Agency Commons^™

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Akron Law 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 ...

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

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 ...

Forum-Selection Bylaws Refracted Through An Agency Lens, Deborah A. Demott

Faculty Scholarship

Forum-selection bylaws are controversial when they are unilaterally adopted by directors of public companies acting pursuant to a generic bylaw power. The legitimation of such bylaws by the Delaware Court of Chancery in Boilermakers Local 154 Retirement Fund v. Chevron Corp. cleared the way for ever-more-aggressive uses of bylaw power in provisions mandating arbitration of internal-governance claims or imposing one-way fee shifting on shareholder plaintiffs. This Article uses the oblique perspective afforded by agency law to critique these bylaws and clarify the underlying issues they raise. In particular, agency doctrine includes precise articulations of concepts of consent and knowledge. The ...

Attack Of The Cheerleaders! Allegations Of Violations Of The Flsa On An Uncertain Landscape, Adam Epstein

Adam Epstein

In 2013-14, several lawsuits were brought by National Football League (NFL) cheerleaders who claimed that their respective football clubs violated federal or state law with regard to violations of the Fair Labor Standards Act (FLSA), the 1938 federal act that mandates the minimum wage, overtime provisions, and so on. Interestingly, and at the same time, national discourse manifest itself over possibly increasing the federal, state and local minimum wage with various states and cities voting in favor of increasing their minimum wage. The purpose of this article is to explore the recent claims by certain NFL cheerleaders and to analyze ...

Passing The Torch But Sailing Too Close To The Wind: Congress’S Role In Authorizing Administrative Branches To Promulgate Regulations That Contemplate Criminal Sanctions, Reem Sadik

Legislation and Policy Brief

The Supreme Court has stated that Congress must simply “lay down by legislative act an intelligible principle” to which the agency must conform. If this is done, a court will find the delegation of broad authority to the agency to be constitutional. There is, however, an open issue regarding whether the “intelligible principle” standard applies to delegations of authority that allow for the promulgation of both civil and criminal penalties. In Touby v. United States, the Supreme Court was asked whether “something more than an ‘intelligible principle’ is required” when Congress authorizes an agency to issue regulations that contemplate criminal ...

A Different Kind Of Justice: Review 1, Cassandra Sharp Dr

RadioDoc Review

Despite the accepted success of many restorative justice programs with youth and Indigenous offenders, debate still proliferates about the utility of adult restorative justice programs within the criminal justice system. Many important questions are raised about the efficacy and impact of such programs including: ‘What can restorative justice offer adult offenders and victims of crime? What are some of the challenges of using restorative justice in this context? And what can we learn from emerging developments in practice?’ (Bolitho et al, 2012). As will be discussed in this review, Russell Finch’s BBC Radio 4 production of A Different Kind ...

Determining The Extent Of The Work For Hire Doctrine And Its Effect On Termination Rights, Allison E. Dolzani

Touro Law Review

No abstract provided.

The Medicine Shoppe V. Drug Enforcement Adminstration, Jeffrey C. Grass Jd, Ms, Aclm

Jeffrey C. Grass JD, MS, ACLM

The DEA has revoked The Medicine Shoppe’s DEA COR on the grounds that it has “violated its corresponding responsibility to ensure that a prescription for a controlled substance is issued for a legitimate medical purpose.” The principle that state governments bear the primary responsibility for evaluating professional medical and pharmacy licenses follows from our concept of federalism, which requires that state lawmakers, not the federal government, are "the primary regulators of professional [medical] conduct."

"Do No Harm": A Comparative Analysis Of Legal Barriers To Corporate Clinical Telemedicine Providers In The United States, Australia, And Canada, Ian R. Landgreen

Georgia Journal of International & Comparative Law

No abstract provided.

Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget

Seattle University Law Review

Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking ...

Ironic Simplicity: Why Shaken Baby Syndrome Misdiagnoses Should Result In Automatic Reimbursement For The Wrongly Accused, Jay Simmons

Seattle University Law Review

Shaken baby syndrome (SBS)’s shortcomings include the debatable science behind SBS theory and diagnosis—the questioning of which has grown more vociferous—and the arguably biased, discriminatory treatment of the accused. Professor Deborah Tuerkheimer notes that the evolving SBS skepticism and contentious debate has resulted in "chaos" in many SBS adjudications and within the medical and biomechanical fields, with the same SBS proponents and opponents continually crusading for and clashing over their beliefs. The issues surrounding the medical and biomechanical components of SBS diagnoses have been repeatedly examined and discussed, and are not the focus of this Note. This ...

