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Full-Text Articles in Law

The Law & Economics Of Insurance, Daniel Schwarcz, Peter Siegelman Dec 2016

The Law & Economics Of Insurance, Daniel Schwarcz, Peter Siegelman

Peter Siegelman

An overview of the economics of insurance law.


An Economist Listens To Serial, Peter Siegelman Dec 2015

An Economist Listens To Serial, Peter Siegelman

Peter Siegelman

A very simple screening model applied to the popular Serial podcast.


Protecting The Compromised Worker: : A Challenge For Employment Discrimination Law, Peter Siegelman Dec 2015

Protecting The Compromised Worker: : A Challenge For Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …


Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman Dec 2014

Information & Equilibrium In Insurance Markets With Big Data, Peter Siegelman

Peter Siegelman

The presence of asymmetric information makes the behavior of insurance markets very difficult to predict. But I argue that the increasing use of Big Data by insurers will not result in forecasts of loss that are so accurate that they eliminate uncertainty, and with it, the possibility of insurance. Big Data techniques might lead to a “flip” in informational asymmetry, resulting in a situation in which insurers know more about their customers than the latter know about themselves. But the effects of such a development could actually be benign. Finally, the article considers the potential for Big (or at least, …


Insurance Agents In The Twenty-First Century: The Problem Of Biased Advice, Daniel Schwarcz, Peter Siegelman Dec 2014

Insurance Agents In The Twenty-First Century: The Problem Of Biased Advice, Daniel Schwarcz, Peter Siegelman

Peter Siegelman

No abstract provided.


The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman Dec 2014

The Compromised Worker And The Limits Of Employment Discrimination Law, Peter Siegelman

Peter Siegelman

Why do employment discrimination plaintiffs fare so poorly? Many explanations have been offered, but this essay suggests a new one: a substantial fraction of all plaintiffs are “compromised” workers, meaning that they have done something on the job that might plausibly justify the treatment about which they are complaining. As a matter of both doctrine and logic, compromised plaintiffs can be legitimate victims of discrimination. But they face substantial difficulties in proving that their employer relied on a prohibited characteristic in its treatment of them because, by definition, their behavior offers a plausibly legitimate explanation for their treatment. After demonstrating …


Insurance Law & Economics, Daniel Schwarcz, Peter Siegelman Dec 2014

Insurance Law & Economics, Daniel Schwarcz, Peter Siegelman

Peter Siegelman

No abstract provided.


You Want Insurance With That? Using Behavioral Economics To Protect Consumers From Add-On Insurance Products, Tom Baker, Peter Siegelman Dec 2013

You Want Insurance With That? Using Behavioral Economics To Protect Consumers From Add-On Insurance Products, Tom Baker, Peter Siegelman

Peter Siegelman

No abstract provided.


Behavioral Economics And Insurance Law: The Importance Of Equilibrium Analysis, Peter Siegelman, Tom Baker Dec 2013

Behavioral Economics And Insurance Law: The Importance Of Equilibrium Analysis, Peter Siegelman, Tom Baker

Peter Siegelman

No abstract provided.


The Law & Economics Of Liability Insurance, Tom Baker, Peter Siegelman Dec 2012

The Law & Economics Of Liability Insurance, Tom Baker, Peter Siegelman

Peter Siegelman

No abstract provided.


Testing For Adverse Selection In Insurance Markets, Alma Cohen, Peter Siegelman Dec 2009

Testing For Adverse Selection In Insurance Markets, Alma Cohen, Peter Siegelman

Peter Siegelman

This paper reviews and evaluates the empirical literature on adverse selection in insurance markets. We focus on empirical work that seeks to test the basic coverage–risk prediction of adverse selection theory—that is, that policyholders who purchase more insurance coverage tend to be riskier. The analysis of this body of work, we argue, indicates that whether such a correlation exists varies across insurance markets and pools of insurance policies. We discuss various reasons why a coverage–risk correlation may not be found in some pools of insurance policies. The presence of a coverage-risk correlation can be explained either by moral hazard or …


Tontines For The Invincibles, Tom Baker, Peter Siegelman Dec 2009

Tontines For The Invincibles, Tom Baker, Peter Siegelman

Peter Siegelman

No abstract provided.


Bribes Vs. Bombs: An Essay On Coasean Warfare, Gideon Parchomovsky, Peter Siegelman Dec 2008

Bribes Vs. Bombs: An Essay On Coasean Warfare, Gideon Parchomovsky, Peter Siegelman

Peter Siegelman

No abstract provided.


