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    Unraveling

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    Northwestern Law School: July 2010 News Release

    "CHICAGO --- Northwestern University School of Law and

    the global law firm Jones Day announced today July 26that the firm will conduct its on-campus interviews for2011 summer associates in September instead of duringthe law school's official on-campus interviewing (OCI)program, which begins Aug. 11. In a move benefiting bothstudents and law firms, Jones Day will conduct interviewson behalf of its 14 U.S. offices on Monday, Sept. 13.

    "Jones Day joins Northwestern Law in the belief that the

    current recruitment system has created a competitive raceamong law schools and law firms to conduct on-campusinterviews earlier. The result is an inefficient system thatdoes not serve employers or student applicants well,

    according to the law school and law firm. 2

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    Whats going on?

    The announcement refers to the 2010interviewing and hiring of summerassociatesfor the summer of 2011, after

    they will have finished only their secondyear of law school. That is, the competitionto find employment and employees for the

    summer after the second year of lawschool has now moved a year in advance,to the summer after the first year.

    3

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    Why are summer hiresimportant?

    Because at the biggest law firms, much ofthe hiring of full time associates, who jointhe firm after the completion of their third

    year of law school, has unraveled into thesummer associate market; i.e. thecompetition for summer associates is

    fierce because summer associates largelybecome full time employees.

    4

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    Why might this possibly beinefficient?

    One reason, made clear by the recent economiccrisis (which reduced corporate demand foroutside legal services) is that hiring more than a

    year before the start of employment makes itdifficult for law firms to forecast their demand.Thousands of summer associates at large firmswho accepted permanent offers shortly after

    their second year summer associateships inAugust 2008 (for permanent jobs in 2009), hadthem rescinded or deferred.

    5

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    Stages and transitions observed in various other marketswith timing problems

    Stage 1: UNRAVELING

    Offers are early dispersed in

    time exploding

    Stage 2: UNIFORM DATES

    ENFORCED

    Deadlines, congestion

    Stage 3:

    CENTRALIZED MARKET

    CLEARING PROCEDURES

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    Roth, A.E. and X. Xing, "Jumping the Gun: Imperfectionsand Institutions Related to the Timing of MarketTransactions,"American Economic Review, 84,

    September, 1994, 992-1044. American and British Doctors Federal Court Clerkships

    American Law Firms

    Postseason college football bowls

    Business School Markets: New MBA's and Marketing Professors

    Japanese University Graduates

    Clinical Psychology Internships

    Fraternities and Sororities

    Canadian Lawyers Athletes

    Marriage

    Academic markets for mathematicians, biologists, and chemists

    Medieval and Modern Commodity Markets7

    http://kuznets.fas.harvard.edu/~aroth/papers/RothAndXing1994.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/RothAndXing1994.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/RothAndXing1994.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/RothAndXing1994.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/RothAndXing1994.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/RothAndXing1994.pdf
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    Unraveling (Roth and Xing 94)

    Stage 1begins when the market comes into being (e.g. when a few

    hospitals begin offering internships, or when federal court clerkships arecreated by legislation) and the relatively few transactions are made withoutovert timing problems. By the middle of stage 1 the market has grown, andsome appointments are being made rather early, with some participantsfinding that they don't have as wide a range of choices as they would like--students have to decide whether to accept early job offers or take a chanceand wait for better jobs, and some employers find that not all of the students

    they are interested in are available by the time they get around to makingoffers. The trade journals start to be full of exhortations urging employers towait until the traditional time to make offers, or at least not to make themany earlier next year than this year. Towards the end of stage 1, the rate ofunraveling accelerates, until sometimes quite suddenly offers are beingmade so early that there are serious difficulties distinguishing among thecandidates. There is no uniform time for offers to be made nor is there acustomary duration for them to be left open, so participants find themselvesfacing unnaturally thin markets, and on both sides of the market a variety ofstrategic behaviors emerge, many of which are regarded as unethicalpractices. Various organizations concerned with the market may haveproposed guidelines intended to regulate it, without notable success. Asstage 1 ends, influential market participants are engaged in a vigorousdebate about what can and should be done. From beginning to end, stage 1may have covered a period of more than fifty years, or fewer than ten.

