Law Commons^™

Labor Market Regulation And Worker Power, Hiba Hafiz, Ioana Marinescu

University of Chicago Law Review

Due to a lack of competition among employers in the labor market, employers have monopsony power, or power to pay workers less than what the workers contribute to the employers’ bottom line. “Worker power” is workers’ ability to obtain higher wages and better working conditions. While the antitrust agencies have just begun developing policy and enforcement strategies to regulate employer monopsony, broader government policies that impact market forces, the formation of labor market institutions, and workers’ voices and exit options also play a defining role in shaping worker power relative to employers. For example, in addition to antitrust enforcement, worker …

Horizontal Collusion And Parallel Wage Setting In Labor Markets, Jonathan S. Masur, Eric A. Posner

University of Chicago Law Review

Horizontal collusion among employers to suppress wages has received almost no attention in the academic literature, in contrast with its more familiar cousin, product-market collusion. The similar economic analysis of labor and product markets might suggest that antitrust should regulate labor and product markets in the same way. But product markets and labor markets do not operate identically: people behave differently as employees and as consumers. Unlike consumers who can switch products relatively easily, employees face significant frictions in changing jobs. Other labor market frictions are created by the pay equity norm and downward nominal wage rigidity. These and related …

Restructuring American Antitrust Law: Institutionalist Economics And The Antitrust Labor Immunity, 1890–1940s, Laura Phillips-Sawyer

University of Chicago Law Review

Labor unions and their leaders were cast as the perennial antitrust defendants for the first fifty years of federal antitrust law, and this historic imbalance fostered a movement in economic scholarship and labor activism to restructure American antitrust law. The progressive liberal-institutionalist movement in economics played an important role in legitimizing trade unions by recasting them, not as anticompetitive cartels, but rather as a necessary corollary to the growing market power of industrial firms. Louis Brandeis, the litigator and future jurist, drew from institutionalists’ work to support antitrust reform. He argued that antitrust law was not necessarily anathema to the …

Introduction To The Symposium On Labor Market Power, Eric A. Posner

University of Chicago Law Review

Recent empirical work on labor markets reveals that they are beset by frictions, including high levels of concentration and frequent collusion, contrary to the traditional view of labor markets as being perfectly competitive.1 The implications of this work for law and policy have only begun to be explored. The University of Chicago Law Review convened a symposium to bring together scholars from various disciplines and with different subject matter expertise but with a common interest in understanding the regulation of labor markets in light of new empirical results. The papers delivered at the symposium have been published in this symposium …

Labor Market Concentration And Competition Policy Across The Atlantic, Satoshi Araki, Andrea Bassanini, Andrew Green, Luca Marcolin, Cristina Volpin

University of Chicago Law Review

Drawing upon data from the largest cross-country study of labor market concentration to date, this Essay analyzes the level of concentration of labor-input markets in Europe and North America and provides a comparative perspective on employers’ monopsony power. It explores the characteristics of monopsony in labor markets and documents its impact by looking at the magnitude of employer concentration in selected jurisdictions. Using a harmonized dataset of online vacancies, this Essay shows that European labor markets are no more competitive than North American ones. It also supports the view that the effects of concentration on labor markets are broadly similar …

Advance Care Planning Is Critical To Overall Wellbeing, Barbara Zabawa

Faculty Works

Wellness is growing market in the United States. McKinsey and Company estimates the spend on wellness products and services to exceed $450 billion in the United States and to grow at more than five percent annually.1 Despite this impressive growth, wellness products and services are falling short of meeting many consumers’ wellness needs.2 Those who feel least satisfied with what wellness has to offer yearn for a more holistic approach to wellness, with a need for more products and services that address sleep and mindfulness concerns.3 Arguably at the heart of these more holistic approaches, particularly those …

