Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Author (2)
- Authorship (2)
- Aymes (2)
- Bonelli (2)
- CCNV (2)
-
- Continuum (2)
- Copyright (2)
- Employee (2)
- Employees (2)
- Factors (2)
- Independent contractor (2)
- Multifactor (2)
- Ownership (2)
- Reid (2)
- Right to control (2)
- Work for hire (2)
- Work made for hire (2)
- Abroad (1)
- Actionable (1)
- Algorithmic management (1)
- Alien (1)
- Alternative forum (1)
- Big data (1)
- Black Lives Matter (1)
- Blockchain law (1)
- COVID-19; restaurants; restrictions; policy (1)
- Capital punishment (1)
- Class action (1)
- Collective action (1)
- Collective bargaining (1)
- Publication Year
Articles 1 - 16 of 16
Full-Text Articles in Other Law
The Recipe For Success: How Local Massachusetts And Rhode Island Restaurants Navigated And Survived Covid Restrictions, Han Lambert
Honors Projects in History and Social Sciences
The COVID-19 pandemic and the government restrictions adopted during the pandemic have had a detrimental impact on the continued survival and growth of many industries, including the restaurant industry. This study identifies critical regulations relating to COVID-19, implemented in Rhode Island and Massachusetts, as well as on a federal level, which directly impacted the restaurant industry. It is essential that certain economic and social factors are isolated as a means of establishing trends. In the case of this study, a mixed methods approach was used. The number of restaurants open, the amount of restaurant revenue, and the level of consumer …
The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie
The Law Of Employee Data: Privacy, Property, Governance, Matthew T. Bodie
All Faculty Scholarship
The availability of data related to the employment relationship has ballooned into an unruly mass of personal characteristics, performance metrics, biometric recordings, and creative output. The law governing this collection of information has been awkwardly split between privacy regulations and intellectual property rights, with employees generally losing on both ends. This Article rejects a binary approach that either carves out private spaces ineffectually or renders data into isolated pieces of ownership. Instead, the law should implement a hybrid system that provides workers with continuing input and control without blocking efforts at joint production. In addition, employers should have fiduciary responsibilities …
Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile
Blockchain For Factory Workers: A Study Of Levi’S Worker Well-Being Program, Mary Basile
Blockchain Law
Part I of this paper will provide a bit of background on blockchain technology, and the Worker Well Being Program (“WWBP”) implemented at Levi Strauss through their Levi Strauss Foundation. Part II will expand on relevant international law related to labor rights, with a particular focus on the UNDHR and the ILO. Part III will analyze the current state of and need for a shift in focus on worker well-being, especially considering the current global pandemic and recurring need for a federal minimum wage that moved beyond just a living wage, which it currently is not, to one that allows …
Pelear Por La Dignidad: La Lucha De Las Mujeres Trabajadoras Sexuales Voluntarias Por Derechos Laborales En Un Clima Estigmatizado Políticamente / To Fight For Dignity: The Fight Of Female Voluntary Sex Workers For Labor Rights In A Politically Stigmatized Climate, Rosalind Jones
Independent Study Project (ISP) Collection
Argentina is a country with a rich history of social movements and popular mobilization. Currently, the issue of women’s equality is highly prevalent in the national and political dialogue. An area that is frequently referenced as a divide in the feminist movement is sex work. Argentina has adopted a series of laws and regulations that have created an ‘abolitionist’ political atmosphere, outlawing the sexual exploitation of individuals and persecuting ‘pimps’, per se. The politics surrounding sex work, on paper, are meant to eliminate human trafficking rings and lower the amount of victims exploited through trafficking. However, the application of the …
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Do Community Benefits Agreements Benefit Communities?, Edward W. De Barbieri
Faculty Scholarship
No abstract provided.
Just Jobs, Anita Bernstein
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Akron Law Faculty Publications
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca
Law Faculty Scholarship
Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …
Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick
Our Uneasiness With Police Unions: Power And Voice For The Powerful?, Marcia L. Mccormick
All Faculty Scholarship
The police shooting of Michael Brown, and the other recent police shootings of black men and boys, gave rise to many important discussions about race, inequality, power, and policing. But one issue not as widely discussed was the the role and propriety of police unions. This Essay describes the history and uniqueness of public sector unions, such as police unions, and why they are both useful and problematic.
This Essay describes ways police unions might be used to help solve the current problems, such as helping to connect officers with the community. The Federal and State governments have provided recommendations …
The Gamification Of Work, Miriam A. Cherry
The Gamification Of Work, Miriam A. Cherry
All Faculty Scholarship
In the language of cyberspace, introducing elements of fun or game-playing into everyday tasks or through simulations is known as the process of “gamification.” The idea that people could be working while they play a video game – in some instances without even knowing that they are working – is becoming part of our reality. Gamification is an important element of what in previous writing I have termed “virtual work,” that is, work that is taking place wholly online, in crowdsourcing arrangements, or in virtual worlds. The gamification of work is an important trend with important implications for employment law. …
Secret Class Action Settlements, Rhonda Wasserman
Secret Class Action Settlements, Rhonda Wasserman
Articles
This Article analyzes the phenomenon of secret class action settlements. To illustrate the practice, Part I undertakes a case study of a class action lawsuit that recently settled under seal. Part II seeks to ascertain the scope of the practice. Part II.A examines newspaper accounts describing class action settlements from around the country. Part II.B focuses on a single federal judicial district – the Western District of Pennsylvania – and seeks to ascertain the percentage of suits filed as class actions that were settled under seal. Having gained some understanding of the scope of the practice, the Article then seeks …
Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann
Prosecuting Worker Endangerment: The Need For Stronger Criminal Penalties For Violations Of The Occupational Safety And Health Act, David M. Uhlmann
Articles
A recent spate of construction deaths in New York City, similar incidents in Las Vegas, and scores of fatalities in recent years at mines and industrial facilities across the country have highlighted the need for greater commitment to worker safety in the United States and stronger penalties for violators of the worker safety laws. Approximately 6,000 workers are killed on the job each year1—and thousands more suffer grievous injuries—yet penalties for worker safety violations remain appallingly small, and criminal prosecutions are almost non-existent. In recent years, most of the criminal prosecutions for worker safety violations have been brought by the …
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes
Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes
Department of Justice Studies Faculty Scholarship and Creative Works
The aim of this article is to describe the role of health care professionals in the capital punishment process. The relationship between the protocol of capital punishment in the United States and the use of health care professionals to carry out that task has been overlooked in the literature on punishment. Yet for some time, the operation of the medical sciences in prison have been `part of a disciplinary strategy' `intrinsic to the development of power relationships'. Many capital punishment statutes require medical personnel to be present at, if not actively involved in, executions. Through analyses of these statutes, show …
Female Inmate Labor Force Participation & Distribution Of Inmate Earnings, Brenda V. Smith, Gus Faucher, Linda Haithcox, Harry Holzer, Wendell Primus, Steve Schwalb, Charles Sullivan, Gregory Woodhead
Female Inmate Labor Force Participation & Distribution Of Inmate Earnings, Brenda V. Smith, Gus Faucher, Linda Haithcox, Harry Holzer, Wendell Primus, Steve Schwalb, Charles Sullivan, Gregory Woodhead
Presentations
Hosted by The George Washington University
Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser
Norris V. Arizona Governing Committee: Titile Vii's Applicability To Arizona's Deferred Compensation Plan, Mary E. Berkheiser
Scholarly Works
Analysis of Norris v. Arizona Governing Comm., 671 F.2d 330 (9th Cir. 1982).