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Full-Text Articles in Law
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Reimagining The Law Of Self-Employment: A Comparative Perspective, Jayesh Rathod, Michal Skapski
Articles in Law Reviews & Other Academic Journals
U.S. employment law has traditionally disfavored bright-line rules to distinguish between traditional “employees” and independent contractors, instead relying on more flexible criteria, to be applied on a case-by-case basis. This fluidity has enabled employers to structure these relationships – and the corresponding bundle of worker rights and benefits – in ways that serve their own material and normative interests. Indeed, recent employment law literature has noted a dramatic shift towards independent contracting and contingent worker schemes in the U.S., even when the actual workplace dynamics are more akin to an employer-employee relationship. These same trends are now visible on the …
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
The Ambition And Transformative Potential Of Progressive Property, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
The emerging progressive property school celebrates and finds its meaning in the social nature of property. Rejecting the idea that exclusion lies at the core of property law, progressive property scholars call for a reconsideration of the relationships owners and nonowners have with property and with each other. Despite these ambitions, progressive property scholarship has so far largely confined itself to questions of exclusion and access. This Essay argues that such an emphasis glosses over race-related acquisition and distribution problems that pervade American history and property law. The modest structural changes supported by progressive property scholars fail to account for …