This Comment examines Judge Papalia’s decision to suspend proceedings in the Chapter 11 corporate bankruptcy case In re Modell’s Sporting Goods, Inc. Controversially, this decision effectively postponed Modell’s commercial rent obligations during the COVID-19 economic shutdown. The Comment...

The theory of compensating wage differentials is generally accepted. It states that firms have to pay wage bonuses for hazardous work. However, there is as yet no strong or even contrary evidence for compensating wage differentials in Germany. By estimating wage regressions with data from the...

In this paper we compare - in the laboratory - stoppage and virtual strike. Our experiment confirms that higher wages offered by an employer lead to considerably more costly effort provision. The number of strikes, the level of efforts and average total payoffs are higher under virtual strike...

Arthur Linton Corbin famously remarked that courts, when deciding contract cases involving the defense of impossibility or impracticability of performance, should “pray for the wisdom of Solomon.” This is particularly true when the event causing non-performance is labor activity. This...

This essay commenced a Boston Review Forum featuring responses from Cynthia Estlund, Isabelle Ferreras, Janice Fine, Bill Fletcher Jr., Alicia Garza, Alex Gourevitch, Thomas A. Kochan, Sophia Z. Lee, Stephen Lerner, Staughton Lynd, Bob Master, and Andrea Dehlendorf with Dan Schlademan. Posted...

Implementation of workplace policies-whether through enforcement of laws or administration of programs-raises the question of the interaction between institutions created to carry out laws and the activities of workplace based agents that directly (e.g., unions) or indirectly (e.g., insurance...

Typically, workplace discrimination is approached from the perspective of a particular dimension (e.g., race or gender). This offers insight but also obscures important communality among different types of discrimination. We propose a construct of generalized workplace discrimination that...

Joseph Fishkin’s new book, Bottlenecks, reinvigorates the concept of equal opportunity by simultaneously engaging with its complications and attempting to simplify its ambitions. Fishkin describes bottlenecks as narrow spaces in the opportunity structure through which people must pass if they...

In our book, Law, Economics, and Morality (OUP, 2010), we proposed to combine economic methodology and deontological morality through explicit incorporation of moral constraints into economic models. We argued that the normative flaws of economic analysis can be rectified without relinquishing...