Friday, November 2, 2007

October 12, 2007

Use it Or Lose it

One would suppose that Merrill Lynch cringed just a tiny bit when it received bills from Eugene Volokh related to his First Amendment work on this case decided today by the First Circuit. That is, assuming that Prof. Volokh billed his time; he could just have a deep and abiding interest in the ability of big financial services companies to exercise First Amendment rights when firing employees. Or not. Everyone’s got to eat, in any event.

Learning that they’d lost the ability to even raise the First Amendment issue because they hadn’t raised it in the trial court? Merrill can’t have been too happy about that.

It’s always interesting to see what constitutional causes the assorted right-leaning members of the legal academy tend to espouse. The ability of big companies to make false statements about former employees seems a bit less urgent than others.

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