Diana Simon | University of Arizona (original) (raw)
Papers by Diana Simon
COVID-19 has impacted almost every facet of our lives, but has it impacted intellectual property ... more COVID-19 has impacted almost every facet of our lives, but has it impacted intellectual property rights? Possibly. This article explores the intersection between the work-made-for-hire doctrine under the Copyright Act of 1976, agency theory, the updated Restatement (Third) of Agency, and our changing workforce in a post-COVID-19 world. Specifically, as of now, whether an employee was "in the scope of employment" at the time a work was created is evaluated, in part, by whether the work occurred "substantially within time and space limits." But this test is derived from the Restatement (Second) of Agency, which has been amended, and the Restatement (Third) no longer includes this as a factor. On top of the changing Restatement, employment conditions for many in this country have also changed dramatically. Now, where home is not only where the heart is but where the office is, this raises complex issues about whether the test for scope of employment should change and discusses the implications of such a change.
Do transitions really matter? Yes. This article explores the impact of transitions in legal writi... more Do transitions really matter? Yes. This article explores the impact of transitions in legal writing beyond simply improving flow and readability. First, with the help of cognitive psychologists and neuroscientists, the science behind transitions is addressed, because science shows that transitions increase comprehension and improve processing times. Second, the omnipresence and significance of transitions is addressed with the help of singer-songwriter Justin Timberlake and his song, “SexyBack” and comedian Brian Regan and his stand-up bit, “I Walked on the Moon.” Third, various types of transitions in legal writing are addressed with a special focus on the “magic of three” in persuasion in both legal writing and beyond.
This article contains an easy-to-follow guide for creating law school hypotheticals for use in le... more This article contains an easy-to-follow guide for creating law school hypotheticals for use in legal writing, along with examples of hypotheticals. It addresses the method of creating hypotheticals from the perspective of the author, who has practiced law for twenty-five years, taught for twenty-five years, and created hypotheticals for ten years. Part I includes a ten-step checklist for legal writing hypotheticals in general. Part II addresses special considerations applicable to 1L students and discusses hypotheticals (with examples) for the first and second semesters. Part III addresses the advantages and disadvantages of using sample or model answers. Finally, while no problem is perfect, it definitely improves over time and with experience.
Are there cross-cultural differences in plagiarism? Is it helpful—let alone fair—to try to genera... more Are there cross-cultural differences in plagiarism? Is it helpful—let alone fair—to try to generalize attitudes toward plagiarism across cultures? Is this issue of relevance for learning institutions like law schools? And how do these issues intersect with the legal profession? My perspectives on these issues stem from 25 years of legal practice handling complex commercial disputes combined with over 20 years as a law school professor, first as an adjunct professor and now as a part of the legal writing department. The two perspectives—the practicing attorney view and the academic view—are not identical. This article addresses whether there are cross-cultural differences in plagiarism, as well as the different attitudes that prevail in the academic and professional worlds in five stages. Parts I, II, and III address differences that exist in views of plagiarism in the West as opposed to Asia, and Part IV addresses the response to those views, arguing that they are unfair and inaccur...
SSRN Electronic Journal, 2020
Covid-19 has impacted almost every facet of our lives, but has it impacted intellectual property ... more Covid-19 has impacted almost every facet of our lives, but has it impacted intellectual property rights? Possibly. This article explores the intersection between the work-made-for hire doctrine under the Copyright Act of 1976, agency theory, the updated Restatement (Third) of Agency, and our changing workforce in a post-Covid-19 world. Specifically, as of now, whether an employee was “in the scope of employment” at the time a work was created is evaluated, in part, by whether the work occurred “substantially within time and space limits.” But this test is derived from the Restatement (Second) of Agency, which has been amended, and the Restatement (Third) no longer includes this as a factor. On top of the changing Restatement, employment conditions for many in this country have also changed dramatically. Now, where home is not only where the heart is but where the office is, this raises complex issues about whether the test for scope of employment should change and discusses the implications of such a change.
SSRN Electronic Journal, 2020
The following work is a draft to be published in the Conn. L. Rev. Online (forthcoming May 2021).... more The following work is a draft to be published in the Conn. L. Rev. Online (forthcoming May 2021). Unfortunately, the truth is that law students are unhappy and can suffer from anxiety and depression at unusually high rates. Is there anything we, as professors, can do to help with that? While what transpires in the classroom is only a small piece of the puzzle that forms a student’s psychological well-being, the answer is we can do our part in the classroom to not only relieve student anxiety but improve learning in the process. After briefly examining the findings about the mental health of law students, this article reviews: (1) research on whether humor in the classroom can improve learning; (2) research on whether humor in the classroom can decrease student anxiety; (3) research on whether there are gender differences associated with the use of humor; and (4) research on whether there are cross-cultural differences in the perception and effectiveness of humor with a special focus on China.
