Oregon Law Review : Vol. 94, No. 1 (2015)
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Item Open Access The Employer’s or the Employee’s Right to Choose? The Practical Effects of Escriba v. Foster Poultry Farms, Inc. on Employer Family and Medical Leave Policies in the Ninth Circuit(University of Oregon School of Law, 2016-01-27) Thompson, TrishaThis Note explores the FMLA, Department of Labor regulations and guidance, and judicial precedent that provide the backbone of the Ninth Circuit’s decision. Part I of this Note describes FMLA, including the legislative intent, responsibilities of both employers and employees under FMLA, and the statute’s coexistence with DOL regulations, state laws, and employer policies. Part I then outlines the claims available to employees under FMLA and the judicial precedent supporting the Ninth Circuit’s assertion that FMLA protection may be affirmatively declined.Item Open Access The Implications of Oregon’s TriQuint Decision for Enforcing Forum Selection Bylaws(University of Oregon School of Law, 2016-01-27) Vincent, Eleanor J.The significant increase in multi-forum litigation of intra-corporate disputes over the last decade has imposed considerable monetary costs on stockholders and raised uncertainty in outcomes. Forum selection bylaws, unilaterally adopted by corporate boards of directors and generally restricting the forum for intra-corporate lawsuits to the state of incorporation, have emerged as a popular solution to this costly problem. In 2013 and early 2014, courts both inside and outside of Delaware rendered favorable decisions for corporations on these bylaws, signaling general acceptance of their validity and enforceability. However, an Oregon court’s contrary decision has thrown this general acceptance into question.Item Open Access After the Ban: The Financial Landscape of International Soccer After Third-Party Ownership(University of Oregon School of Law, 2016-01-27) Hall, W. TylerIn September 2014, the Fédération Internationale de Football (FIFA)—the worldwide governing body of soccer—declared its intent to ban the contentious practice of third-party ownership (TPO). A TPO agreement is between a soccer club and a third party—an investment fund, corporation, sports agent, or private investor—by which the third party purchases an economic stake in future profits from the sale of one or more players at the club. The third party believes the player has the potential to improve and be sold to another club for a high enough fee to make a profit on the initial investment. The profits made selling economic stakes in future transfers are a crucial resource for cash-strapped soccer clubs around the world.Item Open Access Conflict Between Intellectual Property Rights and Human Rights: A Case Study on Intangible Cultural Heritage(University of Oregon School of Law, 2016-01-27) Farah, Paolo D.; Tremolada, RiccardoThe ability to protect and safeguard cultural heritage is of vital importance to some communities. Without the ability to maintain control over these expressions, external subjects could freely appropriate them, which could negatively affect the community’s identity, spirituality, and general well-being. Increasing awareness regarding cultural heritage provides momentum to better define a legal framework for the protection of the intangible goods that constitute cultural heritage. It is fundamental to ascertain whether the current intellectual property right (IPR) regime represents an adequate model of protection vis-à-vis intangible cultural heritage (ICH). The culture’s unique concerns, which variably affect ICH, make it difficult to compare the rationales for these two legal domains. These concerns are pivotal in elaborating the need for legal protection.Item Open Access Contemplating the Gap-Filling Role of Social Intrapreneurship(University of Oregon School of Law, 2016-01-27) Belinfanti, Tamara C.Social intrapreneurs occupy an intersectional space within the large corporate form at the crossroads of innovation, profit, and social good. They are often described as “disruptive” because they devise new ways to tackle problems, usually social in nature, in a manner that disrupts traditional operating models or long-standing assumptions. Although much has been written about social intrapreneurs in managerial literature, legal literature has been silent. This Article reverses that trend and develops a theory of social intrapreneurship from a corporate law perspective. Specifically, this Article posits that social intrapreneurship in terms of praxis, characteristics, and process can be conceptualized as serving a bridging function between discrete parts of a corporation’s business and, on a meta-level, between the canonical schism of “profit” and “social good.”Item Open Access Scale Economies, Scale Externalities: Hog Farming and the Changing American Agricultural Industry(University of Oregon School of Law, 2016-01-27) Hsu, Shi-LingAmerican agriculture is inexorably concentrating into the hands of a small number of large conglomerates. Expanding farms pursuing scale economies would normally have to abide by a system of environmental and other laws that would, in theory, require farms to account for negative externalities. If those laws were observed and enforced, they would help strike a balance between the greater profitability and the larger externalities of scaling up. But these laws are not widely observed nor rigorously enforced, which upsets this balance and gives large-scale farms a cost advantage while insulating them from corresponding responsibilities.Item Open Access Herd Immunity and Immunization Policy: The Importance of Accuracy(University of Oregon School of Law, 2016-01-27) Reiss, Dorit RubinsteinUnlike vaccine science, appropriate vaccine policy does not have a clear, evidence-based answer. The best policy for any given country is a complex question, and reasonable minds can differ on whether any type of mandate is appropriate and what form such mandate should take. Any such debates, however, lose their value when the arguments are premised on inaccuracies both in law and in fact.