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Allan R. Tessler Dean and Professor of Law
Contributions to Books
"Affirmative Action in Higher Education over the Next Twenty-Five Years" (with S.D. O'Connor), in The Next Twenty-Five Years? Affirmative Action and Higher Education in the United States and South Africa 58-73 (Ann Arbor: University of Michigan Press; David L. Featherman, Martin Hall & Marvin Krislov, eds., 2010).
"The Cathedral at Twenty-Five:  Citations and Impressions," in Perspectives on Property Law (Robert C. Ellickson, Bruce A. Ackerman, and Carol M. Rose, eds. 3d ed. 2002). Reprinted/adapted from 106 Yale Law Journal 2121 (1997).
"Union Raids, Union Democracy, and the Market for Union Control," in The Internal Governance and Organizational Effectiveness of Trade Unions:  Essays in Honor of George Brooks Ch. 16 (S. Estreicher, Harry C. Katz, and Bruce E. Kaufman, eds. 2001), reprinted from 1992 University of Illinois Law Review 367.
"Employment Discrimination," in The Encyclopedia of Law and Economics Vol. 3 (Northampton, MA:  Edwin Elgar Publishing, Boudewijn Bouckaert & Gerrit De Geest, eds. 2000).
"Realigning Corporate Governance: Shareholder Activism by Labor Unions" (with Randall Thomas), in Employee Representation in the Emerging Workplace:  Alternatives/Supplements to Collective Bargaining (Samuel Estsreicher, ed. 1998); reprinted from 96 Michigan Law Review 1018 (1998).
"The Many Contingent Workers and the Need for Nuanced Policy," in Proceedings of New York University 49th Annual Conference on Labor Ch. 9 (Kluwer Law International, 1997).  Reprinted from 52 Washington & Lee Law Review 915 (1995).
"The Reality of Constitutional Tort Litigation," in Civil Rights Litigation and Attorney Fees Handbook (Jules Lobel and Barbara M. Wolvovitz, eds. 1987).  Preliminary, condensed version of 72 Cornell Law Review 641 (1987).
Articles
"Splitting Logs: An Empirical Perspective on Employment Discrimination Settlements," (with M. Heise) 96 Cornell Law Review 931 (2011).
"Employment Discrimination Plaintiffs in Federal Court: From Bad to Worse?" (with Kevin Clermont), 3 Harvard Law and Policy Review 103 (2009).
"The Costs of Wrongful-Discharge Laws" (with D. Autor and J. Donohue), 88 Review of Economics & Statistics 211 (2006); reprinted in Economics of Labor and Employment Law, (Cheltenham, UK ; Northhampton, Ma. : Edward Elgar Pub., John J. Donohue III, ed. 2007).
"An Empirical Analysis of CEO Employoment Contracts:  What Do Top Executive Bargain For?" (with Randall S. Thomas), 63 Washington & Lee Law Review 231-70 (2006).
"Judge-Jury Agreement in Criminal Cases:  A Partial Replication of Kalven and Zeisel's The American Jury" (with Theodore Eisenberg, Paula Hannaford-Agor, Nicole L. Mott, G. Thomas Munsterman, Valerie P. Hans, Martin T. Wells), 2 Journal of Empirical Legal Studies 171-206 (2005).
"What Do CEOs Bargain For? An Empirical Study of Key Legal Components of CEO Employment Contracts" (with Randall S. Thomas)(Posted April 15, 2004).
"How Employment Discrimination Plaintiffs Fare in Federal Court" (with Kevin M. Clermont), 1 Journal of Empirical Legal Studies 429-58 (2004).
Empirical Studies:  How Do Discrimination Cases Fare in Court?" (Proceedings of the 2003 Annual Meeting of the Association of American Law Schools, Section on Employment Discrimination, Panelist with Monique C. Lillard and Ruth Colker) 7 Employee Rights and Employment Policy Journal 533-545 (2004).
"How Employment-Discrimination Plaintiffs Fare in the Federal Courts of Appeals" (with Kevin M. Clermont and Theodore Eisenberg), 7 Employee Rights and Empoyment Policy Journal 547-67 (2004).
