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Articles 1 - 8 of 8
Full-Text Articles in Law
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Constitutional Clash: Labor, Capital, And Democracy, Kate Andrias
Northwestern University Law Review
In the last few years, workers have engaged in organizing and strike activity at levels not seen in decades; state and local legislators have enacted innovative workplace and social welfare legislation; and the National Labor Relations Board has advanced ambitious new interpretations of its governing statute. Viewed collectively, these efforts—“labor’s” efforts for short—seek not only to redefine the contours of labor law. They also present an incipient challenge to our constitutional order. If realized, labor’s vision would extend democratic values, including freedom of speech and association, into the putatively private domain of the workplace. It would also support the Constitution’s …
Big Data Affirmative Action, Peter N. Salib
Big Data Affirmative Action, Peter N. Salib
Northwestern University Law Review
As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …
Independent Contractors In Law And In Fact: Evidence From U.S. Tax Returns, Eleanor Wilking
Independent Contractors In Law And In Fact: Evidence From U.S. Tax Returns, Eleanor Wilking
Northwestern University Law Review
Federal tax law divides workers into two categories depending on the degree of control exercised over them by the service purchaser (i.e., the firm): employees, who are subject to direct supervision; and independent contractors, who operate autonomously. Such worker classification determines the administration of income tax and what it subsidizes, as well as which nontax regulations pertain, such as workplace safety and antidiscrimination protections. The Internal Revenue Service and other federal agencies have codified common law agency doctrine into multifactor balancing tests used to legally distinguish employees from independent contractors. These tests have proved challenging to apply and costly to …
The Disaster Chain: Counter-Mapping Global Value Chains, Peer Zumbansen
The Disaster Chain: Counter-Mapping Global Value Chains, Peer Zumbansen
Northwestern Journal of International Law & Business
Abstract: Prevailing accounts by consultancies and logistics scholars present global value chains [GVCs] as an expression of contemporary international economic integration and connectivity. As such, they are considered crucial to the pursuit of economic growth and prosperity. At the same time, GVCs are deemed susceptible to “disruptions” through natural catastrophes, restrictive trade policies or pandemics. Left out of the standard narratives, even in light of the experience of the global Coronavirus pandemic, is the actual, as such disruptive impact of global value chain capitalism on human and natural lives. Dominant depictions of global value chain governance treat labor, environment and …
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
A Moral Contractual Approach To Labor Law Reform: A Template For Using Ethical Principles To Regulate Behavior Where Law Failed To Do So Effectively, Zev J. Eigen, David S. Sherwyn
Faculty Working Papers
If laws cease to work as they should or as intended, legislators and scholars propose new laws to replace or amend them. This paper posits an alternative—offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test-case for this proposal is labor law, because (1) labor law has not been amended for decades, (2) proposals to amend it have failed for political reasons, and are focused on union election win rates, and less on the election process itself, (3) it is an area of law already statutorily regulating parties' reciprocal contractual obligations, and (4) moral means …
Taxing Housework, Nancy Staudt
Taxing Housework, Nancy Staudt
Faculty Working Papers
This article examines the tax policy rationale for excluding non-market household labor from the tax base and argues that the conventional rationals no longer withstand scrutiny. The article goes on to argue that it is possible to include non-market household labor into the tax base, while at the same time avoiding the imposition of costs upon the (mostly) women who supply the labor. Moreover, and mort important, tax policy reform along these line would increase householder laborers' access to public retirement benefits and signal the important of the work to society generally.
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Thailand's Labor And Employment Law: Balancing The Demands Of A Newly Industrializing State, W. Gary Vause, Nikom Chandravithun
Northwestern Journal of International Law & Business
This article provides a comparative overview of Thailand's labor law, one of the principal considerations for prospective investors. The legal system is analyzed from the perspective of a U.S. investor; to provide a familiar frame of reference, comparisons are made throughout the analysis to labor law in the United States. Observations also are offered on the important extra-legal aspects of employment in Thailand, such as the implications of Thai culture for the employer-employee relationship.
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Turkey, The Eec And Labor Law: Is Harmonization Possible, Jon Viner
Northwestern Journal of International Law & Business
In 1987, after more than twenty years of economic association with the EC,' Turkey applied for full membership in the Community. When Turkey is admitted into the EC,9 its entry will be conditioned on the harmonization of its laws with those of the EC.10 The object of this paper is to examine the feasibility of Turkey accomplishing this task.