Vol. 4 No. 1
MOVING BEYOND A BRICK AND MORTAR UNDERSTANDING OF STATE ACTION: THE CASE FOR A MORE MAJESTIC STATE ACTION DOCTRINE TO PROTECT EMPLOYEE PRIVACY IN THE WORKPLACE
By: Ronald P. Angerer II
This article addresses the issues surrounding the expansion of the state action doctrine in private entities and its ultimate impact on the rights of all citizens. While the author recognizes the reality that the Fourteenth Amendment was intended to only apply to state actors, he argues, however, that the state action doctrine has been over-expanded and interpreted to allow private corporations to invade the privacy rights of their employees. The author submits that the answer to promoting and preserving employee privacy, and consequently, our own privacy, should be revising the public function test or through the use of the entwinement test.
To support his position, the author argues (1) that current law is insufficient to protect employees; (2) that current law is having adverse effects on the rights of all citizens, especially employees; (3) that the justifications for a rigid state action requirement have no support in the modern world, especially the modern employment setting; and (4) that either Marsh v. Alabama, or Brentwood Academy v. Tennessee Secondary School Athletic Ass’n, or both, warrant finding state action in corporations which are the “functional equivalent” of a government. In a methodical fashion, the author begins by examining the problems currently facing employee privacy in the workplace, and then discusses using state action as a means of promoting and protecting employee privacy in the workplace. While the author recognizes that the current state action doctrine may have been well suited for a brick-and-mortar society, he holds that the progression of society inevitably calls for the reexamination of the law.
WISCONSIN V. YODER: RESPECTING CHILDREN’S RIGHTS AND WHY YODER SHOULD BE OVERTURNED
By: David Gan-wing Cheng
A CAN OF RED BULL, A MISSING SCREW, AND AN ATLAS: SNIFFING OUT SUSPICIOUS REASONING FOR THE FURTHER DISSIPATION OF AMERICANS’ FOURTH AMENDMENT RIGHTS
By: Brendan P. Manning