As empirical evidence of labor market concentration mounts, academics and policymakers have put forward a range of proposals to challenge or reverse its effects on workers' wages and labor market options. Prominent among these is more aggressive review of the labor market effects of mergers as...

In an era when administrative agency actions succeed or fail based on the thoroughness and rigor of their cost-benefit analyses and expertise, the 1940 statutory ban on hiring economists at the National Labor Relations Board (NLRB) is a shocking anachronism. The ban, accompanied by the Board's...

The rise of the contingent and gig economies and of outsourced and subcontracted work has left many workers with insufficient bargaining power to successfully negotiate collective bargaining agreements with their direct employers. This problem is exacerbated by a statutory ban on worker...

The United States is currently trying to manage a fast-moving public health crisis due to the coronavirus outbreak (COVID-19). The economic and financial ramifications of the outbreak are serious. This Working Paper discusses these ramifications and identifies three interrelated but potentially...

“Thin” markets are markets with few active participants on the buy- or sell-side, which reduces liquidity and the volume of sales. Thin markets are problematic for at least two reasons. First, lower liquidity makes efficient buyer-seller matches more challenging. And second, thin markets are...

Antitrust law regulates the consolidation and abuse of economic power. Its task is to ensure that market success is not rigged to favor undeserving winners against excluded competitors in ways that increase prices and reduce quality to consumers or reduce wages, benefits, and workplace quality...

After 9/11, Congress, federal agencies, and scholars exposed the devastating results of the national security agencies’ failure to coordinate. The financial crisis has been linked to similar coordination failures in the context of interagency banking regulation, with jurisdictional gaps and...

Declining worker power—and increasing employer power—has suppressed wage growth and increased inequality. This decline is reinforced by contradictions in law that strengthen employers’ bargaining leverage over workers. This Article exposes those contradictions, tracing how employers have...

Professor Lee Fennell’s groundbreaking SLICES AND LUMPS incisively reconceptualizes how the gig—or “slicing”—economy impacts the structuring of work. But it goes even further to alert us to how “delumping the working experience” can transform the infrastructure of work, from an...