Law Commons^™

Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn

Andrea Matwyshyn

No abstract provided.

Restraints Of Trade: The Legal Practice, Christopher Arup, Chris Dent, John Howe, William Van Caenegem

William Van Caenegem

This article tests these common assertions against the evidence of the practice. We have gathered data about the legal practice around the state supreme courts. That data includes the legal principles, legal proceedings, cited decisions and legal commentaries. But the article goes beyond this book law to report the impressions and insights gained from a set of interviews with practitioners. These interviews provide a uniquely nuanced picture. They reveal that there are occasions of under-enforcement or genuine compromise. Overall, though, the momentum is with the employer and the practice is a daunting one for many employees to navigate. In this …

To Read Or Not To Read: Privacy Within Social Networks, The Entitlement Of Employees To A Virtual “Private Zone” And The Balloon Theory, Shlomit Yanisky-Ravid

Shlomit Yanisky-Ravid Professor of Law

Social networking has increasingly become the most common venue of self-expression in the digital era. Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data ("screening") of applicants, employees or former employees.

This article addresses the questions of whether this casual business routine harms employees' rights to privacy with regard to data users post in social networks, what the drawbacks of this routine may be, and why and how privacy rights should be protected to secure private zones within the virtual sphere. The article suggests that a privacy right …

‘Sewing The Fly Buttons On The Statute:’ Employee Inventions And The Employment Context, Justine Pila

Justine Pila

Section 39(1) of the Patents Act 1977 governs the ownership of inventions devised by employees in the course of their employment. Introduced ‘to codify in a few lines the accumulated common law experience’ prior to 1977, it does not expressly differentiate between employment fields, and has been widely assumed to apply indiscriminately, without regard to the particular context of employment. The purpose of this article is to revisit that assumption. In the argument made, section 39(1) was built around a private sector paradigm the courts’ departure from which is supported by a ‘rational reason’ in the Shanks v Unilever plc …