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43 Berkeley J. Emp. & Lab. L. 1 (2022)

handle is hein.journals/berkjemp43 and id is 1 raw text is: Berkeley Journal of Employment and Labor Law VOLUME 43 2022 NUMBER 1 ARTICLES The Brand Defense Hiba Hafiz? 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 exploited the consumer rights revolution to devise brand protections and defenses that justify their control over vertically disintegrated labor markets. The Article takes a systemic view of intellectual property, antitrust, and work law to uncover their interconnected protection of employers' brand rights at the expense of worker power. Based on the insights derived from this analysis, it proposes a suite ofdoctrinal and regulatory reforms to work law, antitrust doctrine, and trademark licensing, all as a means of defetishizing brand and reversing the trend of declining worker power. DOI: https://doi.org/10.15779/Z38B56D557. t Hiba Hafiz is an Assistant Professor of Law at Boston College Law School; Affiliate Fellow, Thurman Arnold Project, Yale University. The author is deeply grateful for comments and feedback from Atinuke Adediran, Rebecca Allensworth, Jonathan Baker, Molly Brady, Brian Callaci, Dale Collins, Madison Condon, Veena Dubal, Andrew Elmore, Jonathan Feingold, Catherine Fisk, Eleanor Fox, Charlotte Garden, Jim Gibson, Claudia Haupt, Jack Kirkwood, Steven Koh, Christopher Leslie, Joe Liu, Ioana Marinescu, Doug Melamed, Michael Meurer, John Newman, Okeoghene Odudu, Barak Orbach, Reena Parikh, Sanjukta Paul, Nancy Rose, Stephen Ross, Blaine Saito, Shayak Sarkar, David Seligman, Jessica Silbey, Ted Snyder, Daniel Sokol, Dean Spade, Sean Sullivan, Rebecca Tushnet, Abe Wickelgren, Ryan Williams, Fred Yen, Diego Zambrano, and faculty workshop participants at the Boston-Area Junior Faculty Roundtable, Boston College Law School, Boston University Law School Intellectual Property Workshop, Seattle University School of Law, and the University of Florida Summer Antitrust Workshop. 1

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