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    Causes and cures of unraveling

    Unraveling is one of the kinds of market failurethat has often been corrected with appropriateclearinghouse design. But theres still a lot that

    we dont understand about its causes.

    Unraveling results from massively multiplecauses: you can only use time strategically intwo directions (earlier and later), so there isgoing to be more than one reason to go early.

    Avoiding congestion is one reason; early hiringmay even be efficiency enhancing if there isnt

    enough time to hire at an otherwise desirable latetime. (This is one attraction of clearinghouses.)

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    Forestalling: unraveling in

    Medieval markets

    "Thus at Norwich no one might forestallprovisions by buying, or paying 'earnest money'for them before the Cathedral bell had rung for

    the mass of the Blessed Virgin; at Berwick-on-Tweed no one was to buy salmon betweensunset and sunrise, or wool and hides except atthe market-cross between 9 and 12; and at

    Salisbury persons bringing victuals into the citywere not to sell them before broad day.

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    Unraveling in Space "Besides injury through mere proximity, and anticipation in

    time, there might be damage due to interception of traffic... "In 1233 Eve de Braose complained that Richard fitz- Stephen

    had raised a market at Dartmouth to the injury of hers atTotnes, as ships which ought to come to Totnes were stoppedat Dartmouth and paid customs there. No decision wasreached, and eight years later Eve's husband, William de

    Cantelupe, brought a similar suit against Richard's sonGilbert. The latter pleaded that his market was on Wednesdayand that at Totnes on Saturday; but the jury said that themarket at Dartmouth was to the injury of Totnes, becauseDartmouth lies between it and the sea, so that ships touchedthere and paid toll instead of going to Totnes; and also that

    cattle and sheep which used to be taken to Totnes marketwere now sold at Dartmouth; the market at Dartmouth wastherefore disallowed.

    Both quotes: Salzman, as quoted in Roth and Xing (1994)

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    Market Failure by Unraveling, in Medicine,Football, Gastroenterology, Law, and in the Lab

    Kagel, John H. and A.E. Roth, "The dynamics of reorganization in matchingmarkets: A laboratory experiment motivated by a natural experiment,"Quarterly Journal of Economics, February, 2000, 201-235.

    Frchette, Guillaume, Alvin E. Roth, and M. Utku nver,"Unraveling YieldsInefficient Matchings: Evidence from Post-Season College Football Bowls,Rand Journal of Economics, Winter 2007, 967-982.

    Niederle, Muriel and Alvin E. Roth, "Unraveling reduces mobility in a labormarket: Gastroenterology with and without a centralized match," Journal ofPolitical Economy, 111, 6, December 2003, 1342-1352.

    Avery, Christopher, Christine Jolls, RichardA. Posner, and Alvin E. Roth, "TheMarket for Federal Judicial Law Clerks" , University of Chicago Law

    Review, 68, 3, Summer, 2001, 793-902.Haruvy, Ernan, Alvin E. Roth, and M. Utku nver, The Dynamics of Law ClerkMatching: An Experimental and Computational Investigation of Proposalsfor Reform of the Market, Journal of Economic Dynamics and Control, 30,3 , March 2006, Pages 457-486.

    Avery, Christopher, Christine Jolls, Richard A. Posner, and Alvin E. Roth, "TheNew Market for Federal Judicial Law Clerks, University of Chicago LawReview, 74, Spring 2007, 447-486.

    Niederle, Muriel, and Alvin E. Roth, "Market Culture: How Rules GoverningExploding Offers Affect Market Performance,"American Economic Journal:Microeconomics, 1, 2, 2009, 199-219.

    Niederle, Muriel, Alvin E. Roth, and M. Utku Unver, Unraveling Results fromComparableDemand and Supply: An Experimental Investigation, May, 2009.

