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Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow
Patent Law, Copyright Law, And The Girl Germs Effect, Ann Bartow
Law Faculty Scholarship
[Excerpt] "Inventors pursue patents and authors receive copyrights.
No special education is required for either endeavor, and nothing
precludes a person from being both an author and an inventor.
Inventors working on patentable industrial projects geared
toward commercial exploitation tend to be scientists or engineers.
Authors, with the exception of those writing computer code, tend
to be educated or trained in the creative arts, such as visual art,
performance art, music, dance, acting, creative writing, film
making, and architectural drawing. There is a well-warranted
societal supposition that most of the inventors of patentable
inventions are male. Assumptions about the genders …
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Law Faculty Scholarship
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …