1964 and 1968. Read the Voting Rights Act of 1965. What problems do these laws seek to correct?

Learn about the development of the civil rights and discrimination laws or explore the Web sites of civil rights organizations.

What Is Discrimination?

Read about some different types of discrimination. The tests used to decide if discrimination is constitutional can vary based on the type of discrimination. Read a review of the three different levels of scrutiny a court may apply when examining a discriminatory law.

You can read the case of Church of the Lukumi Babalu Aye v. Hialeah referenced on page 485, either in short form or the full text; or hear the oral arguments.

You can read the case of Craig v. Boren, either in short form or the full text; or hear the oral arguments.
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Discrimination Based on Race
Learn the basics of racial discrimination and race relations. Do you believe "reverse discrimination" is a problem?

You can read the case of Arlington Heights v. Metro Housing Developments referenced on page 486, either in short form or the full text; or hear the oral arguments.

Learn about subtle types of race discrimination in housing and how to spot it.

Do you think busing students to various schools to integrate is still necessary? Listen to NPRís series on the Legacy of School Bussing

You can read the case of Keyes v. School District No. 1, either in short form or the full text; or hear the oral arguments.

You can read the case of Freeman v. Pitts, in the full text.

Explore the arguments in support of affirmative action. Explore the arguments of those opposed to affirmative action programs. After reading both sides of the debate, how do you feel about affirmative action?

Read the decision in Hopwood v. State of Texas. The University of Texas has a library of articles and federal appeals court proceedings relating to this suit. Should there be affirmative action in some cases and not in others?

You can read the case of University of California v. Bakke (page 492), either in short form or the full text;  or hear the oral arguments. Read more about this case at the Landmark Cases website.

Learn about employment discrimination by exploring answers to frequently asked questions such as how to sue for employment discrimination, what kinds of cases involve employment discrimination, and whether you can be fired for filing an employment discrimination complaint. Read Title VII of the Civil Rights Act of 1964 or a summary of this law.

You can read the case of United Steelworkers of America v. Weber, either in short form or the full text; or hear the oral arguments.

You can read the case of Richmond v. J.A. Crosan, Co., either in short form or the full text; or hear the oral arguments.

Read about the facts and the people involved in the teacher layoff case in Piscataway. Now read the outcome in Taxman v. Piscataway.

Racial discrimination in voting rights was changed with the Voting Rights Act of 1965. Yet, racial groups that are underrepresented in voting districts often are not heard. Gerrymandering, the act of redistricting to change votes, can be illegal if used just to change the concentration of votes in order to achieve a certain political vote. Racial gerrymandering may be easier to justify.

You can read the case of Miller v. Johnson featured on page 495, either in short form or the full text; or hear the oral arguments.
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Discrimination Based on National Origin and Citizenship Status
Learn about discrimination based on national origin by reading this fact sheet from the U.S. Equal Employment Opportunity Commission.  What is the legality of a speak-English-only rule or treatment based on one's accent?

You can read the case of Plyler v. Doe, either in short form or the full text; or hear the oral arguments.

Discrimination based on citizenship status or national origin has become more of an issue after the terrorist attacks of September 11, 2001. Read about this type of discrimination and what can be done about it.
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Discrimination Based on Gender
The women's right movement has a long history of working for certain rights and respect for women. Read through a timeline of the various struggles women have fought.

Read the decision in United States v. Virginia or a summary of that decision. What was it like to be one of the first women to attend VMI?

Learn more about the Equal Rights Amendment, which has not been ratified. Read about the Equal Pay Act.

Read facts about sexual harassment. What are the differences between quid pro quo harassment and hostile environment sexual harassment? Read a chronology of how sexual harassment law has come to be the law it is today.

You can read the case of Oncale v. Sundowner Offshore Servs. in either full text or short form; or hear the oral arguments.

You can read the case of Burlington Indus. Inc. v. Ellerth, either in short form or the full text; or hear the oral arguments.

Read about Title IX of the Education Act of 1972. What did this law change for women?"
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Discrimination Based on Age
Learn the facts about age discrimination.What are the legal responsibilities for employers who post job notices or provide employee benefits? Read about the effects that age discrimination has on workers as they get older.

While it is not always illegal, young people are sometimes discriminated against based on their age. NYRA is an organization dedicated dedicated to challenging age discrimination against young people.

You can read the Age Discrimination in Employment Act (text page 506). Read an overview of this law and what the government intends to protect.

