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Full-Text Articles in Law and Economics
Employees Versus Independent Contractors: Why States Should Not Enact Statutes That Target The Construction Industry, James Kwak
Faculty Articles and Papers
No abstract provided.
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Labor Law, The Left, And The Lure Of The Market, Michael Fischl
Faculty Articles and Papers
No abstract provided.
The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii
The Selection Of Employment Discrimination Disputes For Litigation: Using Business Cycle Effects To Test The Priest-Klein Hypothesis, Peter Siegelman, John J. Donohue Iii
Faculty Articles and Papers
Employment discrimination cases filed during recessions are more likely to settle after filing and less likely to be won by plaintiffs than those filed when the economy is strong. This model of litigation confirms two predictions of the Priest-Klein model of litigation. First, relatively weak cases (for either party) should be more likely to settle. Second, the party with the greater stake in litigation will have the higher win rate in adjudicated disputes; the special case of even stakes produces a 50 percent plaintiff win rate. The settlement process does not produce complete selection, however: the strong version of the …