    Roth, Alvin E, "Marketplace institutions related to the timing of transactions, andreply to Priest (2010)" October, 2010. (Here is the shorter version that isforthcoming in Journal of Labor Economics, maybe in April 2012)

    http://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/MarketCultureForthcoming.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/MarketCultureForthcoming.pdfhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20and%20unraveling%20of%20markets.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20and%20unraveling%20of%20markets.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20JOLE%20format.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20JOLE%20format.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20JOLE%20format.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20JOLE%20format.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20and%20unraveling%20of%20markets.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Timing%20of%20transactions%20and%20unraveling%20of%20markets.pdfhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1407246http://kuznets.fas.harvard.edu/~aroth/papers/MarketCultureForthcoming.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/MarketCultureForthcoming.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://lawreview.uchicago.edu/issues/archive/v74/74_2/11.AJPR.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/HaruvyRothUnver.JEDC2006.pdfhttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://papers.ssrn.com/sol3/papers.cfm?abstract_id=263988&CFID=647316&CFTOKEN=89632207http://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/unravelingcausesinefficiency.footballbowls.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/KagelRoth.QJE2000.pdf
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    Organizations concerned with the timing of when offers are made,accepted, rejected

    Council of Graduate Schools (CGS): graduate admissions, National Association for College Admission Counseling (NCAC):

    undergraduate admissions, (early action, early decision) National Resident Matching Program (NRMP): entry level medical

    residencies, (also Canadian Resident Matching ServiceCaRMSandvarious regional matches in Britain)

    Specialty Matching Services (SMS): advanced medical residencies andfellowships,

    Association of Psychology Postdoctoral and Internship Centers (APPIC):clinical psychology positions, National Association for Law Placement (NALP) for positions in law firms, Judicial Conference of the United States and various ad hoc committees

    of judges for federal judicial clerkships, Provincial Law Societies in Canada.

    National Association of Colleges and Employers (NACE) for US collegeundergraduates, NCAA: formerly for postseason college football bowls, now regulated by

    the Bowl Championship series (BCS), NCAA for recruitment of college athletes, and various drafts National Panhellenic Conference for sorority matching

    The Japan Federation of Employers Associations (Nikkeiren) for Japaneseuniversity graduates

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    1990 College Football Bowl Games: Ratings

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    Probability of top 2 teams endingthe season as top 2 in AP Poll

    1 Week Prior 2 Weeks Prior 3 Weeks Prior 4 Weeks Prior

    Probability .690 .586 .310 .345Standard Error .086 .091 .086 .088

    Number of Obs. 29 29 29 29

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    Summary of College Bowl arrangements after the NCAAabandoned its attempt to control the market after 1991

    Rose Bowl Fiesta Bowl Orange Bowl Sugar Bowl Cotton Bowl

    Starting Year 1902 1971 1935 1934 1937

    First

    Team

    Since 1947 -Champion of

    Big TenConference

    Until 1978Champion of

    WesternConferenceStarting 1978

    At Large

    Team

    Champion ofBig Eight

    (Twelve)Conference

    Champion ofSoutheastern

    Conference

    Champion ofSouthwest

    Conference

    Matchups prior to

    Bowl Coalition

    Era

    ( - 1992)

    Second

    Team

    Since 1947 -Champion of

    Pacific Ten

    (Coast orEight

    previously)

    Conference

    At LargeTeam

    At LargeTeam

    At Large Team At Large Team

    BC

    Bowl?

    No Yes Yes Yes Yes

    First

    Team

    Champion ofBig Ten

    Conference

    At LargeTeam possibly

    to create 12matchup

    Champion ofBig Eight

    (Twelve)Conference

    Champion ofSoutheastern

    Conference

    Champion ofSouthwest

    Conference

    Matchups in Bowl

    Coalition Era(1992-1994)

    Second

    Team

    Champion of

    Pacific TenConference

    At Large

    Team possiblyto create 12

    At Large

    Team possiblyto create 12

    At Large Team

    possibly tocreate 12

    At Large Team

    possibly tocreate 12

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    BA

    Bowl?

