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Justia Daily Opinion Summaries

Supreme Court of Pennsylvania
July 25, 2020

Table of Contents

Lowman v. Unemp. Comp. Bd. of Review

Civil Procedure, Government & Administrative Law, Labor & Employment Law

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Legal Analysis and Commentary

The Selfie Coup: How to Tell If Your Government Is Plotting to Overthrow Itself

DEAN FALVY

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Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, describes how to tell whether a government is plotting to overthrow itself—a phenomenon he calles a “Selfie Coup.” Falvy explains the difference between a Selfie Coup and creeping authoritarianism by providing examples of both and argues that the more aware civil society is of the possibility of a Selfie Coup, the more likely it can prepare its defenses in time to prevent it.

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Supreme Court of Pennsylvania Opinions

Lowman v. Unemp. Comp. Bd. of Review

Docket: 41 EAP 2018

Opinion Date: July 24, 2020

Judge: Donohue

Areas of Law: Civil Procedure, Government & Administrative Law, Labor & Employment Law

In a matter of first impression, the issue this case presented for the Pennsylvania Supreme Court's review was the appropriate test to determine whether a claimant who is otherwise entitled to receive unemployment compensation benefits due to a separation from employment becomes ineligible for those benefits as a result of being self-employed pursuant to Section 402(h) of the Unemployment Compensation Law (the Act, known as the self-employment exclusion). The Court held that Section 4(l)((2)(B), 43 P.S. section 753(l)(2)(B), contained the appropriate test for determining whether or not an individual is in self-employment. If an individual was not in “self-employment,” then he remained eligible for benefits. Applying that test to the facts of this case, the Supreme Court affirmed the Commonwealth Court's ruling that the claimant was not self-employed.

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