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Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca 2015 University of Akron

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 2015 University of Akron

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 ...


Employee Electronic Communications In A Boundaryless World, Robert Sprague 2015 University of Wyoming

Employee Electronic Communications In A Boundaryless World, Robert Sprague

Robert Sprague

In 2007, the National Labor Relations Board decided that an employer could maintain an email communications policy that prohibits nonwork-related messages, even if those messages involve communications otherwise protected under the National Labor Relations Act. This article argues that such a proscription is outdated and archaic in light of today’s modern workplace filled with communications devices and systems that blur the distinction between work and personal life. The article explains that such a proscription causes employees to turn to personal communications options to discuss concerns that don’t necessarily involve work, but do involve the workplace; an environment with ...


Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman 2014 Pepperdine University

Dick Woodson's Revenge: The Evolution Of Salary Arbitration In Major League Baseball, Edward Silverman

Pepperdine Law Review

This paper examines the evolution of salary arbitration in professional baseball through the lens of the original 1974 Dick Woodson salary arbitration. Part II discusses the general development of labor relations in professional baseball, with an emphasis on how and why salary arbitration came to be implemented. Part III focuses specifically on Dick Woodson’s salary arbitration and how that experience shaped the immediate evolution of the practice and informed the current state of affairs in Major League Baseball (“MLB”). Part IV discusses MLB’s salary arbitration rules and how the process actually works. Part V addresses prevailing criticisms of ...


Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky 2014 Touro College Jacob D. Fuchsberg Law Center

Qualified Immunity: 1983 Litigation In The Public Employment Context, Erwin Chemerinsky

Touro Law Review

No abstract provided.


Discrimination Cases In The October 2004 Term, Eileen M. Kaufman 2014 Touro College Jacob D. Fuchsberg Law Center

Discrimination Cases In The October 2004 Term, Eileen M. Kaufman

Touro Law Review

No abstract provided.


The Accommodation Of Last Resort: The Americans With Disabilities Act And Reassignments, Michael Creta 2014 Boston College Law School

The Accommodation Of Last Resort: The Americans With Disabilities Act And Reassignments, Michael Creta

Boston College Law Review

In 1990, Congress enacted the Americans with Disabilities Act (“ADA”) to eliminate widespread discrimination against disabled persons. The Act requires private employers to provide reasonable accommodations to disabled employees to allow them to continue performing essential job functions. One accommodation in particular has divided the U.S. Circuit Courts of Appeals: reassigning disabled employees to vacant positions. Due to a current circuit split, it is unclear if employers must reassign disabled employees despite maintaining policies of choosing the best-qualified employees for reassignment. This Note argues that both the text of the ADA and the ADA’s legislative history support automatic ...


Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd 2014 Boston College Law School

Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd

Boston College Law Review

Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...


Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau 2014 SelectedWorks

Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau

Griffin Toronjo Pivateau

Enforcement of Noncompete Agreements: Protecting the Public Interest Through an Entrepreneurial Approach

The enforcement of noncompete agreements is variable, differing between courts, between states, and between contexts. Analysis of a noncompete agreement tends not only to be fact-dependent, but location-dependent as well. Some states enforce virtually all noncompete agreements; other states refuse to enforce any noncompete agreements. Courts determine reasonableness without regard to the terms of the agreement. A noncompete agreement is a unique type of contract, as the normal contract standard of mutual agreement supported by consideration falls to the wayside. Instead, reasonableness becomes the key to enforceability.

To ...


Age Discrimination--Extraterritorial Application Of The Age Discrimination In Employment Act--Equal Employment Opportunity Commission Determines That A United States Corporation Operating In West Germany Is Subject To Suit Under The Age Discrimination In Employment Act--Employer's Defense Based On Compliance With West German Law Rejected, Chris Lauderdale 2014 University of Georgia School of Law

Age Discrimination--Extraterritorial Application Of The Age Discrimination In Employment Act--Equal Employment Opportunity Commission Determines That A United States Corporation Operating In West Germany Is Subject To Suit Under The Age Discrimination In Employment Act--Employer's Defense Based On Compliance With West German Law Rejected, Chris Lauderdale

Georgia Journal of International & Comparative Law

No abstract provided.


Appendix A - Selected Directives Of The Council Of The European Communities, Third Comparative Labor Law Roundtable 2014 University of Georgia School of Law

Appendix A - Selected Directives Of The Council Of The European Communities, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.


General Discussion, Third Comparative Labor Law Roundtable 2014 University of Georgia School of Law

General Discussion, Third Comparative Labor Law Roundtable

Georgia Journal of International & Comparative Law

No abstract provided.


Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson 2014 University of Georgia School of Law

Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson

Georgia Journal of International & Comparative Law

No abstract provided.


Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain 2014 University of Georgia School of Law

Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain

Georgia Journal of International & Comparative Law

No abstract provided.


Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick 2014 University of Georgia School of Law

Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick

Georgia Journal of International & Comparative Law

No abstract provided.


The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch 2014 University of Georgia School of Law

The Equal Employment Opportunity Commission: Comments On The Agency And Its Role In Employment Discrimination Law, Mary Kathryn Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon 2014 University of Georgia School of Law

Sexual Harassment And Labor Arbitration, Susan A. Fitzgibbon

Georgia Journal of International & Comparative Law

No abstract provided.


Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik 2014 University of Georgia School of Law

Employment Discrimination In The United States In 1989: Revisions Or A Pause, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player 2014 University of Georgia School of Law

Citizenship, Aliengage, And Ethnic Origin Discrimination In Employment Under The Law Of The United States, Mack A. Player

Georgia Journal of International & Comparative Law

No abstract provided.


Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall 2014 University of Georgia School of Law

Unlawful Discrimination In Employment--An Outline Of The European Community Rules And Case-Law, Julian Currall

Georgia Journal of International & Comparative Law

No abstract provided.


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