    No Yes Yes Yes No

    First

    Team

    Champion of

    Big TenConference

    First Team from

    BigTwelveConference notgoing to BABowls

    Matchups in Bowl

    Alliance Era

    (1995-1997)

    Second

    Team

    Champion ofPacific TenConference

    2 At Large Teams, ACC, Big East, BigTwelve,

    Southeastern conference championspossibly to create 1-2 matchup in one of thesebowl games

    A team fromPacific Ten orWesternConferences out

    of BA BowlsBCS

    Bowl?

    Yes Yes Yes Yes No

    First

    Team

    First team fromBigTwelveConference outof BCS Bowls

    Matchups in Bowl

    Championship

    Series Era

    (1998-)

    Second

    Team

    ACC, Big East, Big Twelve, Big Ten, Pacifi c Ten,

    Southeastern conf erence champions, up to 2 highly ranked

    other conference or at large teams (with Notre Dame having

    priori ty) always to create always 1-2 matchup in BCS rank ings

    in one of these bowl games A comparable

    team fromSoutheasternConference

    During this time the membership of the variousconferences also changed, and a number of

    independents joined conferences.

    d i d h ffi i f h k

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    and increased the efficiency of the market:

    Average Normalized Nielsen Ratings in BCS Bowls

    BC

    BC

    BC

    BABA

    BA

    BCSBCS

    BCS

    BCS

    BCSBCS

    BCS

    BCS

    2

    6

    8

    10

    12

    AverageRegularS

    easonRatings

    2

    6

    8

    10

    12

    1985 1992 1995 1998 2005Year

    Average minus Regular Coalition Regular

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    How do clearinghouses helpstop unraveling?

    They can establish a thick market at anefficient time.

    Weve conjectured that stability plays a

    role in helping them do this successfully.

    19

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    Priority matching (an unstable system)

    Edinburgh, 1967 No longer in use

    Birmingham 1966, 1971, 1978 " " " "

    Newcastle 1970's " " " "

    Sheffield 196x " " " "

    In a priority matching algorithm, a 'priority' is defined for eachfirm-worker pair as a function of their mutual rankings. Thealgorithm matches all priority 1 couples and removes themfrom the market, then repeats for priority 2 matches, priority 3, etc.

    E.g. in Newcastle, priorities for firm-worker rankings wereorganized by theproductof the rankings, (initially) as follows:

    1-1, 2-1, 1-2, 1-3, 3-1, 4-1, 2-2, 1-4, 5-1...

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    Priority matching (an unstable system)

    This can produce unstable matchings -- e.g. if a desirable firm and

    worker rank each other 4th, they will have such a low priority(4x4=16) that if they fail to match to one of their first three choices,it is unlikely that they will match to each other. (e.g. the firm mightmatch to its 15th choice worker, if that worker has ranked it first...)

    After 3 years, 80% of the submitted rankings were pre-arranged 1-1 rankings without any other choices ranked. This worked to thegreat disadvantage of those who didn't pre-arrange their matches.

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    What makes a clearinghousesuccessful or unsuccessful?

    A matching is stable if there arent a doctor and

    residency program, not matched to each other,who would both prefer to be.

    Hypothesis: successful clearinghouses producestable matchings.

    How to test this?

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    Market Stable Still in use (halted unraveling)

    NRMP yes yes (new design in 98) Edinburgh ('69) yes yes

    Cardiff yes yes Birmingham no no Edinburgh ('67) no no Newcastle no no Sheffield no no Cambridge no yes

    London Hospital no yes Medical Specialties yes yes (~30 markets, 1 failure) Canadian Lawyers yes yes (Alberta, no BC, Ontario) Dental Residencies yes yes (5 ) (no 2) Osteopaths (< '94) no no Osteopaths (> '94) yes yes

    Pharmacists yes yes Reform rabbis yes (first used in 97-98) yes Clinical psych yes (first used in 99) yes

    So stability looks like an important feature of a centralized labormarket clearinghouse.

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    The need for experiments

    How to know if the difference betweenstable and unstable matching mechanismsis the key to success?