Wilfulness Vs Expectation: A Defense Of Wilful Breach Doctrine, Steve Thel, Peter Siegelman Dec 2008

Wilfulness Vs Expectation: A Defense Of Wilful Breach Doctrine, Steve Thel, Peter Siegelman

Peter Siegelman

No abstract provided.


Of Equal Rights And Half Wrongs, Gideon Parchomovsky, Peter Siegelman, Thel Steve Dec 2006

Of Equal Rights And Half Wrongs, Gideon Parchomovsky, Peter Siegelman, Thel Steve

Peter Siegelman

With a tiny handful of exceptions, common law jurisprudence is predicated on a "winner-take-all" principle: The plaintiff either gets the entire entitlement at issue or collects nothing at all. Cases that split an entitlement between the two parties are exceedingly rare. While there may be sound reasons for the all-or-nothing rule, in this Article we argue that there is a limited but important set of property, torts, and contracts cases in which an equal division of an entitlement should be adopted. The common element in these cases is a windfall-a gain or loss that occurs despite the fact that no …


The Evolution Of Employment Discrimination Law In The 1990s: An Empirical Examination, John Donohue, Peter Siegelman Dec 2004

The Evolution Of Employment Discrimination Law In The 1990s: An Empirical Examination, John Donohue, Peter Siegelman

Peter Siegelman

Two major pieces of employment discrimination legislation were passed in the early 1990s: the 1991 Civil Rights Act and Americans with Disabilities Act. Using some simple regression models, we examine the effects of this legislation on the volume, content and outcomes of employment discrimination cases filed in federal courts. We find, first, that the volume of discrimination cases nearly doubled between 1992 and 1997, in contrast to a 10 percent decline during the previous 8 years, and despite a sharply falling unemployment rate that–in the past–would have substantially reduced the amount of litigation. We also observe a significant shift in …


Adverse Selection In Insurance Markets: An Exaggerated Threat, Peter Siegelman Dec 2003

Adverse Selection In Insurance Markets: An Exaggerated Threat, Peter Siegelman

Peter Siegelman

No abstract provided.


Adverse Selection In Insurance Markets: An Exaggerated Threat, Peter Siegelman Dec 2003

Adverse Selection In Insurance Markets: An Exaggerated Threat, Peter Siegelman

Peter Siegelman

No abstract provided.


A New Old Look At Terrorism Insurance: Jack Hirshleifer’S War Damages Insurance After 50 Years [Essay On War Damages Insurance, By Jack Hirshleifer, 35 Rev. Econ. & Statist. 144 (1953)], Peter Siegelman Dec 2001

A New Old Look At Terrorism Insurance: Jack Hirshleifer’S War Damages Insurance After 50 Years [Essay On War Damages Insurance, By Jack Hirshleifer, 35 Rev. Econ. & Statist. 144 (1953)], Peter Siegelman

Peter Siegelman

No abstract provided.


James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman Dec 2001

James Heckman As A Law & Society Scholar: An Outsider’S Appreciation, Peter Siegelman

Peter Siegelman

No abstract provided.


Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman Dec 2001

Towards An Integrated Theory Of Intellectual Property, Gideon Parchomovsky, Peter Siegelman

Peter Siegelman

No abstract provided.


Race And Radio: Preference Externalities, Minority Ownership, And The Underprovision Of Programming To Black And Hispanic Listeners., Peter Siegelman, Joel Waldfogel Dec 2000

Race And Radio: Preference Externalities, Minority Ownership, And The Underprovision Of Programming To Black And Hispanic Listeners., Peter Siegelman, Joel Waldfogel

Peter Siegelman

No abstract provided.


The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Ian Ayres, Peter Siegelman Dec 1995

The Q-Word As Red Herring: Why Disparate Impact Liability Does Not Induce Hiring Quotas, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.


Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman Dec 1994

Race And Gender Discrimination In Bargaining For A New Car, Ian Ayres, Peter Siegelman

Peter Siegelman

No abstract provided.


Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman Dec 1993

Shaky Grounds: The Case Against The Case Against Antidiscrimination Laws [Review Essay On Richard Epstein, Forbidden Grounds], Peter Siegelman

Peter Siegelman

No abstract provided.


Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman Dec 1992

Law And Macroeconomics: Employment Discrimination Litigation Over The Business Cycle, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.


The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman Dec 1990

The Changing Nature Of Employment Discrimination Litigation, John Donohue, Peter Siegelman

Peter Siegelman

No abstract provided.