Ira Sprotzer and Ilene Goldberg
The specific purpose of this paper is to research the relevant case law with regard to the constitutionality of generic advertising, i.e. “check‐off” programs, when they are…
Abstract
Purpose
The specific purpose of this paper is to research the relevant case law with regard to the constitutionality of generic advertising, i.e. “check‐off” programs, when they are required by state or federal legislation.
Design/methodology/approach
The methodology employed is traditional legal research and analysis.
Findings
The research indicates that although there have been various US Supreme Court cases which address the issue, the law in the USA is still in a state of flux regarding the constitutionality of check‐off programs. Determination of the constitutionality of a specific program is dependent upon the scope of the legislation.
Research limitations/implications
The paper provides a starting point for those interested in the study of this type of advertising, which is becoming increasingly popular in the USA.
Originality/value
This paper is of value to both legislative bodies and producers in deciding the constitutionality of a check‐off program. Specifically it would be of use to a legislative body when determining how to design a constitutional “check‐off” program and to a producer in determining if a specific “check‐off” program is constitutional.
Details
Keywords
Ilene V. Goldberg and Ira Sprotzer
The specific purpose of this paper is to research the relevant case law with regard to the legality of retaliation for workplace discrimination claims.
Abstract
Purpose
The specific purpose of this paper is to research the relevant case law with regard to the legality of retaliation for workplace discrimination claims.
Design/methodology/approach
The methodology employed is traditional legal research and analysis.
Findings
This paper examines standards for proving retaliation, along with the impact of recent US Supreme Court decisions on employers and employees.
Research implications/implications
The research provides a framework for evaluating retaliation claims.
Originality/value
This research is of value to both employers and employees in deciding the standards for proving a retaliation claim.