About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2016 Mich. St. L. Rev. 369 (2016)
Understanding Noncompetition Agreements: The 2014 Noncompete Survey Project

handle is hein.journals/mslr2016 and id is 370 raw text is: UNDERSTANDING NONCOMPETITION AGREEMENTS: THE 2014 NONCOMPETE SURVEY PROJECT J.J. Prescott,* Norman D. Bishara** & Evan Starr*** 2016 MICH. ST. L. REV. 369 ABSTRACT In recent years, scholars and policymakers have devoted considerable attention to the potential consequences of employment noncompetition agreements and to whether legislatures ought to reform the laws that govern the enforcement of these controversial contractual provisions. Unfortunately, much of this interest-and the content of proposed reforms-derives from anecdotal tales of burdensome noncompetes among low-wage workers and from scholarship that is either limited to slivers of the population (across all studies, less than 1o) or relies on strong assumptions about the incidence of noncompetition agreements. Better understanding of the use of noncompetes and effective noncompetition law reform requires a more complete picture of the frequency and distribution of * Professor of Law, University of Michigan Law School; Professor of Economics (courtesy), University of Michigan; jprescott@umich.edu ** Associate Professor of Business Law and Ethics, Stephen M. Ross School of Business at the University of Michigan; nbishara@umich.edu *** Assistant Professor, Robert H. Smith School of Business, University of Maryland; estarr@rhsmith.umd.edu The authors would like to thank the students, faculty and other participants of the Michigan State Law Review's Legal Quanta symposium, Michigan State University College of Law, held in October 2015. We also thank Alex Aggen, Russell Beck, Zev Eigen, Allan Hyde, Christine Jolls, Pauline Kim, Kurt Lavetti, Orly Lobel, W. Bentley MacLeod, Martin Malin, Matt Marx, Sarah Prescott, Margo Schlanger, Stewart Schwab, Jeffrey Smith, Isaac Sorkin, Kelsey Starr, and Matt Wiswall for their helpful comments in developing the survey we discuss in this Article. We are especially grateful to Charlie Brown and Rachel Arnow-Richman for considerably improving early versions of the survey instrument. We also thankfully acknowledge the research assistance of Michael Bloem, Emily Bowersox, Justin Frake, Daniel Halim, Eric Kim, Benjamin King, Mehdi Shakiba, Julie Siegel, Xiaoying Xie, and Stephanie Zable. Finally, we would like to recognize the generous support of the University of Michigan Law School, the William W. Cook Endowment of the University of Michigan, the Stephen M. Ross School of Business at the University of Michigan, and the Rackham Graduate School at the University of Michigan.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most