American Business Law Journal最新文献_第10页

The Econtractor? Defining the Esports Employment Relationship 经济型拖拉机？电子竞技雇佣关系的界定

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2019-05-20 DOI: 10.1111/ablj.12141

John T. Holden, Thomas A. Baker III

引用次数: 14

Litigation Migrants 诉讼的移民

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2019-05-20 DOI: 10.1111/ablj.12138

Charlotte S. Alexander

引用次数: 0

Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace 信仰与信仰：解决宗教工作场所中的LGBTQ权利冲突

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2019-02-26 DOI: 10.1111/ablj.12135

Elizabeth Brown, Inara Scott

{"title":"Belief v. Belief: Resolving LGBTQ Rights Conflicts in the Religious Workplace","authors":"Elizabeth Brown, Inara Scott","doi":"10.1111/ablj.12135","DOIUrl":"10.1111/ablj.12135","url":null,"abstract":"Employment disputes are increasingly centered on the conflicting moral and religious values of corporations, their employees, and their customers. These conflicts are especially challenging when they involve the rights of lesbian, gay, bisexual, transsexual, and queer/questioning (LGBTQ) employees and customers contraposed against the religious beliefs of corporations and their owners. When religious values compete with civil rights in the employment context, a complex web of legal protections renders the outcome unclear. Conflicts over these competing rights can involve a number of broad, thorny legal disputes, including those concerning the First Amendment and Title VII, fights between secular and religious beliefs, and competition between religious beliefs and equal protection rights under the Fourteenth Amendment. This article illustrates the reasons for this growing tension between the beliefs of business owners and the beliefs of their employees. It explores recent conflicts between religion and rights in the workplace particularly in the context of LGBTQ rights, the ways in which state-level regulation complicates these conflicts, and the potential impact of recent cases addressing these concerns. It also identifies examples of potential specific conflicts in the context of LGBTQ rights and suggests the principles that should guide the resolution of these cases, offering a framework for assessing the hierarchy that a court may use in resolving cases in which values conflict with rights in the workplace. Finally, it addresses some of the troubling implications that arise as a result of the resolution of the potential specific conflicts.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"56 1","pages":"55-113"},"PeriodicalIF":1.2,"publicationDate":"2019-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12135","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48738287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Sampling Increases Music Sales: An Empirical Copyright Study 抽样增加音乐销售:一个实证版权研究

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2019-02-26 DOI: 10.1111/ablj.12137

Mike Schuster, David Mitchell, Kenneth Brown

{"title":"Sampling Increases Music Sales: An Empirical Copyright Study","authors":"Mike Schuster, David Mitchell, Kenneth Brown","doi":"10.1111/ablj.12137","DOIUrl":"https://doi.org/10.1111/ablj.12137","url":null,"abstract":"The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost-free advertising and achieve a competitive advantage.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"56 1","pages":"177-229"},"PeriodicalIF":1.2,"publicationDate":"2019-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12137","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91876344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Winning and Losing in Investor–State Dispute Settlement 投资者与国家争端解决的得失

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2019-02-26 DOI: 10.1111/ablj.12136

Tim R Samples

引用次数: 7

The Transparency Trap: Non-Financial Disclosure and the Responsibility of Business to Respect Human Rights 透明度陷阱:非财务披露与企业尊重人权的责任

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2019-02-26 DOI: 10.1111/ablj.12134

David Hess

{"title":"The Transparency Trap: Non-Financial Disclosure and the Responsibility of Business to Respect Human Rights","authors":"David Hess","doi":"10.1111/ablj.12134","DOIUrl":"https://doi.org/10.1111/ablj.12134","url":null,"abstract":"This article examines the potential for transparency programs to improve corporations’ human rights performance. The primary focus is on “general” transparency programs such as the inclusion of human rights issues in sustainability reports. Regulators increasingly rely on such programs, one of which is the EU Directive on the Disclosure of Non-financial Information, which many commentators view as a model for legislation in other countries and for a business and human rights treaty. This article identifies several problems with this approach. The human rights metrics used in current sustainability reporting standards often lack validity or are based upon data that is most easily collected, rather than most important. Moreover, the empirical evidence on sustainability reporting shows continued problems of selective disclosure, impression management, incomparable disclosures, and the use of disclosure as an end in itself (as opposed to a process that leads to organizational change). To move forward, regulators should shift focus to a model grounded in regulatory pluralism. Under this approach, regulators would combine a selection of targeted transparency mechanisms to create a more complete regulatory system that corrects for one disclosure mechanism's weaknesses by including others that have complementary strengths.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"56 1","pages":"5-53"},"PeriodicalIF":1.2,"publicationDate":"2019-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12134","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91876345","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 45

SLAPPed by RICO: Corporations Punishing Social Activism RICO抨击：企业惩罚社会激进主义

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2018-11-12 DOI: 10.1111/ablj.12133

Robert Sprague

{"title":"SLAPPed by RICO: Corporations Punishing Social Activism","authors":"Robert Sprague","doi":"10.1111/ablj.12133","DOIUrl":"10.1111/ablj.12133","url":null,"abstract":"Since mid-twentieth century, courts and state legislatures have recognized that legitimate petitioning and free speech activities should not be subject to civil litigation. Laws meant to regulate or proscribe one form of activity should not be abused to curb First Amendment activities. Over the past thirty years a number of states have enacted legislation to protect individuals and organizations active in social and environmental causes, as well as local development issues, from groundless lawsuits, known as Strategic Lawsuits Against Public Participation (SLAPPs), brought to silence them. But these anti-SLAPP statutes are of little use to an organization that must spend years in litigation fighting accusations that its protected activities constitute criminal predicate acts under the Racketeer Influenced and Corrupt Organizations Act (RICO). This article advocates a federal statute that can protect individuals and organizations that speak out from meritless lawsuits grounded in federal law—particularly RICO. As discussed in this article, there are procedural and constitutional challenges to such a law. However, those obstacles can and must be overcome to prevent a law aimed at criminal racketeering from being used to stifle First Amendment rights.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"55 4","pages":"763-808"},"PeriodicalIF":1.2,"publicationDate":"2018-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12133","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44854339","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Whistleblowers Need Not Apply 举报人不需要申请

