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Integral and Indispensable?
In Integrity Staffing Solutions, Inc. v. Busk, the Supreme Court held that post-work security screenings were noncompensable under the FLSA because they were neither the primary activity that the employees were hired to perform nor “integral and indispensable” to that activity. Following a discussion of the Court’s decision, this Comment calls for a reconsideration of…
Meta-Stories and Missing Facts
This essay renews the debate on the relevance of a literary sensibility to legal practice. Instrumental modalities of legal reasoning inform – and limit – what may count as legal facts. I reference the pattern of high-profile cases at the intersection of race and law enforcement to argue that the strategic description of setting in…
Public Performance Rights for Pre-1972 Sound Recordings
Historically, radio broadcasters have never paid royalties to rightsholders in sound recordings made before 1972 because it was assumed that there were no public performance rights for such recordings. This was challenged recently when former Turtles members, Flo & Eddie, brought suit in California against Sirius XM, successfully arguing that state law confers a public…