Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Procedure (2)
- Agency (1)
- Arts Management (1)
- Arts and Humanities (1)
- Audio Arts and Acoustics (1)
-
- Benefits and Compensation (1)
- Business (1)
- Contracts (1)
- Courts (1)
- Disability Law (1)
- Education Law (1)
- Entertainment, Arts, and Sports Law (1)
- Entrepreneurial and Small Business Operations (1)
- Fine Arts (1)
- Human Resources Management (1)
- Intellectual Property Law (1)
- Jurisdiction (1)
- Labor and Employment Law (1)
- Litigation (1)
- Music (1)
- Other Business (1)
- Other Law (1)
- Other Music (1)
- Photography (1)
- Keyword
-
- Author (1)
- Authorship (1)
- Aymes (1)
- Bonelli (1)
- CCNV (1)
-
- Civil procedure (1)
- Continuum (1)
- Copyright (1)
- Disability (1)
- Disabled children (1)
- Discovery (1)
- Due process structure (1)
- Education legislation (1)
- Employee (1)
- Factors (1)
- Federal Courts (1)
- Federal rules (1)
- IDEA (1)
- Independent contractor (1)
- Intellectual Property Law (1)
- Multifactor (1)
- Ownership (1)
- Personal jurisdiction (1)
- Reasonableness (1)
- Reid (1)
- Right to control (1)
- Rule 26(b)(1) (1)
- Special education (1)
- Specific jurisdiction (1)
- Work for hire (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin
"Just A Bit Outside!": Proportionality In Federal Discovery And The Institutional Capacity Of The Federal Courts, Bernadette Bollas Genetin
Akron Law Faculty Publications
This Article focuses on pending amendments to Rule 26(b)(1), the scope-of-discovery provision in the Federal Rules of Civil Procedure. Proposed Rule 26(b)(1) would authorize parties to obtain discovery of “any non-privileged matter that is relevant to any party’s claim or defense” if that information is also “proportional to the needs of the case,” based on enumerated proportionality factors – “the importance of the issues at state in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the …
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 …
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
The Supreme Court's New Approach To Personal Jurisdiction, Bernadette Bollas Genetin
Akron Law Faculty Publications
In the Supreme Court’s recent general jurisdiction cases, it narrowed general jurisdiction in accord with a “reasonableness” approach to jurisdiction that is consistent with International Shoe’s so-called “forward-looking” face. In the Court’s most recent specific jurisdiction case, Walden v. Fiore, the Court took steps toward assessing specific jurisdiction under a reasonableness analysis, but it ultimately reunited the antagonistic “reasonableness” and territorial power theories to impose artificial limits on specific jurisdiction. The newly narrowed general jurisdiction will not often be available as a “safety valve” to provide jurisdiction in some cases in which jurisdiction would be reasonable under the circumstances. This …
Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver
Every Day Counts: Proposals To Reform The Idea's Due Process Structure, Elizabeth Shaver
Akron Law Faculty Publications
It is a core principle of special education legislation that the parents of children with disabilities can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient, anti-collaborative, and prohibitively expensive. Those criticisms have given rise to widely varying proposals to reform special education due process, proposals that range from adding certain alternative dispute resolution mechanisms to a wholesale replacement of the due process structure. This article provides a comprehensive analysis of special education dispute resolution. The article first examines the lively debate among scholars …