Statutory interpretation - Census Act - special D.C. District Court panel holds that statistical sampling cannot be used for congressional apportionment - United States House of Representatives v. United States Department of Commerce

Article Abstract:

The U.S. District of Columbia District Court in United States House of Representatives v. United States Department of Commerce held that the Census Act was violated by the use of limited statistical sampling derived from the US 2000 census for the purpose of congressional apportionment. The court's use of statutory interpretation rather than constitutional interpretation to address the issue resulted in its faulty decision. Disallowing the only means available to conduct the census resulted in the court's effective disregard of the constitutional mandate to assess every 10 years an actual enumeration of the population.

United States, Standards, Usage, Statistical sampling, Sampling (Statistics), Census, Censuses, Apportionment (Election law)

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Copyright - Visual Artists Rights Act - Second Circuit holds sculpture to be unprotected "work for hire." - Carter v. Helmsley-Spear, Inc., 71 F.3d 77 (2d Cir. 1995), petition for cert. filed, 64 U.S.L.W. 2371 (US Feb. 29, 1996)(No. 95-1400)

Article Abstract:

The US Court of Appeals for the Second Circuit's misapplication of the works for hire doctrine of copyright law to the Visual Artists Rights Act of 1990 (VARA) systematically undervalued the moral rights that the VARA was designed to protect. The Court focused on economic issues in finding that the three artists commissioned to create an installation for an office building were employees and not independent contractors. The Court acknowledged that the sculptors were given complete artistic freedom but was unwilling to consider that freedom as a factor supporting independent contractor status.

Cases, Laws, regulations and rules, Copyright, Copyrights, Artists, Sculpture, Works made for hire doctrine (Copyright)

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