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Why Flexibility Matters: Inequality And Contract Pluralism, Jeremiah A. Ho
Why Flexibility Matters: Inequality And Contract Pluralism, Jeremiah A. Ho
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In the decade since the Great Recession, various contract scholars have observed that one reason the financial crisis was so “great” was due in part to contract law—or, more precisely, the failures of contract law for not curbing the risky lending practices in the American housing market. However, there is another reason why contracts made that recession so great: contracts furthered inequality. In recent years, when economic inequality has become a dominant national conversation topic, we can see development of that inequality in the Great Recession. And indeed, contract law was complicit. While contractual flexibility and innovation were available to …
Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick
Constitutional Limitations On Closing The Gender Gap In Employment, Marcia L. Mccormick
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Despite our country’s efforts to eliminate it, there remain pay and achievement gaps between men and women in the workplace. This article summarizes legal approaches to close the gap, constitutional developments that have slowed government’s power to address the inequality, worrisome trends in recent cases, and the implications of these. This article proposes a future of utilizing congress’s taxing power to address inequalities.