Vol. 132 No. 2 Recent research indicates that labor market power has contributed to wage inequality and economic stagnation. Although the antitrust laws prohibit firms from restricting competition...
Vol. 121 No. 2 Constitutional and legislative restrictions on the timing of legislation
and regulation are ubiquitous, but these “timing rules” have received little
attention in the legal literature. Yet the timing of a law can be just
as important as its content. The timing of a law determines whether its
benefits are created sooner or later. This determines how the costs and
benefits are spread across time, and hence how they are distributed to
the advantage or disadvantage of different private groups, citizens, and
governmental officials. We argue that timing rules are, and should be,
used to reduce agency problems within the legislature and between the
legislature and the public, and to mitigate deliberative pathologies.