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Required to sign away their legal rights as authors as a condition
of employment, professional writers may earn a tidy living for
their work, but they seldom own their writing. Writing for Hire
traces the history of labor relations that defined authorship in
film, TV, and advertising in the mid-twentieth century. Catherine
L. Fisk examines why strikingly different norms of attribution
emerged in these overlapping industries, and she shows how
unionizing enabled Hollywood writers to win many authorial rights,
while Madison Avenue writers achieved no equivalent recognition. In
the 1930s, the practice of employing teams of writers to create
copyrighted works became widespread in film studios, radio
networks, and ad agencies. Sometimes Hollywood and Madison Avenue
employed the same people. Yet the two industries diverged in a
crucial way in the 1930s, when screenwriters formed the Writers
Guild to represent them in collective negotiations with media
companies. Writers Guild members believed they shared the same
status as literary authors and fought to have their names attached
to their work. They gained binding legal norms relating to
ownership and public recognition-norms that eventually carried over
into the professional culture of TV production. In advertising, by
contrast, no formal norms of public attribution developed. Although
some ad writers chafed at their anonymity, their nonunion workplace
provided no institutional framework to channel their demands for
change. Instead, many rationalized their invisibility as creative
workers by embracing a self-conception as well-compensated
professionals devoted to the interests of clients.
Skilled workers of the early nineteenth century enjoyed a degree of
professional independence because workplace knowledge and technical
skill were their ""property,"" or at least their attribute. In most
sectors of today's economy, however, it is a foundational and
widely accepted truth that businesses retain legal ownership of
employee-generated intellectual property. In Working Knowledge,
Catherine Fisk chronicles the legal and social transformations that
led to the transfer of ownership of employee innovation from labor
to management. This deeply contested development was won at the
expense of workers' entrepreneurial independence and ultimately,
Fisk argues, economic democracy. By reviewing judicial decisions
and legal scholarship on all aspects of employee-generated
intellectual property and combing the archives of major
nineteenth-century intellectual property-producing
companies--including DuPont, Rand McNally, and the American Tobacco
Company--Fisk makes a highly technical area of law accessible to
general readers while also addressing scholarly deficiencies in the
histories of labor, intellectual property, and the business of
technology.
With clear and concise explanations of all basic concepts in the
law of lawyering and all topics tested on the MPRE, this accessible
book allows professors to satisfy the ABA professional
responsibility requirement with a course that students find highly
engaging and useful. Unlike most professional responsibility
textbooks on the market, however, it links ethics issues to
portraits of the practice contexts in which they typically arise
for real lawyers, helping students appreciate their relevance in
contemporary practice. It also introduces students to the rich
empirical literature on the profession, teaching them about the
profession's overall composition and organization as well as huge
variation in the practice settings, types of work, and daily
experiences of American lawyers and their clients. It describes
powerful economic and cultural forces that are reshaping the legal
profession, and it explores current controversies relating to
access to justice, globalization, technology, diversity, and legal
education. It invites students to reflect on their place in the
profession and how they will navigate the turbulent landscape to
chart successful, rewarding and responsible careers in almost any
type of practice today's law graduates might enter. Most chapters
also contain problems that can be used in class discussion or as
written exercises. The Second Edition is updated to include
problems, materials, and questions drawn from recent events
highlighting professional ethics issues currently in the news. It
also presents the most recent scholarship and commentary on new
challenges for the legal profession posed by technology, litigation
finance, and globalization. This is the only PR book on the market
that provides sufficient explanation of basic legal concepts and
the operation of the legal system to make it suitable for
first-year students, but it also works very well for second and
third year courses. CasebookPlus Hardbound - New, hardbound print
book includes lifetime digital access to an eBook, with the ability
to highlight and take notes, and 12-month access to a digital
Learning Library that includes self-assessment quizzes tied to this
book, leading study aids, an outline starter, and Gilbert Law
Dictionary.
With clear and concise explanations of all basic concepts in the
law of lawyering and all topics tested on the MPRE, this accessible
book allows professors to satisfy the ABA professional
responsibility requirement with a course that students find highly
engaging and useful. Unlike most professional responsibility
textbooks on the market, however, it links ethics issues to
portraits of the practice contexts in which they typically arise
for real lawyers, helping students appreciate their relevance in
contemporary practice. It also introduces students to the rich
empirical literature on the profession, teaching them about the
profession's overall composition and organization as well as huge
variation in the practice settings, types of work, and daily
experiences of American lawyers and their clients. It describes
powerful economic and cultural forces that are reshaping the legal
profession, and it explores current controversies relating to
access to justice, globalization, technology, diversity, and legal
education. It invites students to reflect on their place in the
profession and how they will navigate the turbulent landscape to
chart successful, rewarding and responsible careers in almost any
type of practice today's law graduates might enter. Most chapters
also contain problems that can be used in class discussion or as
written exercises. The Second Edition is updated to include
problems, materials, and questions drawn from recent events
highlighting professional ethics issues currently in the news. It
also presents the most recent scholarship and commentary on new
challenges for the legal profession posed by technology, litigation
finance, and globalization. This is the only PR book on the market
that provides sufficient explanation of basic legal concepts and
the operation of the legal system to make it suitable for
first-year students, but it also works very well for second and
third year courses.
Labor Law in the Contemporary Workplace prepares students for the
practice of labor law by introducing them to the principles of
American labor law and many of the issues that labor attorneys
face. The book is organized around contemporary problems as a means
of teaching the core principles of labor law. Although the primary
focus of the book is the National Labor Relations Act, considerable
attention is given to the Railway Labor Act and public-sector labor
laws because of their growing importance in contemporary practice.
The third edition takes account of changes in the law since the
first edition and second editions were published and in particular
new interpretations of the National Labor Relations Act by the
National Labor Relations Board and recent state restrictions on
public sector collective bargaining.
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