University of Toronto Faculty of Law
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NBER Working Papers and Publications
|March 2014||Trial and Settlement: A Study of High-Low Agreements|
with J.J. Prescott, Kathryn E. Spier: w19873
This paper presents the first systematic theoretical and empirical study of high-low agreements in civil litigation. A high-low agreement is a private contract that, if signed by litigants before the conclusion of a trial, constrains any plaintiff recovery to a specified range. Whereas existing work describes litigation as a choice between trial and settlement, our examination of high-low agreements--an increasingly popular phenomenon in civil litigation--introduces partial or incomplete settlements. In our theoretical model, trial is both costly and risky. When litigants have divergent subjective beliefs and are mutually optimistic about their trial prospects, cases may fail to settle. In these cases, high-low agreements can be in litigants' mutual interest because they limit the risk of ...
Published: J.J. Prescott & Kathryn E. Spier & Albert Yoon, 2014. "Trial and Settlement: A Study of High-Low Agreements," The Journal of Law and Economics, vol 57(3), pages 699-746.
|August 2008||Mismatch in Law School|
with Jesse Rothstein: w14275
An important criticism of race-based higher education admission preferences is that they may hurt minority students who attend more selective schools than they would in the absence of such preferences. We categorize the non-experimental research designs available for the study of so-called "mismatch" effects and evaluate the likely biases in each. We select two comparisons and use them to examine mismatch effects in law school. We find no evidence of mismatch effects on any students' employment outcomes or on the graduation or bar passage rates of black students with moderate or strong entering credentials. What evidence there is for mismatch comes from less-qualified black students who typically attend second- or third-tier schools. Many of these students would not have been admitted...
|Affirmative Action in Law School Admissions: What Do Racial Preferences Do?|
with Jesse Rothstein: w14276
The Supreme Court has held repeatedly that race-based preferences in public university admissions are constitutional. But debates over the wisdom of affirmative action continue. Opponents of these policies argue that preferences are detrimental to minority students -- that by placing these students in environments that are too competitive, affirmative action hurts their academic and career outcomes.
This article examines the so-called "mismatch" hypothesis in the context of law school admissions. We discuss the existing scholarship on mismatch, identifying methodological limitations of earlier attempts to measure the effects of affirmative action. Using a simpler, more robust analytical strategy, we find that the data are inconsistent with large mismatch effects, particularly with...
|June 2005||Evaluating the Role of Brown vs. Board of Education in School Equalization, Desegregation, and the Income of African Americans|
with Orley Ashenfelter, William J. Collins: w11394
In this paper we study the long-term labor market implications of school resource equalization before Brown and school desegregation after Brown. For cohorts born in the South in the 1920s and 1930s, we find that racial disparities in measurable school characteristics had a substantial influence on black males' earnings and educational attainment measured in 1970, albeit one that was smaller in the later cohorts. When we examine the income of male workers in 1990, we find that southern-born blacks who finished their schooling just before effective desegregation occurred in the South fared poorly compared to southern-born blacks who followed behind them in school by just a few years.
Published: Orley Ashenfelter & William J. Collins & Albert Yoon, 2006. "Evaluating the Role of Brown v. Board of Education in School Equalization, Desegregation, and the Income of African Americans," American Law and Economics Review, Oxford University Press, vol. 8(2), pages 213-248. citation courtesy of