    There are other differences between e.g.Edinburgh and Newcastle

    The policy question is whether the newclearinghouse needs to produce stablematchings (along with all the other things itneeds to do like handle couples, etc. ) E.g. rural hospital question

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    A matching experiment(Kagel and Roth, QJE 2000)

    6 firms, 6 workers (half "High productivity" half "low productivity") It is worth $15 plus or minus at most 1 to match to a high It is worth $5 plus or minus at most 1 to match to a low There are three periods in which matches can be made:-2, -1, 0. Your payoff is the value of your match, minus $2 if made in

    period -2, minus $1 if made in period -1 Decentralized match technology : firms may make one offer at any

    period if they are not already matched. Workers may accept atmost one offer. Each participant learns only of his own offers andresponses until the end of period 0.

    After experiencing ten decentralized games, a centralized matching

    technology was introduced for period 0 (periods -2 and -1 wereorganized as before). Centralized matching technology: participants who are still

    unmatched at period 0 submit rank order preference lists, and arematched by a centralized matching algorithm.

    Experimental variable: Newcastle (unstable) or Edinburgh (stable)

    algorithm.

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    Average Cost of Early Markets

    0

    2

    4

    6

    8

    10

    1-5 6-10 11-15 16-20 21-25

    Markets #

    Cost(Dollars)

    Decentralized Markets Markets with a Clearinghouse

    Stable

    (Deferred

    Acceptance)

    algorithm

    New castle

    Priority

    algorithm

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    Offers and acceptances

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    The Roth-Peranson algorithm is also used inother market clearinghouses since 1998

    Postdoctoral Dental Residencies in the United States

    Psychology Internships in the United States andCanada

    Neuropsychology Residencies in the United Statesand Canada

    Osteopathic Internships in the United States

    Pharmacy Practice Residencies in the United States

    Articling Positions with Law Firms in Alberta,Canada

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    NRMP also runs Fellowship matches through the Specialties MatchingService (SMS) (using the Roth-Peranson algorithm since 1998)

    Abdominal Transplant Surgery (2005)

    Child & Adolescent Psychiatry (1995) Colon & Rectal Surgery (1984) Combined Musculoskeletal Matching

    Program (CMMP) Hand Surgery (1990)

    Medical Specialties Matching Program(MSMP) Cardiovascular Disease (1986)

    Gastroenterology (1986-1999;rejoined in 2006)

    Hematology (2006) Hematology/Oncology (2006) Infectious Disease (1986-1990;

    rejoined in 1994) Oncology (2006)

    Pulmonary and Critical Medicine (1986) Rheumatology (2005)

    Minimally Invasive and GastrointestinalSurgery (2003)

    Obstetrics/Gynecology

    Reproductive Endocrinology (1991) Gynecologic Oncology (1993) Maternal-Fetal Medicine (1994) Female Pelvic Medicine &

    Reconstructive Surgery (2001)

    Ophthalmic Plastic & ReconstructiveSurgery (1991)

    Pediatric Cardiology (1999)

    Pediatric Critical Care Medicine (2000) Pediatric Emergency Medicine (1994) Pediatric Hematology/Oncology (2001) Pediatric Rheumatology (2004) Pediatric Surgery (1992) Primary Care Sports Medicine (1994) Radiology

    Interventional Radiology (2002) Neuroradiology (2001) Pediatric Radiology (2003)

    Surgical Critical Care (2004) Thoracic Surgery (1988) Vascular Surgery (1988)

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    Gastroenterologists Niederle, Murieland Alvin E. Roth, "Unraveling reduces mobility in a

    labor market: Gastroenterology with and without a centralized

    match," Journal of Political Economy, 1. 111, no. 6, December 2003,1342-1352. .

    Niederle, Murieland Alvin E. Roth, "The Gastroenterology FellowshipMatch: How it failed, and why it could succeed onceagain,"Gastroenterology, 127, 2, August 2004, 658-666.

    McKinney, C. Nicholas, Niederle, Murieland Alvin E. Roth, "Thecollapse of a medical labor clearinghouse (and why such failures arerare),"American Economic Review, 95, 3, June, 2005, 878-889.