The “Legal” Marijuana Industry's Challenge For Business Entity Law, Luke M. Scheuer

Luke M Scheuer

In recent years many states have legalized the use and sale of marijuana for medical or even recreational purposes. This has led to the booming growth of a “legal” marijuana industry. Businesses openly growing and selling marijuana products to the consuming public are faced with some unusual legal hurdles. Significantly, although the sale of marijuana may be legal at the state level, it is still illegal under federal law. This article explores the conflict between state and federal marijuana laws from a business entity law perspective. For example, managers owe a fiduciary duty of good faith to their businesses and ...

Uniform Alternative Dispute Resolution: The Answer To Preventing Unscrupulous Agent Activity, Scott Kestenbaum

Pepperdine Dispute Resolution Law Journal

This Note addresses whether there should be an arbitration and mediation section added to both the Uniform Athlete Agent Act (UAAA), and Sports Agent Responsibility and Trust Act (SPARTA) to establish a uniform dispute resolution process for dealing with unscrupulous acts of athlete agents. This issue is distinctive because while all four professional sports leagues’ players associations have specific arbitration procedures in their athlete agent regulations, the two statutes governing athlete agent conduct do not adopt a uniform policy relating to arbitration procedures. This Note addresses the prior history of state and federal legislation pertaining to an athlete agent, including ...

What Remains Of Vicarious Jurisdiction For Establishing General Jurisdiction Over Corporate Defendants After Daimlerag V. Bauman, Keri M. Martin

Keri M. Martin

When, if ever, should a corporation be subject to a court’s jurisdiction based solely on the activities of another entity? Commonly, injured plaintiffs pursue foreign corporations to recover for injuries inflicted upon them by some activity of that corporation or its subsidiary. Where plaintiffs are unable to establish personal jurisdiction over the foreign corporation directly, plaintiffs may attempt to establish jurisdiction over the corporation indirectly by imputing to it the in-forum activities of a closely related subsidiary. This form of jurisdictional blame shifting has been termed “vicarious jurisdiction,” and it stems from the understanding that more than one entity ...

'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher

New York University Law and Economics Working Papers

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections — secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s) — in relatively broad units, would, over time, become automatic. Every two years (unless the union achieved a collective bargaining agreement, in which case every three years) the employees in the unit, after an initial minimal required showing of interest, would have an opportunity to vote in a secret ballot whether they wish to continue the union’s ...

'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections — secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s) — in relatively broad units, would, over time, become automatic. Every two years (unless the union achieved a collective bargaining agreement, in which case every three years) the employees in the unit, after an initial minimal required showing of interest, would have an opportunity to vote in a secret ballot whether they wish to continue the union’s ...

Protecting The Innocent With A Premium For Child Safety Regulations, Jacob P. Byl

University of Massachusetts Law Review

Federal agencies regulate many products and activities that impact the safety of children. Agencies should put a premium on saving the lives of children when analyzing the costs and benefits of proposed regulations. This note uses original evidence from the infant car seat market to determine that a child-specific benefit measure should be one and a half to two times that of an adult. A child premium will encourage more regulations that protect the safety of our society's most precious and innocent members.

Abuso Del Diritto Nel Recesso Del Preponente Dal Contratto Di Agenzia, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Hierarchically Variable Deference To Agency Interpretations, Aaron-Andrew P. Bruhl

Notre Dame Law Review

When courts review agency action, they typically accord agency decisions a degree of deference. As many courts and commentators have recognized, the law in this area is complicated because it features numerous standards of review, including several distinct regimes for evaluating agencies’ legal interpretations. There is, however, at least one important respect in which uniformity rather than variety prevails: the applicable standards of review do not vary depending on which court is reviewing the agency. Whichever standard governs a particular case—Chevron, Skidmore, or something else—all courts in the judicial hierarchy are supposed to apply that same standard.

This ...

Why Should We Care About An Agency’S Special Insight?, Stephen M. Degenaro

Notre Dame Law Review

This Note offers some additional thoughts on the outer limits of Seminole Rock deference. Part I discusses the three concerns associated with unchecked Seminole Rock deference that comprise the self-delegation problem—violation of constitutional norms, exploitation of a statutory loophole, and perverse incentives. It explores the potential for abuse they create and recommends what the limitations should look like in order to avoid this potential. Part II explains the two rationales for Seminole Rock deference: the pragmatic and originalist rationales. It describes how the two rationales relate to each other, explains how courts use pragmatic and originalist arguments in their ...