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Labor and Employment Law

Selected Works

2015

Empirical legal studies

Articles 1 - 7 of 7

Full-Text Articles in Law

The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab Jun 2015

The Employment Consequences Of Wrongful-Discharge Laws: Large, Small, Or None At All?, David H. Autor, John J. Donahue Iii, Stewart J. Schwab

Stewart J Schwab

No abstract provided.


The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab Feb 2015

The Diversity Of Contingent Workers And The Need For Nuanced Policy, Stewart J. Schwab

Stewart J Schwab

The contingent work force is rising. Policymakers and analysts must respond. These are the central themes of Dr. Belous's paper m this symposium. Twenty-five to thirty percent—his current upper- and lower-bound estimates of the size of the contingent work force—are the basic statistics underpinning his call to arms. Dr. Belous includes in the contingent work force all workers who are temporary, part-time, self-employed, or in business services. The spread comes from different methods of handling double counting. The figures update similar estimates he published in 1989 in his well-known book, The Contingent Economy. Dr. Belous has done a great service …


Employment Discrimination, Stewart J. Schwab Feb 2015

Employment Discrimination, Stewart J. Schwab

Stewart J Schwab

This article first parses the multiple overlapping definitions of discrimination, including distinctions between group and individual discrimination and between segregation and discrimination in pay. The article then summarizes the major economic models of discrimination, particularly Becker’s taste-for-discrimination model and statistical-discrimination models, as well as sorting the status-production models. The discussion focuses on the conditions under which markets will tend to eliminate discrimination, noting that this occurs in a more limited range of situations than commonly recognized. The article next surveys the economic role of anti-discrimination laws, evaluating arguments that the law speeds the journey to a non-discriminatory equilibrium and that …


An Empirical Analysis Of Ceo Employment Contracts: What Do Top Executives Bargain For?, Stewart J. Schwab, Randall S. Thomas Feb 2015

An Empirical Analysis Of Ceo Employment Contracts: What Do Top Executives Bargain For?, Stewart J. Schwab, Randall S. Thomas

Stewart J Schwab

No abstract provided.


How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin M. Clermont, Theodore Eisenberg, Stewart J. Schwab Feb 2015

How Employment-Discrimination Plaintiffs Fare In The Federal Courts Of Appeals, Kevin M. Clermont, Theodore Eisenberg, Stewart J. Schwab

Stewart J Schwab

Employment-discrimination plaintiffs swim against the tide. Compared to the typical plaintiff, they win a lower proportion of cases during pretrial and after trial. Then, many of their successful cases are appealed. On appeal, they have a harder time in upholding their successes, as well in reversing adverse outcome. This tough story does not describe some tiny corner of the litigation world. Employment-discrimination cases constitute an increasing fraction of the federal civil docket, now reigning as the largest single category of cases at nearly 10 percent. In this article, we use official government data to describe the appellate phase of this …


Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas Feb 2015

Realigning Corporate Governance: Shareholder Activism By Labor Unions, Stewart J. Schwab, Randall S. Thomas

Stewart J Schwab

No abstract provided.


Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab Feb 2015

Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stewart J. Schwab

Stewart J Schwab

No abstract provided.