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Full-Text Articles in Law

Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz Apr 2008

Working At The Boundaries Of Markets: Prison Labor And The Economic Dimension Of Employment Relationships, Noah D. Zatz

Vanderbilt Law Review

The "who" question is prominent in recent legal scholarship about work: Who is recognized as a worker, and who is left out? Roughly speaking, two distinct conversations pursue this question. One analyzes the centrality of market work and questions whether other activities-nonmarket work-should be incorporated into legal regimes of worker support and protection. This inquiry emerges from feminist scholarship, focuses on families and caregiving, and primarily considers reforms in who counts as a worker for the purposes of family, welfare, social insurance, and tax law. The boundaries of employment largely are taken for granted, and the problem is whether to …


Reinventing American Immigration Policy For The 21st Century, Krissy A. Katzenstein Jan 2008

Reinventing American Immigration Policy For The 21st Century, Krissy A. Katzenstein

Vanderbilt Journal of Transnational Law

With an estimated eleven to twelve million undocumented workers currently in the United States, the need for immigration reform is critical. As lawmakers grapple with the question of how to best meet the needs of the country, they should keep in mind that the United States is a country of immigration. If the U.S. reverts to a guest worker program like that proposed by the Bush administration, it should expect the results that history suggests--worker exploitation, falling wages, deteriorating working conditions, and discrimination. However, proposals calling for immediate permanent legal status also fail to completely address the needs of the …


Sentencing Guidelines For The Court Of Public Opinion: An Analysis Of The National Football League's Revised Personal Conduct Policy, Michael A. Mahone Jr. Jan 2008

Sentencing Guidelines For The Court Of Public Opinion: An Analysis Of The National Football League's Revised Personal Conduct Policy, Michael A. Mahone Jr.

Vanderbilt Journal of Entertainment & Technology Law

The National Football League (NFL) is considered to be the premier professional sports league in the United States, if not the world. In order to maintain that prominence, it is necessary for the NFL to address circumstances that may arise periodically that could have a deleterious effect on league revenues. Throughout the history of the NFL, initiatives taken to safeguard its continued prosperity have been within the province of the NFL Commissioner. The behavior of NFL players, whether on the playing field or in their personal lives, presents one such threat to the league's financial success. In the area of …


The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr. Jan 2008

The Fair Use Doctrine And Trackjacking: Beautiful Animal Or Destroyer Of Worlds?, S. Wayne Clemons, Jr.

Vanderbilt Journal of Entertainment & Technology Law

"Trackjacking" is the unauthorized replacement of the original soundtrack of an audiovisual recording, such as a movie or television show, with another that is designed to alter substantially the plot and/or characters of the original work. While trackjacking is a creative and entertaining form of art, it may also constitute copyright infringement if the original work is one that is copyrighted. However, if certain criteria are met, the "fair use" doctrine provides a mechanism for courts to excuse what otherwise would be considered copyright infringement. Because the unique nature of trackjacking allows the new work to be distributed in such …


Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside Jan 2008

Six Clicks Of Separation: The Legal Ramifications Of Employers Using Social Networking Sites To Research Applicants, Ian Byrnside

Vanderbilt Journal of Entertainment & Technology Law

As social networking sites like Facebook.com and MySpace.com continue to grow in popularity, college students and other job applicants voluntarily divulge an increasing amount of personal information on them, often unaware of the potential negative effects it may have on their search for employment. Employers are beginning to take note of this trend and are increasingly using applicants' social networking profiles to supplement traditional application information. Many applicants feel that employers should not base employment decisions on social networking profiles in any way and believe that it is illegal for employers to do so. Yet, it appears that employers that …


Profiling The New Immigrant Worker: The Effects Of Skin Color And Height, Joni Hersch Jan 2008

Profiling The New Immigrant Worker: The Effects Of Skin Color And Height, Joni Hersch

Vanderbilt Law School Faculty Publications

Using data from the New Immigrant Survey 2003, this paper shows that skin color and height affect wages among new lawful immigrants to the U.S. controlling for education, English language proficiency, occupation in source country, family background, ethnicity, race, and country of birth. Immigrants with the lightest skin color earn on average 17 percent more than comparable immigrants with the darkest skin color. Taller immigrants have higher wages, but weight does not affect wages. Controls for extensive current labor market characteristics that may be influenced by discrimination do not eliminate the negative effect of darker skin color on wages.