Unpublished Papers

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Labor Disputes in Professional Sports: How Federal Judges Referee Antitrust Lawsuits-- False Starts and Technical Fouls, ExpressO (2011)

Using a database of 83 published court opinions from 1970-2011, I show that players have...

 

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The Narcotic Effect of Antitrust Law in Professional Sports: How the Sherman Act Subverts Collective Bargaining, ExpressO (2011)

Using textual analysis and data from federal court opinions, I explore the relationship between collective...

 

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Are Arbitrators Above the Law? The "Manifest Disregard of the Law" Standard, ExpressO (2010)

Arbitration is supposed to be final and binding. But federal and state laws, and judicial...

 

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Do Partisan Elections of Judges Produce Unequal Justice? When Courts Review Employment Arbitrations, ExpressO (2009)

Partisan election of judges is a growing concern as large contributions pour into judicial elections....

 

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Crowning the New King: The Statutory Arbitrator and the Demise of Judicial Review, ExpressO (2008)

Judicial review of arbitration awards is highly deferential, but when does it become rubber stamping?...

 

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Do Courts Create Moral Hazard? When Judges Nullify Employer Liability in Arbitrations: An Empirical Analysis, ExpressO (2008)

State courts are creating conditions for moral hazard in the arbitration of employment disputes. The...

 

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MISGUIDED FAIRNESS? REGULATING ARBITRATION BY STATUTE: EMPIRICAL EVIDENCE OF DECLINING AWARD FINALITY, ExpressO (2007)

The Federal Arbitration Act (FAA) created a national policy that promotes arbitration. Congress passed this...

 

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HAPPILY NEVER AFTER: WHEN FINAL AND BINDING ARBITRATION HAS NO FAIRY TALE ENDING, ExpressO (2007)

We launched this empirical study 15 years after the Supreme Court decided Gilmer v. Interstate...

 

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Compulsory Labor in a National Emergency: Public Service or Involuntary Servitude? The Case of Crippled Ports, ExpressO (2006)

The 13th Amendment ban on involuntary servitude has new relevance as the U.S. grapples with...

 

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As the Enterprise Wheel Turns: New Evidence on the Finality of Labor Arbitration Awards, ExpressO (2006)

Our study examines 281 federal court decisions from April 2001- May 2006 that ruled on...