    Niederle, Murieland Alvin E. Roth, "The Gastroenterology FellowshipMarket: Should there be a Match?,"American Economic Review,Papers and Proceedings, 95,2, May, 2005, 372-375.

    Niederle, Muriel, Deborah D. Proctor and Alvin E. Roth, What will beneeded for the new GI fellowship match to succeed?,Gastroenterology,130, January 2006, 218-224.

    Niederle, Muriel, Deborah D. Proctor and Alvin E. Roth, ''TheGastroenterology Fellowship Match: The First Two

    Years,''Gastroenterology , 135, 2 (August), 344-346, 2008.

    http://www.stanford.edu/~niederle/http://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://www.stanford.edu/~niederle/http://www.stanford.edu/~niederle/Gastroenterology.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.pdfhttp://www.stanford.edu/~niederle/http://www.stanford.edu/~niederle/gastro.experiment.pdfhttp://www.stanford.edu/~niederle/gastro.experiment.pdfhttp://www.stanford.edu/~niederle/gastro.experiment.pdfhttp://www.stanford.edu/~niederle/http://kuznets.fas.harvard.edu/~aroth/papers/GastroAEAPP.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/GastroAEAPP.pdfhttp://www.stanford.edu/~niederle/http://www.stanford.edu/~niederle/Gastroenterology.2006.AGA.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.2006.AGA.pdfhttp://www.stanford.edu/~niederle/http://www.gastrojournal.org/article/PIIS0016508508011979/fulltexthttp://www.gastrojournal.org/article/PIIS0016508508011979/fulltexthttp://www.gastrojournal.org/article/PIIS0016508508011979/fulltexthttp://www.gastrojournal.org/article/PIIS0016508508011979/fulltexthttp://www.gastrojournal.org/article/PIIS0016508508011979/fulltexthttp://www.gastrojournal.org/article/PIIS0016508508011979/fulltexthttp://www.stanford.edu/~niederle/http://www.stanford.edu/~niederle/Gastroenterology.2006.AGA.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.2006.AGA.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.2006.AGA.pdfhttp://www.stanford.edu/~niederle/http://kuznets.fas.harvard.edu/~aroth/papers/GastroAEAPP.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/GastroAEAPP.pdfhttp://www.stanford.edu/~niederle/http://www.stanford.edu/~niederle/gastro.experiment.pdfhttp://www.stanford.edu/~niederle/gastro.experiment.pdfhttp://www.stanford.edu/~niederle/gastro.experiment.pdfhttp://www.stanford.edu/~niederle/http://www.stanford.edu/~niederle/Gastroenterology.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.pdfhttp://www.stanford.edu/~niederle/Gastroenterology.pdfhttp://www.stanford.edu/~niederle/http://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/gastro.pdfhttp://www.stanford.edu/~niederle/
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    Timing of Interviews: Unraveling

    Interviews for positions starting in 05 for specialties in Match.

    Proportion of hospitals that started interviewing

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    0.7

    0.8

    0.9

    1

    aug sept oct nov dec jan feb mar apr

    Match Start 05

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    Timing of Interviews: Unraveling

    Interviews are happening earlier and earlier

    Proportion of hospitals that started interviewing

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    0.7

    0.8

    0.91

    aug sept oct nov dec jan feb mar apr

    Start 05

    Start 03

    Match Start 05

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    Timing of Interviews: Unraveling

    Interviews are happening earlier and earlier

    Proportion of hospitals that started interviewing

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    0.7

    0.8

    0.9

    1

    aug sept oct nov dec jan feb mar apr

    Start 07 Survey

    Start 06 Survey

    Start 05

    Start 03

    Match Start 05

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    Timing of Offers

    For each of 44 programs:

    Use date of first and last offer, andassume that last offer is the longest openoffer: Overestimate length of time they areon the market.

    Each program is represented by one line.

    Dates during which fellowship programs were making offers. Each

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    a es du g c e o s p p og a s e e a g o e s acprogram is represented by one of the horizontal lines, indicating the(maximal) dates during which it could have had outstanding offers(2005 survey data, n=44).(As of November 15, 11 (27%) programs had already finished making

    offers, 12 (25%) had not yet started, and 21 (48%) were in the midst.)