"Reasonable Accommodation of Workplace Disabilities" (with Steven L. Willborn),  44 William & Mary Law Review 1197-284 (2003).
"Studying Labor Law and Human Resources in Rhode Island," 7 Roger Williams University Law Review 383-98 (2002).
"Megafirms" (with Randall S. Thomas and Robert G. Hansen), 80 North Carolina Law Review 115-98 (2001). Reprinted in 44 Corporate Practice Commentator 31(2002).
"Predicting the Future of Employment Law: Reflecting or Refracting Market Forces?,"  76 Indiana Law Journal 29-48 (2001).
"The Sweep of Sexual Harassment Cases" (with Ann Juliano), 86 Cornell Law Review 548-602 (2001).
"Employment Discrimination," Rivista Italiana Di Diritto Del Lavoro (March 2000).
"The Employment Contract" (with Ian Ayres), 8 Kansas Journal of Law and Public Policy 71-89 (1999).
"Panel Discussion of The Excuse Factory," 8 Kansas Journal of Law and Public Policy 53-61 (1999).
"Realigning Corporate Governance: Shareholder Activism by Labor Unions" (with Randall S. Thomas), 96 Michigan Law Review 1018-94 (1998).
"The Cathedral at Twenty-Five: Citations and Impressions" (with James E. Krier), 106 Yale Law Journal 2121 (1997).
"Limited-Domain Positivism as an Empirical Proposition," 82 Cornell Law Review 1111 (1997).
"Wrongful Discharge Law and the Search for Third-Party Effects," 74 Texas Law Review 1943-78 (1996).
"The Diversity of Contingent Workers and the Need for Nuanced Policy," 52 Washington and Lee Law Review 915-33 (1995).
"Politics and The Judiciary: The Influence of Judicial Background on Case Outcomes" (with Orley Ashenfelter and Theodore Eisenberg), 24 Journal of Legal Studies 257-81 (1995).
"Property Rules and Liability Rules: The Cathedral in Another Light" (with James E. Krier), 70 New York University Law Review 440-83 (1995).
"Life-Cycle Justice: Accommodating Just Cause and Employment At Will," 92 Michigan Law Review 8-62 (1993).
"Coase's Twin Towers: The Relation Between The Nature of the Firm and The Problem of Social Cost," 18 Journal of Corporation Law 359-70 (1993).
"Union Raids, Union Democracy, and the Market for Union Control," 1992 University of Illinois Law Review 367-416 (1992).
"Coase, Rents, and Opportunity Costs," 38 Wayne Law Review 55-74 (1991).
"What Shapes Perceptions of the Federal Court System?" (with Theodore Eisenberg), 56 University of Chicago Law Review 501-39 (1989).
"A Coasean Experiment on Contract Presumptions," 17 The Journal of Legal Studies 237-68 (1988).
"Explaining Constitutional Tort Litigation: The Influence of the Attorney Fees Statute and the Government as Defendant" (with Theodore Eisenberg), 73 Cornell Law Review 719-84 (1988).
"The Importance of Section 1981" (with Theodore Eisenberg), 73 Cornell Law Review 596-604 (1988).
"The Reality of Constitutional Tort Litigation" (with Theodore Eisenberg), 72 Cornell Law Review 641-95 (1987).
"Collective Bargaining and the Coase Theorem," 72 Cornell Law Review 245-87 (1987).
"Is Statistical Discrimination Efficient?" 76 American Economic Review 228-37 (1986).
Book Reviews
"Coase Defends Coase: Why Lawyers Listen and Economists Do Not," 87 Michigan Law Review 1171-98 (1989) (Review of Ronald Coase, The Firm, The Market, and The Law).
Review of Richard Epstein & Jeffrey Paul, eds., Labor Law and the Employment Market: Foundations and Applications, 40 Industrial & Labor Relations Review 292 (January 1987).
Review of James Hunt, The Law of the Workplace: Rights of Employers and Employees, 39 Industrial & Labor Relations Review 452 (April 1986).
Review of A. Mitchell Polinsky, An Introduction to Law and Economics, 35 Journal of Legal Education 142 (March 1985).