In this article, we explore the implications that Professor Summers' insights regarding public employment have for the Garcetti and Davenport decisions. In particular, we focus on the extent to which the political nature of public employment affects public employees' rights to freedom of speech as well as matters regarding the representational functions of public employee unions.
Rafael Gely et. al., Educating the United States Supreme Court at Summers' School: A Lesson on the "Special Character of the Animal", 14 Emp. Rts. & Emp. Pol'y J. 93 (2010)