Cornell Law Review Volume 96 Issue 4

Splitting Logs: An Empirical Perspective on Employment Discrimination Settlements

Most cases settle, in employment discrimination litigation as elsewhere. Unfortunately, empirical knowledge of settlements remains limited. Data scarcity fuels untested perceptions and, all too frequently, misperceptions about how employment disputes are resolved. This Essay exploits a unique data set of successful settlements in the U.S. District Court for the Northern District of Illinois from 1999–2004 that includes for each […]

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Comment: About Not Knowing—Thoughts on Schwab and Heise’s Splitting Logs: An Empirical Perspective on Employment Discrimination Settlements

We know absurdly little about employment discrimination settlements.  Although there is much theory out there about equality and discrimination in the workplace, we suffer from a severe scarcity of reliable information about whether and to what extent antidiscrimination laws actually reduce discrimination and about the role of employment discrimination litigation.  There is even less information about employment discrimination settlements. These […]

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Law and Neoclassical Economic Development in Theory and Practice: Toward and Institutionalist Critique of Institutionalism

In his 1993 Nobel Laureate lecture, the leading theorist of institutional economics, Douglass North, emphasized the relevance of his life’s work for economic development policy. Twenty years prior, in his book with Robert Thomas entitled The Rise of the Western World, North had laid out the theoretical connection between institutional economics and development: economic growth could not occur without efficient […]

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Comment: Intellectual History as Legal Analysis

The world’s GDP per capita has grown significantly since World War II, but the distribution of wealth across countries has been extremely unequal.  As William J. Baumol first noted, two clusters formed: one around wealth and one around poverty.  The wealthy countries converged.  While a number of developing countries, most notably China and India, also seem to be on the […]

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Explanation in Legal Scholarship: The Inferential Structure of Doctrinal Legal Analysis

Consider a type of argument that is familiar in legal scholarship, such a commonplace in fact that its structure may lurk unnoticed in the background by the reader.  The argument proceeds like this: (1) Here is some legal doctrine or rule; (2) courts and scholars (or at least my rivals) tend to think that its point, rationale, purpose, or […]

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