Over one-half billion people worldwide have registered accounts with Facebook, the most popular online social network. This article addresses some of the more significant employment-related legal issues arising from the growing popularity of online social networks. First, the need for employers...

The principal thesis of this paper is: the expectations for the role of the board of directors is based on historical conditions that no longer apply; those out-of-date expectations laid the foundation for legal standards of care that effectively render boards unaccountable to the shareholders;...

There is a fundamental flaw in the law's approach to corporate governance. While shareholder primacy is a well-established norm within U.S. corporate law, the business judgment rule essentially holds directors blameless when they fail to maximize shareholder wealth. During the past century,...

This paper explores whether the modern corporate governance model is sustainable. For many, particularly large, corporations, there is a separation between ownership and management, with an emphasis by management on short-term gains at the expense of long-term sustainability. This paper explores...

This Article argues that the difficulties associated with understanding and applying rights to privacy in modern America, and its near extinction, particularly for employees, are a direct result of the conceptual approach used to determine whether a legal right to privacy exists. This approach...

Through its website, Amazon.com retails its own products as well as those of nearly three million third-party vendors through the Amazon Marketplace. With few exceptions, courts have concluded Amazon.com should not be considered a “seller” for purposes of strict products liability for...

In light of California's recent adoption of the ABC employee/independent contractor classification test, this Article provides a comprehensive analysis of the ABC test's application in the platform-based (gig) economy. After first reviewing the current state of precarious work arrangements,...

Jobs that provide a decent wage, adequate benefits, and some semblance of stability have been the bedrock of American-household economic security since the mid-twentieth century. But for millions of U.S. workers in the twenty-first century, jobs do not pay enough, provide few—if...

How is it that the world's largest taxi service claims it is not a transportation company? How can an iconic worldwide package delivery company argue that it is not in the package delivery business? These are just two idiosyncrasies of the modern economy in which microentrepreneurial contractors...

This paper focuses on firms misclassifying workers as independent contractors instead of as employees. This means fewer and fewer workers are afforded legal workplace protections. The tests used to determine how workers should be classified are complex and convoluted. This paper argues that...