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Labor and Employment Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Labor and Employment Law

The Inalienable Right Of Publicity, Jennifer E. Rothman Nov 2012

The Inalienable Right Of Publicity, Jennifer E. Rothman

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This article challenges the conventional wisdom that the right of publicity is universally and uncontroversially alienable. Courts and scholars have routinely described the right as a freely transferable property right, akin to patents or copyrights. Despite such broad claims of unfettered alienability, courts have limited the transferability of publicity rights in a variety of instances. No one has developed a robust account of why such limits should exist or what their contours should be. This article remedies this omission and concludes that the right of publicity must have significantly limited alienability to protect the rights of individuals to control the …


Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman Oct 2012

Promises Policies And Principles The Supreme Court And Contractual Obligation In Labor Relations, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Parallel Contract, Aditi Bagchi Feb 2012

Parallel Contract, Aditi Bagchi

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This Article describes a new model of contract. In parallel contract, one party enters into a series of contracts with many similarly situated individuals on background terms that are presumptively identical. Parallel contracts depart from the classical model of contract in two fundamental ways. First, obligations are not robustly dyadic in that they are neither tailored to the two parties to a given agreement nor understood by those parties by way of communications with each other. Second, obligations are not fixed at a discrete moment of contract. Parallel contracts should be interpreted differently than agreements more consistent with the classic …


Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman Jan 2012

Contract Theory And Some Realism About Employee Covenant Not To Compete Cases, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.