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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.

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