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How can commercial lawyers support their company to implement effective human rights due diligence, manage risk and meet stakeholders\u27 expectations?
No full textAnita Ramasastry, Senior Advisor to the Global Business Initiative on Human Rights discusses with Catie Shavin how the role of commercial lawyers in supporting companies to implement HRDD is changing, what commercial lawyers can do to support their companies navigate mandatory human rights due diligence requirements in a meaningful and effective way, and opportunities to overcome key challenges
Alaska
No full textThe Law of Class Action: Fifty-State Survey 2023 is a valuable tool for both in-house and outside counsel who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.https://digitalcommons.law.uw.edu/faculty-chapters/1057/thumbnail.jp
Harmonizing Music Theory and Music Law
Get PDFThose litigating and adjudicating music copyright disputes find themselves at the intersection of two complex fields: U.S. copyright law and music theory. While the attorneys and judges typically have at least some experience with the former, neither they nor the jurors typically have formal training in or experience with the latter. As a result, legal opinions purporting to incorporate musical concepts sometimes fail to do so accurately, resulting in decisions that are inconsistent with copyright law and policy.
This Article seeks to harmonize U.S. copyright law with relevant principles of music theory. It begins with an accessible primer on basic principles of music theory, with a focus on melody and rhythm. It then summarizes music copyright jurisprudence, and it identifies ways in which the latter seeks to incorporate principles of music theory.
This Article demonstrates that U.S. music copyright jurisprudence is plagued with a fundamental misunderstanding of melody and rhythm as those terms are understood within the field of music. Legal precedents generally equate melody with pitch sequence and rhythm with meter and time signature. Moreover, they give primacy in their analyses to melody—as they define it—to the exclusion of rhythm. Yet music theorists define melody as consisting of pitch and rhythm combined, and their research demonstrates that rhythmic design plays a greater role in creating distinct melodies than pitch standing alone. The result is a legal jurisprudence that is both over- and under inclusive in finding instances of copyright protection and infringement. Using both historical and contemporary musical examples, this Article concludes that courts should redefine and re-weight these two musical concepts in order to arrive at just results in music copyright disputes that are consistent with the balancing of policies that form the foundation of U.S. copyright law
Licensing Intellectual Property: Law and Application, Fifth Edition
No full textIntellectual property is among the most important and interesting areas of law, thanks to its close link to the technological innovation sweeping society. But it is not enough to simply own patents, copyrights, trademarks, and trade secrets—inventors and creators need to put these intellectual property assets to productive use. Licensing is the most important way to do that. Licensing Intellectual Property: Law and Application provides students of varied backgrounds with an understanding of the legal principles and licensing models available to help clients accomplish their business objectives. This book is for courses focusing on the law of licensing and the application of licensing in practice. In particular, the book’s extensive drafting and client counseling exercises provide students the opportunity to develop their skills.https://digitalcommons.law.uw.edu/faculty-books/1083/thumbnail.jp
Individual Home-Work Assignments for State Taxes
Get PDFThe surge in work-from-home arrangements brought on by the COVID-19 pandemic threatens serious disruptions to state tax systems. Billions of dollars are at stake at this pivotal moment as states grapple with where to assign income earned through these remote work arrangements for tax purposes: the worker’s home or the employer’s location? Some states—intent on modernizing their income tax laws—have assigned such income to the employer’s location, but have faced persistent challenges on both constitutional and policy grounds in response.
This Article provides a vigorous defense against such challenges. The Supreme Court has long interpreted the Constitution to be deferential to state tax actions; new laws for the age of remote work surely satisfy constitutional demands. Moreover, assigning income from remote work to the employer’s location is more equitable than assigning the income to the worker’s home, justifying modernization efforts from a policy perspective. The solution to this homework assignment problem is evident: the states must revise their tax laws to face the evolving nature of work
Combating Climate Change and Increasing Tribal Co-Management
No full textThis concurrent session provided an overview of how Tribes are working to combat the ever present threat of climate change and the move toward increasing Tribal-co management of lands and waters throughout the country. The session included a discussion of the Department of the Interior’s work to implement Secretarial Order 3403 on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters
