The National Labor Relations Act of 1935 is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights, rather than personal rights, and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction.
A condominium is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex itself as well as each individual unit within.
In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason, and without warning, as long as the reason is not illegal. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.
Zeran v. America Online, Inc., 129 F.3d 327, cert. denied, 524 U.S. 937 (1998), is a case in which the United States Court of Appeals for the Fourth Circuit determined the immunity of Internet service providers for wrongs committed by their users under Section 230 of the Communications Decency Act (CDA). Section 230(c)(1) of the CDA provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."
International News Service v. Associated Press, 248 U.S. 215 (1918), also known as INS v. AP or simply the INS case, is a 1918 decision of the United States Supreme Court that enunciated the misappropriation doctrine of federal intellectual property common law—that a "quasi-property right" may be created against others by one's investment of effort and money in an intangible thing, such as information or a design. The doctrine is highly controversial and criticized by many legal scholars, but it has its supporters.
The United States Arbitration Act, more commonly referred to as the Federal Arbitration Act or FAA, is an act of Congress that provides for judicial facilitation of private dispute resolution through arbitration. It applies in both state courts and federal courts, as was held in Southland Corp. v. Keating. It applies in all contracts, excluding contracts of seamen, railroad employees, or any other class of workers involved in foreign or interstate commerce, and it is predicated on an exercise of the Commerce Clause powers granted to Congress in the U.S. Constitution.
José Alberto Cabranes is an American lawyer who serves as a United States circuit judge of the United States Court of Appeals for the Second Circuit and a former presiding judge of the United States Foreign Intelligence Surveillance Court of Review ("FISCR"). Formerly a practicing lawyer, government official, and law teacher, he was the first Puerto Rican appointed to a federal judgeship in the continental United States (1979).
Lowery Stokes Sims is an American art historian and curator of modern and contemporary art known for her expertise in the work of African, African American, Latinx, Native and Asian American artists such as Wifredo Lam, Fritz Scholder, Romare Bearden, Joyce J. Scott and others. She served on the curatorial staff of the Metropolitan Museum of Art, the Studio Museum in Harlem, and the Museum of Arts and Design. She has frequently served as a guest curator, lectured internationally and published extensively, and has received many public appointments. Sims was featured in the 2010 documentary film !Women Art Revolution.
Roberto Azank is an artist of the late 20th century and early 21st century, known primarily for his work as a still life painter. He was born in Buenos Aires, Argentina in 1955; the grandson of an oil canvas artist and the son of a master embroidery designer.
Robert David Sack is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit.
Dennis G. Jacobs is a senior United States circuit judge of the United States Court of Appeals for the Second Circuit. He previously served as Chief Judge of the Second Circuit from October 1, 2006 to August 31, 2013.
SOHO20 Artists, Inc., known as SOHO20 Gallery, was founded in 1973 by a group of women artists intent on achieving professional excellence in an industry where there was a gross lack of opportunities for women to succeed. SOHO20 was one of the first galleries in Manhattan to showcase the work of an all-woman membership and most of the members joined the organization as emerging artists. These artists were provided with exhibition opportunities that they could not find elsewhere.
The California Art Preservation Act (CAPA) is a 1979 California law that provides legal protection for artists' moral rights by prohibiting the alteration or destruction of their artwork without their consent. The law is currently codified at California Civil Code § 987. The law has since been amended in part. The California Art Preservation Act was the first major law to specifically address artists' rights in the United States.
New York energy law is the statutory, regulatory, and common law of the state of New York concerning the policy, conservation, taxation, and utilities involved in energy. Secondary sources have also influenced the law of energy in the Empire State.
The California Resale Royalty Act, which went into effect on January 1, 1977, entitles artists to a royalty payment upon the resale of their art if the transaction takes place in California or the seller is based in the state. It was the only law of its kind implemented in the United States. On July 6, 2018, the U.S. Court of Appeals for the Ninth Circuit ruled that the California Resale Royalties Act was preempted by the Copyright Act of 1976. Now, only works resold from January 1, 1977 to January 1, 1978, when the Copyright Act became effective, are eligible for the royalty payment.
County of Oneida v. Oneida Indian Nation of New York State, 470 U.S. 226 (1985), was a landmark United States Supreme Court case concerning aboriginal title in the United States. The case, sometimes referred to as Oneida II, was "the first Indian land claim case won on the basis of the Nonintercourse Act."
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution.
Agency for Int'l Development v. Alliance for Open Society International, 591 U.S. ___ (2020), also known as Alliance for Open Society II, was a United States Supreme Court case in which the Court held that compelled speech required as a condition for funding on foreign non-governmental affiliates of U.S. non-government organizations does not violate First Amendment rights.
In United States law, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government usually by the state legislature. Preemption is often used when there is a political disagreement between the state legislature and municipal governments. The largest division between the legislature and the government is typically partisan; most state legislatures have been, since 2010, dominated by Republicans, while city governments are typically dominated by Democrats.