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2018-11-12 DOI: 10.1111/ablj.12131

Leora F. Eisenstadt, Jennifer M. Pacella

{"title":"Whistleblowers Need Not Apply","authors":"Leora F. Eisenstadt, Jennifer M. Pacella","doi":"10.1111/ablj.12131","DOIUrl":"10.1111/ablj.12131","url":null,"abstract":"Whistleblowers are severely disadvantaged when they apply for jobs. Many whistleblowers experience retaliation twofold—first, at their place of employment after they initially blow the whistle, and, second, on the job market for any subsequent employment. This negative trail follows whistleblowers, labeling them as disloyal, suspicious, and, ultimately, not ideal employees, and, thus, unable to find work. Current federal law largely ignores this problem, and protections for job applicants with whistleblowing histories have been severely lacking in some of the most prominent whistleblowing statutes. This article is the first to examine this glaring lack of legal protection as it pertains specifically to whistleblower job applicants by undertaking a comparative analysis of the retaliation protections available in a number of federal statutes and suggesting statutory reform based on that analysis. Specifically, this article draws comparisons between civil rights statutes, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, which each provide expansive protections for job applicants, and the most prominent current federal whistleblowing statutes, the Sarbanes-Oxley Act, the Dodd-Frank Act, and the False Claims Act, which lack these protections. We conclude by recommending amendments to these federal whistleblowing statutes, arguing for specific retaliation protections and redress for whistleblowers who are denied a chance to work again because of their past revelations.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"55 4","pages":"665-719"},"PeriodicalIF":1.2,"publicationDate":"2018-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12131","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42450608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Assessing the Progress of Women in Corporate America: The More Things Change, the More They Stay the Same 评估美国企业女性的进步:变化越多，越保持不变

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2018-11-12 DOI: 10.1111/ablj.12132

Terry M. Dworkin, Cindy A. Schipani, Frances J. Milliken, Madeline K. Kneeland

{"title":"Assessing the Progress of Women in Corporate America: The More Things Change, the More They Stay the Same","authors":"Terry M. Dworkin, Cindy A. Schipani, Frances J. Milliken, Madeline K. Kneeland","doi":"10.1111/ablj.12132","DOIUrl":"10.1111/ablj.12132","url":null,"abstract":"Overt gender discrimination in the workplace is now less frequent since the passage of the Civil Rights Act; however, subconscious workplace gender biases persist. These subtle biases continue to contribute to gender inequality in the employment context, hindering women's ability to reach the top ranks of corporate leadership and their ability to achieve pay equity. To combat this inequity, in this article, we advance several suggestions. First, we urge states to pass legislation requiring paycheck fairness and urge firms to institute policies of salary transparency. Next, when there is a lack of women in the highest corporate ranks of the company, a presumption of discrimination should replace the current legal framework in the courts for disparate treatment analysis in Title VII cases of gender discrimination. We further suggest that firms would do well to improve mentoring and networking programs for women to help even the playing field and call on companies to offer implicit bias training for men. Finally, we urge firms to improve the environment for women in the workplace by adopting and sincerely promoting family-friendly policies. Not only would these recommendations be just, they would also likely increase productivity in the corporate world and help resolve the paradox surrounding the paucity of women in top leadership positions.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"55 4","pages":"721-762"},"PeriodicalIF":1.2,"publicationDate":"2018-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12132","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47528636","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

From Schism to Prism: Equitable Relief in Employee Benefit Plans 从分裂到棱镜:雇员福利计划中的公平救济

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2018-11-12 DOI: 10.1111/ablj.12130

Dana Muir

{"title":"From Schism to Prism: Equitable Relief in Employee Benefit Plans","authors":"Dana Muir","doi":"10.1111/ablj.12130","DOIUrl":"10.1111/ablj.12130","url":null,"abstract":"Denials of relief for even clear violations of statutory protections have left some injured benefit plan participants and beneficiaries without compensation and failed to provide appropriate incentives for compliance. Many of the remedial failures can be traced to a 1993 U.S. Supreme Court case, which narrowly construed the relevant statute's provision for appropriate equitable relief. I argue that since 2002, the Supreme Court slowly and subtly has been shifting its approach to equitable relief in benefits cases. Because the Court's development of the remedial jurisprudence has been subtle and incremental, neither lower courts nor scholars have fully recognized the shift. I rely on theoretical approaches to equity, scholarly commentary across fields of law, and the Supreme Court's jurisprudence to consider the definition of appropriate equitable relief. I then articulate a detailed analysis for use in determining when appropriate equable relief should be available in benefits cases. Applying the analysis to three important categories of benefits cases shows that, properly interpreted, the Employee Retirement Income Act's provision for appropriate equitable relief is neither so unconstrained as to threaten the viability of benefit plans nor so pinched as to deny remedies for rights granted by the statute.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"55 4","pages":"599-663"},"PeriodicalIF":1.2,"publicationDate":"2018-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12130","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47828195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1