You can read the case of Massachusetts Board of Retirement v. Murgia featured on text page 507, either in short form or the full text; or hear the oral arguments.
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Discrimination Based on Disability
Explore disability discrimination by reading the answers to these frequently asked questions about disability discrimination in employment and the Americans with Disabilities Act.

Read Board of Education v. Rowley featured on page 509.

Read the Rehabilitation Act of 1973. Now review the educational laws, Individuals with Disabilities Education Act or a summary of IDEA. What do these laws protect that was not being protected before?

Read the Americans with Disabilities Act, described on text pages 510-513. Besides employment, what other areas does the ADA influence?

Read PGA Tour, Inc. v. Martin (from The Case of the Golfer and His Golf Cart).

You can read the case of Bragdon v. Abbott featured on page text 511, either in short form or the full text;  or hear the oral arguments.

Review the Architectural Barriers Act of 1968. Why is this law necessary?
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Housing Discrimination
Since housing discrimination is not always obvious, learn about different types of housing discrimination.

You can read the Fair Housing Act or a summary of the law. Now read the Community Reinvestment Act of 1977 or a summary of the law.

What should you do if you think you have been illegally discriminated against?
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State and Local Laws Against Discrimination
Learn about some state and local discrimination laws dealing with personal appearance, marital status or political affiliation, or family responsibility. For example, what protections do the counties of Illinois provide in addition to the constitutional protections?

Read about the Romer v. Evans case, where the Supreme Court struck down an amendment to the Colorado Constitution forbidding local laws that protected homosexuals from discrimination. Now read a case similar to The Gay Student Club and the Religious University. How do you feel about the actions of the school or the students?

Read about the Human Rights Campaign against discrimination based on sexual orientation. What are some of the political and legal issues surrounding gays and lesbians? What states or counties have laws against workplace discrimination against gays or lesbians?
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CHAPTER 44 Rights and Responsibilities in the Workplace
Looking For a Job
Conditions on The Job
Losing a Job

What rights and responsibilities do you have at your job? Find out what an advisor with the Department of Labor  has to say about employment laws and regulations.

Looking For a Job
Be aware of what questions can be asked of you during an interview. When can gender or age matter? Review Missouri laws regarding appropriate interview questions.

Read the Americans with Disabilities Act (text page 525). How does the ADA protect people with disabilities who are looking for a job?

Read the Age Discrimination in Employment Act (text page 526). How can someone prove age discrimination?

What are the rules for companies that wish to test job applicants?

Read the Polygraph Protection Act (text page 527). Do you agree with this act? Who is protected by this act?
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Conditions on The Job
Read the Fair Labor Standards Act (text page 528). What effect does a minimum wage have on our economy? Is a minimum wage necessary? Why or why not? Read more about wages and hours and how the laws impact your employment. Learn about Your Rights Under Wage and Hour Laws.

Taxes may seem like a burden to someone who is receiving a paycheck. Read through fact sheets on taxes and learn about the history of taxes and why we are taxed.

Read the Family and Medical Leave Act (text page 530). How does this act help new parents? Would you add anything to this act? If so, what?

What is a union? What are some union statistics, such as membership or the trend in strikes? What role have women played in unions and strikes for better wages or conditions?

Read the National Labor Relations Act (text page 531) and learn about the National Labor Relations Board (NLRB). How does the NLRB help workers?

Read the Occupational Safety and Health Act (text page 534) and visit the Occupational Safety and Health Administration to learn about current health and safety issues in the workplace. What safety threats do teens face at work? How can you protect yourself?

What do you need to know if you work around hazardous or toxic materials? What should you do if you are injured on the job?

Read a summary of the Federal Privacy Act of 1974 (text page 538). Scroll down to "The Privacy Act". What are your privacy rights as an employee? Read some programs and facts about employee monitoring.

You can read the case of Skinner v. Railway Labor Executives, either in short form or in full text.
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Losing a Job
What is an employment contract? What types of provisions can be in a contract?

Read the FAQs on Firing Employees. When is it not legal to fire someone?

Read an overview on unemployment compensation law. Find out how to receive unemployment benefits  in your state.
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Cases and Resources
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CH1 |CH2 |CH3 |CH4 |CH5 |CH6 |CH7 |CH8 |CH9 |CH10 |CH11 |CH12 |CH13 |CH14 |CH15 |CH16 |CH17 |CH18 |CH19 |CH20 |CH21 |CH22 |CH23 |CH24 |CH25 |CH26 |CH27 |CH28 |CH29 |CH30 |CH31 |CH32 |CH33 |CH34 |CH35 |CH36 |CH37 |CH38 |CH39 |CH40 |CH41 |CH42 |CH43 |CH44


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