SSRN Electronic Journal, 2021
COVID-19 has impacted almost every facet of our lives, but has it impacted intellectual property ... more COVID-19 has impacted almost every facet of our lives, but has it impacted intellectual property rights? Possibly. This article explores the intersection between the work-made-for-hire doctrine under the Copyright Act of 1976, agency theory, the updated Restatement (Third) of Agency, and our changing workforce in a post-COVID-19 world. Specifically, as of now, whether an employee was "in the scope of employment" at the time a work was created is evaluated, in part, by whether the work occurred "substantially within time and space limits." But this test is derived from the Restatement (Second) of Agency, which has been amended, and the Restatement (Third) no longer includes this as a factor. On top of the changing Restatement, employment conditions for many in this country have also changed dramatically. Now, where home is not only where the heart is but where the office is, this raises complex issues about whether the test for scope of employment should change and discusses the implications of such a change.
Do transitions really matter? Yes. This article explores the impact of transitions in legal writi... more Do transitions really matter? Yes. This article explores the impact of transitions in legal writing beyond simply improving flow and readability. First, with the help of cognitive psychologists and neuroscientists, the science behind transitions is addressed, because science shows that transitions increase comprehension and improve processing times. Second, the omnipresence and significance of transitions is addressed with the help of singer-songwriter Justin Timberlake and his song, “SexyBack” and comedian Brian Regan and his stand-up bit, “I Walked on the Moon.” Third, various types of transitions in legal writing are addressed with a special focus on the “magic of three” in persuasion in both legal writing and beyond.
This article contains an easy-to-follow guide for creating law school hypotheticals for use in le... more This article contains an easy-to-follow guide for creating law school hypotheticals for use in legal writing, along with examples of hypotheticals. It addresses the method of creating hypotheticals from the perspective of the author, who has practiced law for twenty-five years, taught for twenty-five years, and created hypotheticals for ten years. Part I includes a ten-step checklist for legal writing hypotheticals in general. Part II addresses special considerations applicable to 1L students and discusses hypotheticals (with examples) for the first and second semesters. Part III addresses the advantages and disadvantages of using sample or model answers. Finally, while no problem is perfect, it definitely improves over time and with experience.
Are there cross-cultural differences in plagiarism? Is it helpful—let alone fair—to try to genera... more Are there cross-cultural differences in plagiarism? Is it helpful—let alone fair—to try to generalize attitudes toward plagiarism across cultures? Is this issue of relevance for learning institutions like law schools? And how do these issues intersect with the legal profession? My perspectives on these issues stem from 25 years of legal practice handling complex commercial disputes combined with over 20 years as a law school professor, first as an adjunct professor and now as a part of the legal writing department. The two perspectives—the practicing attorney view and the academic view—are not identical. This article addresses whether there are cross-cultural differences in plagiarism, as well as the different attitudes that prevail in the academic and professional worlds in five stages. Parts I, II, and III address differences that exist in views of plagiarism in the West as opposed to Asia, and Part IV addresses the response to those views, arguing that they are unfair and inaccur...
SSRN Electronic Journal, 2020
Covid-19 has impacted almost every facet of our lives, but has it impacted intellectual property ... more Covid-19 has impacted almost every facet of our lives, but has it impacted intellectual property rights? Possibly. This article explores the intersection between the work-made-for hire doctrine under the Copyright Act of 1976, agency theory, the updated Restatement (Third) of Agency, and our changing workforce in a post-Covid-19 world. Specifically, as of now, whether an employee was “in the scope of employment” at the time a work was created is evaluated, in part, by whether the work occurred “substantially within time and space limits.” But this test is derived from the Restatement (Second) of Agency, which has been amended, and the Restatement (Third) no longer includes this as a factor. On top of the changing Restatement, employment conditions for many in this country have also changed dramatically. Now, where home is not only where the heart is but where the office is, this raises complex issues about whether the test for scope of employment should change and discusses the implications of such a change.
SSRN Electronic Journal, 2020
The following work is a draft to be published in the Conn. L. Rev. Online (forthcoming May 2021).... more The following work is a draft to be published in the Conn. L. Rev. Online (forthcoming May 2021). Unfortunately, the truth is that law students are unhappy and can suffer from anxiety and depression at unusually high rates. Is there anything we, as professors, can do to help with that? While what transpires in the classroom is only a small piece of the puzzle that forms a student’s psychological well-being, the answer is we can do our part in the classroom to not only relieve student anxiety but improve learning in the process. After briefly examining the findings about the mental health of law students, this article reviews: (1) research on whether humor in the classroom can improve learning; (2) research on whether humor in the classroom can decrease student anxiety; (3) research on whether there are gender differences associated with the use of humor; and (4) research on whether there are cross-cultural differences in the perception and effectiveness of humor with a special focus on China.
SSRN Electronic Journal, 2021