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    Market is very dispersed in time

    0

    0.1

    0.2

    0.3

    0.4

    0.5

    0.6

    1-Au

    g

    16-Aug

    1-Se

    p

    16-Sep

    1-Oc

    t

    16-Oct

    1-No

    v

    16-Nov

    1-De

    c

    16-Dec

    1-Jan

    16-Jan1-Fe

    b

    15-Feb

    1-Ma

    r

    havingoutstandingoffers

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    Eff t f M t h M bilit

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    Effects of a Match: Mobility

    With a Match, fellows are more mobile.

    This effect is more pronounced for large hospitals.

    (Data: 9180 of 15,187 gastroenterologists who completed residency andfellowship in US after 1977.)

    Share of mobility of GI fellows for each year

    before match match after match

    0.2

    0.3

    0.4

    0.5

    0.6

    0.7

    0.8

    1977 1980 1983 1986 1989 1992 1995 1998 2001

    Hosp

    City

    State

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    Transition to a later market In May 2005, the American Gastroenterological

    Association (AGA), the American College of

    Gastroenterology (ACG), the American Society forGastrointestinal Endoscopy (ASGE) and the

    American Association for the Study of LiverDiseases (AASLD) decided to reintroduce a GIfellowship match, starting in 2006, for positionsbeginning in July 2007.

    How to manage the transition? Rates of participation

    Concern among programs about whether their chief competitorswill participate.

    Change of dates to June 2006 (from as early as July2005)

    How to reassure programs that other programs will wait

    for Match? (Without a congested transition like 1945-50)

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    In June 2005, Debbie Proctor, thegastroenterologist who took the lead inreorganizing the match, sent us an email saying,in part

    Im answering 3-4 emails per day especially onthis issue. I want to make sure MY competitionis in the match and that they dont cheat. Well,this is another way of saying that if they cheat,then I will too!...Have you ever seen this before?

    The distrust amongst program directors? I find ithard to believe that we are unique. Maybe this is[a] social science phenomenon?

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    Which markets are unraveled? Marketdesign

    It appears that markets in which transactions aremade at early, uncoordinated times are marketsin which there are both

    Exploding offers Binding commitments

    Example: Graduate admissions has a nicelydesigned set of market rules, sent to all admitted

    students, that suppresses exploding offers (inpart by facilitating reneges of premature

    acceptances).

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    Students are under no obligation to respondto offers of financial support prior to April 15;earlier deadlines for acceptance of such

    offers violate the intent of this Resolution. Inthose instances in which a student acceptsan offer before April 15, and subsequentlydesires to withdraw that acceptance, the

    student may submit in writing a resignationof the appointment at any time through April15.

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    The need for experiments

    Note that a simple experimental environment will bequite different from the markets in the table, and from thegastroenterology market.

    The laboratory environment, because it is so simple, is

    different from each of these markets in more transparentways than they are different from one another. while it is always somewhat risky to draw inferences about the

    effect of a rule change in one market from the effects in adifferent market, the inferences may be clearer when one of themarkets is simple.

    And in the experiment, the rules are an exogenousexperimental variable, so that their influence can bereadily observed.

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    An experiment allows us to view differentoffer regimes in a controlled environment

    5 firms, 6 applicants, 9 periods. In each period, a firm may make an offer to at most one applicant. Firmsmake offers, applicants decide upon the offers they receive.

    Firms and applicants are assigned qualities.

    If firm of quality x hires an applicant of quality y, both firm and applicantwill receive a payoff of xy points each.

    Firms qualities are simply their assigned participant number, 1,2,3,4,5. Uncertainty about applicants quality is only resolved over time:

    In periods 1, 4 and 7, each applicant receives a signal, an integerbetween 1 and 10, each equally likely.

    In period 7, the relative ranking of the sum of the 3 signals determinesthe applicants quality. The applicant with the highest sum of 3 signals

    has a quality of 6 Ties are broken randomly. Firms see all signals, applicants see only their own signals (as they

    become available over time) and their ranking in period 7.

