Law Archive of Wyoming Scholarship
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All the World\u27s a Platform?: Some Remarks on \u27Marketplace Platform\u27 Employment Laws
No full textThis paper addresses the enactment of marketplace platform laws which have arisen as a remarkable feature of the gig economy in recent years A marketplace platform law decides the question of whether an individual worker is an independent contractor or an employee \u27 an ongoing controversy in all employment law including workers\u27 compensation law \u27 by emphasizing factors other than those normally considered in traditional legal analyses As of this writing seven states appear to have enacted marketplace platform lawsbrbrIn short marketplace platform laws \u27 developed substantially and lobbied aggressively by the company Handy Inc \u27 make it much easier to classify a worker as an independent contractor rather than an employee Essentially as the paper shows by analyzing one such law if a company uses online enhancements in the operation of its business it may qualify as a marketplace contractor rather than an employer whatever the degree of control of working conditions it may exercise de facto in the workplace The paper shows how in the case of workers compensation law this deemphasis of the control factor in assignment of responsibility for workplace injury flies in the face of original workers compensation theory The development is also at complete odds with the ABC employee test which not only emphasizes the control factor but places the burden of proof on employers to show absence of control However one may come down on the employee status issue there seems no denying that in light of Californias substantial adoption of the ABC test in broad swaths of its employment law what rights a worker has to legal protection is increasingly dependent on the workers state of residence or employmen
Educating Lawyers: Law School and Beyond
No full textThe education of lawyers needs - in addition to professional legal learning - to be broad enough to help us deal with persons and situations we encounter professionally, as well as to participate in activities beneficial to humanity
In-Depth Explanation of Firearms and Ammunition
No full textMany aspects of gun policy are driven by the mechanics of firearms Knowledge of how firearms and ammunition operate is thus essential to careful thinking about firearms law and the Second Amendment Those who learn shape and review laws should make every effort to understand basic facts about the operation and use of the firearms involved This unfortunately does not happen in many instancesbrbrThis chapter is designed to help the reader understand the basics of how firearms and ammunition function Part A presents the basic parts of a firearm with summary diagrams Part B describes the various components of firearm ammunition\u27the bullet case primer and gunpowder Part C discusses the operation and safe handling of modern firearms Part D focuses on the three major types of modern firearms\u27handguns rifles and shotguns\u27explaining their specific features and uses Part E examines specialty types of firearms and accessories including those covered by the National Firearms Act machine guns bump stocks silencers or suppressors as well as muzzleloaders and armorpiercing ammunition Part F covers nonfirearm arms such as stun guns edged weapons air and paintball guns bows chemical sprays and blunt weaponshttps://scholarship.law.uwyo.edu/book_chapters/1003/thumbnail.jp
Between a Rock and a Hard Place: The Wyoming Supreme Court\u27s Approach to Arrestees Taking Controlled Substances into Jails; Barrera v. State, 2017 WY 123, 403 P.3d 1025 (Wyo. 2017)
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Thinking in Circles: Using OODA to Sharpen Legal Analysis
No full textOne thing many law students \u27 and practicing lawyers \u27 often struggle with is critically thinking about the entirety of the case they are working on Shallow analysis of the full range of possible legal issues presented by a situation can lead an advocate to be unprepared when new issues arise unexpectedly in a case My article proposes OODA \u27 Observe Orient Decide Act \u27 as a useful way to approach litigation planning and strategy formationbrbrOODA was conceived by military strategist Col John Boyd as a way to outthink and outmaneuver an enemy But it turns out that OODA is a good strategy for solving any kind of problem including legal ones The common law evolves through an endless series of OODA processes This article describes OODA then shows through a hypothetical legal problem how a lawyer can use OODA to clearly analyze the problem in all of its nuancesbrbrThis article adds not only to legal writing pedagogy but clinical teaching as well It demonstrates a useful tool that could be used in case rounds to help students anticipate opposing arguments or unforeseen legal issue
Teasing the Arc of Electric Spark: Fostering and Teaching Creativity in the Law School Curriculum
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