Carceral Socialization As Voter Suppression, Danieli Evans

Articles

In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …

Modalities Of Social Change Lawyering, Christine N. Cimini, Doug Smith

Articles

The last decade has seen the rise of new kinds of grassroots social movements. Movements including Occupy Wall Street, Black Lives Matter, Sunrise, and #MeToo pushed back against long-standing political, economic, and social crises, including income inequality, racial inequality, police violence, climate change, and the widespread culture of sexual abuse and harassment. As these social change efforts evolve, a growing body of scholarship has begun to theorize the role of lawyers within these new social movements and to identify lawyering characteristics that contribute to sustaining social movements over time. This Article surveys this body of literature and proposes a typology …

Citation, Slavery, And The Law As Choice: Thoughts On Bluebook Rule 10.7.1(D), David J.S. Ziff

Articles

Today, more than 150 years after the end of the Civil War, lawyers and judges continue to rely on antebellum decisions that tacitly or expressly approve of slavery. This reliance often occurs without any acknowledgement of the precedent’s immoral and legally dubious provenance. Modern use of these so-called “slave cases” was the subject of Professor Justin Simard’s 2020 article, Citing Slavery. In response to Professor Simard’s article, the latest edition of The Bluebook includes Rule 10.7.1(d), which requires authors to indicate parenthetically when a decision involves an enslaved person as a party or the property at issue. Unfortunately, Rule 10.7.1(d) …

No Sense Of Decency, Kathryn E. Miller

Washington Law Review

For nearly seventy years, the Court has assessed Eighth Amendment claims by evaluating “the evolving standards of decency that mark the progress of a maturing society.” In this Article, I examine the evolving standards of decency test, which has long been a punching bag for critics on both the right and the left. Criticism of the doctrine has been fierce but largely academic until recent years. Some fault the test for being too majoritarian, while others argue that it provides few constraints on the Justices’ discretion, permitting their personal predilections to rule the day. For many, the test is seen …

Fugitive Pull: Applying The Fugitive Disentitlement Doctrine To Foreign Defendants, Zachary Z. Schroeder

Washington Law Review

Defendants force courts to decide whether to use judicial time and resources to hear a case when they either flee or refuse to submit to jurisdiction. Judges in the United States possess an exceptional discretionary power to deny access to the courts in these circumstances through the fugitive disentitlement doctrine. The fugitive disentitlement doctrine developed as federal common law and permits courts to exercise discretion in declining to hear appeals or motions from defendants classified as fugitives from justice.

Historically, the fugitive disentitlement doctrine was intended to prevent courts from wasting resources adjudicating cases when a defendant has fled and …

Gone Fishing: Casting A Wide Net Using Geofence Warrants, Ryan Tursi

Washington Law Review

Technology companies across the country receive requests from law enforcement agencies for cell phone location information near the scenes of crimes. These requests rely on the traditional warrant process and are known as geofence warrants, or reverse location search warrants. By obtaining location information, law enforcement can identify potential suspects or persons of interest who were near the scene of a crime when they have no leads. But the use of this investigative technique is controversial, as it threatens to intrude upon the privacy of innocent bystanders who had the misfortune of being nearby when the crime took place. Innocent …

Editor's Foreword

The University of New Hampshire Law Review

No abstract provided.

Is Internet Voting Trustworthy? The Science And The Policy Battles

The University of New Hampshire Law Review

According to clear scientific consensus, no known technology can make internet voting secure. In some applications—such as e-pollbooks (voter sign-in), voter registration, and absentee ballot request—it is appropriate to use the internet, as the inherent insecurity can be mitigated by other means. But the insecurity of paperless transmission of a voted ballot through the internet cannot be mitigated.

