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53 Colum. J.L. & Soc. Probs. [i] (2019-2020)

handle is hein.journals/collsp53 and id is 1 raw text is: 


                  SOCIAL PROBLEMS
 Volume 53                        Number 1                           Fall 2019
        Copyright C 2019 by the Columbia Journal of Law and Social Problems, Inc.

   M A R K ETS  ............................................................................................  1
   While the Department of Justice (DOJ) traditionally reviews mergers solely in terms of
   their impacts of prices for consumers, the antitrust laws were enacted to deal with
   broader socio-political problems like industrial concentration as well as prices. A new
   line of research on labor market concentration suggests an additional area of concern for
   antitrust law, noting that even as mergers decrease prices, they can increase labor
   market concentration, keeping wages low for employees of merging companies.

   This Note analyzes a merger through the lens of its predicted impact on wages, rather
   than prices. Part II lays out the evolution of antitrust law and merger review from its
   early multifaceted socio-political focus to its current narrow economic angle. Part III then
   questions whether the price-focused consumer welfare standard is as complete as it
   appears to be. Next, Part IV reviews the literature on labor market concentration and
   demonstrates how the tools that measure concentration in the product market can easily
   do the same in the labor market. Part V conducts a retrospective empirical analysis of a
   past merger, assessing whether it would have passed DOJ muster had the agency
   considered its effect on wages. Finally, Part VI suggests possible changes to the merger
   review process in light of the research and case study.

 INTEGRATION WITHOUT DISPLACEMENT ............................ 43
   In 2017, New Jersey's largest municipality, Newark, made history when its city council
   passed an inclusionary zoning ordinance requiring, in part, that at least twenty percent
   of new residential projects be set aside for moderate- and low-income households.
   Acknowledging the surge of development moving down along New Jersey's Gold Coast,
   policymakers brought forth this legislation to ensure that, as Newark inevitably
   redevelops into a more economically prosperous urban center, the city concurrently
   provide a realistic opportunity to generate affordable housing. By placing affordability at
   the forefront of its concerns, Newark has thus demonstrated its commitment to equitable
   growth, but this Note principally argues that in isolation, the inclusionary zoning
   ordinance is more symbolic than it is effective upon analyzing its terms. Therefore, while
   a mandatory, city-wide inclusionary zoning program is a necessary first step, true
   integration in redeveloping cities can only be realized by enacting a combination of anti-
   displacement and equitable growth regulations tailored to the particular needs of its

   Part II of this Note begins by briefly tracing the post-World War II shift in housing
   preferences from cities to emerging suburbs before discussing the use of so-called
   exclusionary zoning to keep out the urban poor. It is within this context that Part II also
   discusses the progressive Mount Laurel doctrine, calling attention to the New Jersey
   Supreme Court's limited success in dismantling socioeconomic segregation in its suburbs.
   Mindful of these limitations, Part III then analyzes the efficacy of land use regulations as
   implemented within the context of urban revitalization. This analysis is conducted
   through the lens of Newark's inclusionary zoning ordinance, and argues that although
   such a tool is necessary at the outset of redevelopment, as presently constructed, the law
   will not be able to sufficiently protect its most at-risk residents or meaningfully add to
   the city's shrinking affordable housing inventory. This Note concludes in Part IV by
   highlighting other equitable growth policies, land use regulations, and legislative reform
   that can act in conjunction with inclusionary zoning ordinances to better address the
   affordability crisis and promote dynamic and diverse interactions between both present
   and future city residents.

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