Legal Studies and Taxation

GoldieBlox posted a video to its website that depicted young girls creating an elaborate and entertaining Rube Goldberg device. The only audio in the video a performance of the Beastie Boys song “Girls” with the original misogynistic lyrics changed to be empowering to girls and women. The musicians believed that the use without their permission of the music was an infringement of their intellectual property rights. GoldieBlox argued that the use was permissible as a fair use, specifically that the song GoldieBlox created was a parody of the original song. Because fair use is a defense to a copyright infringement claim and is only asserted once a copyright owner has proven that claim, there was inherent uncertainty in whether GoldieBlox’s use would be protected. Accordingly, GoldieBlox had to evaluate its legal risk and decide whether to continue to assert its rights to the song in the video.

This article explores the internship relationship, with a focus on unpaid internships in white-collar industries; recommends the appropriate balance between worker autonomy and worker protection with respect to internships; and suggests a structure for internship programs to provide more beneficial, fulfilling, and balanced experiences for interns.

The critical incident stems from a contract dispute between actor Evan Rachel Wood and film producer 10 Things I Hate, LLC, concerning the film 10 Things I Hate About Life. The producer contended that Ms. Wood was in breach of her Artist Services Agreement because she worked only 11 days instead of seven weeks. Ms. Wood contended that the producer had inadequately financed the film, and that production had stopped because of financing; hence, she was not obligated to perform. This critical incident asks students to decide whether the producer should sue, and to consider what claims it should consider bringing against Ms. Wood, including what damages the producer might be entitled to recover. In considering the producer’s option to sue, the student is asked to consider what defenses or counterclaims the producer might anticipate from the defendant as well any independent claims that Ms. Wood might bring against the producer.

The Critical Incident stems from an extended exchange of comments over Twitter between film actor James Woods and an anonymous Twitter user under the pseudonym " Abe List. " Both users seemed to revel in the messy, rambunctious and often impolite milieu of Twitter. In the course of their Twitter war, Abe List tweeted, " cocaine addict James Woods still sniffing and spouting. " The comment made use of the popular internet meme of asking whether someone is " high " or " smoking crack " to challenge that person's position as crazy or outrageous. Woods sued Abe List, characterizing his tweet as defamation alleging that Abe List jeopardized Woods' good name and reputation. Had the 140-character free-for-all that the two engaged in left Abe List vulnerable to a claim of defamation? Could Abe List be liable for tweets that were very much like Woods' own tweets? Learning Outcomes Users of the Critical Incident can expect the following learning outcomes. Students should be able to: 1. Analyze the law and facts of a case to determine the likelihood of success of a defamation claim. 2. Identify the additional burdens faced by a public figure when asserting a defamation claim and apply the law related to the defamation of a public figure. 3. Examine how the context of statements made on Twitter and other social media will affect the analysis of internet-based defamation claims. 4. Analyze and evaluate how financial and social considerations, some of which are beyond the merits of a defamation claim, may affect the outcome of the lawsuit. Application The Critical Incident is appropriate for classes in business law, the legal environment of business, constitutional law, law and ethics, torts and freedom of speech. It has been tested in business law courses at the undergraduate level.

The transfer of ownership of securities has traditionally been accomplished through the use of public exchanges, such as the New York Stock Exchange and NASDAQ, which are subject to stringent statutory and regulatory regulations. Typically, investors purchase and sell equity securities on exchanges based on recent available pricing data. Large purchases or the unloading of shares on the open market may result in a substantial increase or diminution in the price of the shares. Large institutional investors such as mutual funds and the like are wary of making sizeable investments in particular securities because such investments may then cause the securities to fluctuate considerably and the price may be negatively affected. To address this concern, “dark pools of liquidity” – or, simply “dark pools” – arose as a form of an alternative trading system (“ATS”) in an effort to avoid national trading systems. Using dark pools, financial institutions are able to conceal the trades until th...

This Article reviews social media decisions and NLRB advice memoranda within the relevant NLRA regulatory scheme and the standards of review imposed by precedential decisions to offer guidance to employers crafting social media policies for their employees.

This article analyzes the efficacy of the legal environment relevant to the developing phenomenon of non-consensual pornography. The overarching issue is that technology and changing mores have developed more quickly than the ability of the legal environment to address the harm caused by non-consensual pornography. Changes in technology, including the advent of social media and websites that feature user-generated content, in conjunction with the ease of taking and sharing digital photographs and video (particularly on smartphones, tablets, and mobile devices) has spawned the phenomenon of non-consensual pornography. The article is composed of five parts. Part I reviews the definition of non-consensual pornography and some of the relevant research. Part II provides context by reviewing incidents of non-consensual pornography. Damages suffered by the victims of non-consensual pornography are reviewed in Part III. Part IV analyzes and evaluates the current legal and regulatory environ...