Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Union Square 13
    Floor: Fourth Floor

    Periods and Workplace Policy

    Marcy Karin, UDC

    Menstrual management is an obstacle to full workplace equality and economic security. Menstruation happens at work, but workplaces are not universally set up to support workers needs to address their periods. For example, existing employment laws fail to require breaks, flexible scheduling, or access to sanitary spaces to apply menstrual products. Periods and blood also are stigmatized, gendered, and subject to religious, social, and other mythology. The corresponding shame and lack of menstrual education makes some workers susceptible to discrimination, intimidation, and harassment. This structural mismatch prevents people from properly managing periods at work. It also ignores the adverse employment decisions that are taken on the basis of menstruation or otherwise against menstruating individuals. Building on the 2010 federal law that created breastfeeding accommodations, this paper proposes a new menstrual management workplace protection law. This three-part proposal expands the menstrual equity movement and normalizes and destigmatizes menstrual management by: creating menstrual accommodations at work, including access to reasonable, job protected break time and safe products that allow people to menstruate at work in the way they want, without fear of retaliation or retribution; requiring access to clean water and sanitary facilities to address blood exposure; and covering menstruating individuals under existing discrimination laws.


    An Instance of Open Source Hardware Licensing

    Timothy Murphy, University of Idaho

    As open source software (OSS) has become more prevalent and more widely accepted, many different OSS licenses have proliferated to provide different licensing constructs for licensors and licensees. The most popular OSS license is the GNU Public License (GPL), which is protective of author rights and intended to foster an open software community. Because software source code and object code files are primarily protected by copyright, the options for license terms are relatively straightforward and well-known. To the extent patent rights become an issue, various additional provisions have been proposed to address that issue in the context of the overall, copyright-focused license.

    By contrast, open source hardware (OSH), a relatively new entrant to the open source arena, does not have a robust ecosystem of potential licenses. Because of the many different types of OSH and the different types of intellectual property that are applicable at each stage of the OSH development cycle, crafting a single license to govern all aspects of OSH has proven difficult.

    This article will first explore the technical environment for OSH and then explore the underlying principles and drivers of the open source community. Next, the applicability of different forms of intellectual property at each stage of the OSH design/productization cycle will be discussed along with the accompanying challenges presented by OSH. Finally, the article will review existing licenses before proposing a new licensing approach that focuses on permissive instantiations of OSH to address the deficiencies in existing licenses.  


Session Speakers
University of the District of Columbia, David A. Clarke School of Law
Works-in-Progress Presenter

University of Idaho College of Law
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.