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Articles 1 - 7 of 7

Full-Text Articles in Law

Big Data Affirmative Action, Peter N. Salib Nov 2022

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 Nov 2022

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 Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart Oct 2022

The Connick/Garcetti Split: Is Public Employee Association A Matter Of Public Concern?, Austin J. Wishart

University of Cincinnati Law Review

No abstract provided.


Negotiation And Alternative Dispute Lhr 546, Andrée J. Rathemacher May 2022

Negotiation And Alternative Dispute Lhr 546, Andrée J. Rathemacher

Library Impact Statements

No abstract provided.


Seminar In Labor And Employment Law Lhr 532, Andrée J. Rathemacher May 2022

Seminar In Labor And Employment Law Lhr 532, Andrée J. Rathemacher

Library Impact Statements

No abstract provided.


The Disaster Chain: Counter-Mapping Global Value Chains, Peer Zumbansen Jan 2022

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 …


New Copyright Stories: Clearing The Way For Fair Wages And Equitable Working Conditions In American Theater And Other Creative Industries, Jessica Silbey Jan 2022

New Copyright Stories: Clearing The Way For Fair Wages And Equitable Working Conditions In American Theater And Other Creative Industries, Jessica Silbey

Faculty Scholarship

We need some new intellectual property stories. By stories, I don’t mean entertaining fictions. I mean instead accounts or explanations that make sense of the world as it is lived by everyday people. Most of our relevant intellectual property laws were forged in the mid-twentieth century and have failed to keep pace with the transformations in creative and innovative practices of the twentyfirst. Being out-of-sync or failing to recognize broader existing stakeholders means laws are poorly aligned with on-the-ground realities and are out-of-touch with values and interests of the people laws serve. The Article at the center of this Symposium …