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Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal
No full textThis Article will demonstrate that copyright owners alleging infringement of the derivative works right and courts enforcing that right are often seeking to vindicate something other than an economic right—a moral right.17 Moral rights, in this context, refers to the nonpecuniary interests recognized by many countries to be held by authors of creative works, specifically, the rights of attribution, disclosure, integrity, and withdrawal. These rights are seen as protecting an author’s personality interests in his creation. As such, it is difficult to see how such rights are related to the utilitarian mandate embodied in the Constitution. Therefore, moral rights ought to be distinguished from the pecuniary rights at the heart of copyright. There is an argument, of course, that such rights are not worthy of protection in the first instance. But since courts enforce such rights in the guise of enforcing the derivative works right, this Article will presume that such rights are worthy of protection while arguing that in the absence of Constitutional justification and given the personal nature of moral rights, they should receive more limited protection
The Vulnerable Subject at Work: A New Perspective on the Employment at-Will Debate
Get PDFThis article applies recent vulnerability scholarship to employment law issues. A vulnerability approach argues that the autonomous liberal legal subject at the heart of much of political and legal thought fails to capture the material, social, and developmental realities of the human condition and thus should be replaced with a vulnerable subject. Importantly, and in contrast to the autonomous, independent, and self sufficient abstraction of the liberal legal subject, the vulnerable legal subject is theorized as embodied and as embedded in social contexts. The idea of the vulnerable subject has been described as providing a needed intervention into U.S. policy discussions, providing a heuristic - a way to shift the focus of inquiry to a more balanced or complete conception of what it means to be human in ways that will raise new questions and reveal new relationships and patterns.\u27 I plan to apply this general theory to the employment context by the creation of the constructs of the vulnerable employer and the vulnerable employee. As a starting point for applying vulnerability theory to the employment relationship, this article examines the effect of employment law on employees\u27 vulnerability and resilience to vulnerability. Importantly, we must recognize that the at-will rule is the manifestation of a policy choice made by the state. This policy choice gives a privilege to American employers that is not shared by employers in most other first-world nations. That policy choice, like all others, has consequences. It decreases employees\u27 resilience and ability to positively respond in the face of their vulnerability. A vulnerability approach allows us to introduce the idea that the privilege the employer enjoys under the at-will regime might also appropriately be complemented by some reciprocal responsibility for the situation of the employee. To the extent possible, employment policy should attempt to mitigate the consequences of giving employers broad control over the workplace by balancing it with some benefits for employees. At present, employers receive most of the privileges of the at will rule, but do not bear a proportionate share of the consequences. Using vulnerability and resilience as guiding principles, a vulnerability analysis asks whether those burdens and benefits should be more equitably shared. In addition, because the at-will rule is a privilege created by the state, vulnerability theory suggests the state may have some additional obligation to protect employees\u27 resiliency beyond fashioning employment law
Climate Change and Indigenous Peoples: The Search for Legal Remedies
Get PDFIndigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya).https://commons.law.famu.edu/faculty-books/1001/thumbnail.jp
The Illusion of a Second Chance: Expunctions Versus the Law School and State Bar Application Processes
Get PDFNo Laughing Matter: The Intersection of Legal Malpractice and Professionalism
Get PDFIn an effort to increase professionalism among lawyers, an analysis of the relationship between lawyers\u27 professional behavior and legal malpractice claims is warranted. This Article will explore that relationship, and address the need to fuse the two components in an effort to enhance professionalism. The Article will specifically seek to address the questions: (1) Should professionalism be admissible, or even conclusive, evidence of the standard of care of the reasonable attorney in legal malpractice cases? and (2) Will a proper definition of the reasonable attorney in the context of legal malpractice cases encourage and ultimately enhance professionalism in legal society
History of De Jure Segregation in Public Higher Education in America and the State of Maryland Prior to 1954 and the Equalization Strategy
Get PDFJailing the Johns: The Issue of Demand in Sex Trafficking
Get PDFSlavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.\u27 Most victims have little to no hope of a life of freedom and dignity. The United States is an active participant in the global sex trade.\u27 As surprising as this may be to most Americans, victims of the global sex trade are trafficked in and out of this country on a daily basis. Most of the individuals victimized in this industry are women and children.\u27 Practically every state in the United States has sex trafficking occurring within its borders. If there are people living in the state, there is the potential for sex trafficking. As was true with the colonial slave trade, the numbers of those enslaved in this twenty-first century slavery have increased over time. And while it is impossible to retrieve accurate figures on the numbers involved (given the clandestine nature of this business, traffickers are not forthcoming with statistics) estimates show that the numbers of women and children [who] have been trafficked have multiplied so that they are now on par with estimates of the numbers of Africans who were enslaved in the 16th and 17th centuries
2012 Hooding Ceremony Program
Get PDFhttps://commons.law.famu.edu/hooding-ceremony-programs/1007/thumbnail.jp