The law recognizes this in several ways. Courts have enjoined the use of certain paperless or internet-connected voting systems. Federal law requires states to allow voters to use the internet to request absentee ballots but carefully stops short of internet ballot return …

A Renewed Analysis Of The Expedited Actions Rules In Texas Courts, Paula Hannaford-Agor, Lindsey Wylie, Miriam Hamilton, Brittany K. T. Kauffman, Logan Cornett, James Swearingen, Michael Houlberg, Jeffrey Tsunekawa, Michael Smith, Sheri Woodfin,

Faculty Publications

In October 2021, the Texas Office of Court Administration (OCA) and the National Center for State Courts (NCSC) returned to the question of whether the Expedited Action Rules (EARs) adopted in 2012 in Texas were continuing to have a positive impact on civil case processing. With new funding from the State Justice Institute (SJI), the NCSC, OCA, and the Institute for the Advancement of the American Legal System at the University of Denver, set out to replicate a 2016 study. Using the same research methods, the project team gathered data from the district and county courts in Dallas, Fort Bend, …

Solving The Valuation Challenge: The Ultra Method For Taxing Extreme Wealth, David Gamage, Brian Galle, Darien Shanske

Faculty Publications

Recent reporting based on leaked tax returns of the ultra-rich confirms what experts have long suspected: for the wealthiest Americans, paying taxes is mostly optional. Some of the country's richest have reported annual incomes that would be modest for a school teacher, even as the share of wealth held by the top .1% is at its highest in nearly a century.

Experts have long understood that one problem sits at the root cause of many of the tax system's failures to reach the very rich: valuation. Because it is difficult to appraise complex or unique assets, modern tax systems instead …

E-Museletter: March 2023, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Race, Religion, And National Identity Review Of Sahar Aziz, The Racial Muslim: When Racism Quashes Religious Freedom (Uc Press, 2022), Natsu Taylor Saito

UC Law Constitutional Quarterly

No abstract provided.

Biotech Patent Eligibility: Why We Care About Conventionality, Michael J. Moedritzer

The Business, Entrepreneurship & Tax Law Review

While the cfDNA advancements of CareDx hold significant promise and life saving potential in the field of molecular diagnostics, the Federal Circuit’s decision in CareDx, Inc. v. Natera, Inc. to invalidate the patent was justifiable. The court correctly held that these inventions were directed to a natural phenomena and combined conventional techniques. The foundation of the patent system does not motivate these federally funded academic innovations and risk unwarranted high healthcare costs. With the recent White House mandate requiring tax payer funded research to be publicly available, there is also less risk for the use of trade secrets in these …

Can A Homeowner Benefit Agreement Run With The Land To Bind Successors?, Maxwell Rubin

The Business, Entrepreneurship & Tax Law Review

Laws governing the enforceability of brokerage contracts are largely uniform and provide stable outcomes in the event of broker or client breach. Brokerage contracts reflect a hybrid of property and contract law principles that work to provide predictable

Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.

Ssrn’S Impact On Citations To Legal Scholarship And How To Maximize It, Rob Wiley, Melanie Kanpp

University of Arkansas at Little Rock Law Review

No abstract provided.

Civil Procedure—Dukes Commonality Standard—Factors That Courts Should Weigh In Employment Discrimination Class Actions—Wal-Mart Stores, Inc. V. Dukes, 564 U.S. 338 (2011), Anuj Teotia

University of Arkansas at Little Rock Law Review

No abstract provided.

Disability Law—From Stair Flights To Websites: An Argument For Amending The Americans With Disabilities Act To Include Title Vi That Applies To Online Spaces, Amelia Hensel

University of Arkansas at Little Rock Law Review

No abstract provided.

Employment Law—Dazed And Confused: Arkansas Employers And The Arkansas Medical Marijuana Amendment Of 2016, Austin Powell

University of Arkansas at Little Rock Law Review

No abstract provided.

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Masthead, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

The Heirs' Property Dilemma: How Stronger Federal Policies Can Help Narrow The Racial Wealth Gap, Kendall B. Bargeman

North Carolina Banking Institute

No abstract provided.

Regulate Now Or Pay Later: A Late Start On Regulating The Bnpl Industry Endangers Consumers, Morgan E. Johnson

North Carolina Banking Institute

No abstract provided.

What Is In Our Best Interest? Are Educational Digital Engagement Practices A Way To Avoid Pending Gamification Regulation, Caleb F. Boldt

North Carolina Banking Institute

No abstract provided.