    (Note that in this experiment the cost of early matching is bad

    matches due to uncertainty about quality.)

    E i t l t t t 3 k t lt

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    Experimental treatments: 3 market cultures

    Exploding offers: Firms can make exploding offers andacceptances are binding.

    Renege: Firms can make exploding offers, but applicantscan renege on their acceptance, for a small fee (1 point).

    Open offers: Firms can only make open offers.

    (Many equilibria:One in which all matches are agreed upon inefficiently early.

    All environments have a perfect equilibrium with efficient latematching.But the late matching equilibrium is more fragile when offers areexploding and acceptances are binding.)

    Ti i f fi l ff ( ff th t t d d t

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    Timing of final offers (offers that were accepted and notreneged upon for the renege treatment) in terms of the

    number of signals that were observed.

    Timing of final offers

    1

    1.5

    2

    2.5

    3

    1-5 6-10 11-15 16-20Markets

    N

    umberofsign

    als

    available

    Exploding

    Open

    Renege

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    Resolution Regarding Gastroenterology Fellowship Applicants,

    Including all Research and Clinical Fellowship Applicants and Positions

    This resolution concerns the conditions surrounding gastroenterology fellowship offers toapplicants, acceptance by applicants of such offers, and participation by applicants andprograms in the gastroenterology fellowship Match. The general spirit of this resolution isthat each applicant should have an opportunity to consider all programs before making adecision and be able to participate in the Match. The intention of this resolution is to ensureuniformity so that everyone participates fairly and to establish the principle that all positions should be

    filled through the Match or after Match Day. It therefore seeks to create rules that give bothprograms and applicants the confidence that applicants and positions will remain availableto be filled through the Match and not withdrawn in advance of it.

    This resolution addresses the issue that some applicants may be persuaded or coerced tomake commitments prior to, or outside of, the Match.Early offers and acceptances, and offersoutside of the Match, are violations of the rules and of this resolution and are not condoned.Anyapplicant may participate in the matching processby registering for the Match to interview and

    consider match-participating programs; however, an applicant who accepts a position prior to, or outsideof, the Match must comply with the National Resident Matching Program/Specialty Matching Services(NRMP/SMS) Match Participation Agreement by either resigning the accepted position if he/shewishes to submit a rank order list of programs or by withdrawing from the Match prior to therank order list certification deadline, which is the first week in June. In addition, no program maywithdraw a position from the Match after the quota change deadline to offer that position outside thematching process. The spirit of this resolution is to make it unprofitable for programdirectors to press applicants to accept early offers, and to give applicants an opportunity toconsider all offersas well as to provide uniform and widely acceptable rules that protect bothapplicants and fellowship programs.

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    Another proposal: (What do you think of it?)

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    Another proposal: (What do you think of it?)Uniform notification date forpostdoctoralpositions in

    professional psychology

    53

    O th di h d th bl

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    Orthopedic surgery had the same problem

    But aspiring surgeons may not be able to turn downearly offers after accepting them, even if the orthopedic

    organizations were to adopt a policy like thegastroenterologists'.

    However, while the (15) orthopedic professionalorganizations also cannot directly prevent employers

    from making early offers, unlike the gastroenterologists,they feel they can effectively punish employers whomake early offers, by not allowing them to presentpapers at professional meetings.

    Harner, Christopher D., Anil S. Ranawat, Muriel

    Niederle, Alvin E. Roth, Peter J. Stern, Shepard R.Hurwitz, William Levine, G. Paul DeRosa, Serena S. Hu,"Current State of Fellowship Hiring: Is a universal matchnecessary? Is it possible?," Journal of Bone and JointSurgery, 90, 2008,1375-1384.

    http://kuznets.fas.harvard.edu/~aroth/papers/Orthomatch.JBJS.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Orthomatch.JBJS.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Orthomatch.JBJS.pdfhttp://kuznets.fas.harvard.edu/~aroth/papers/Orthomatch.JBJS.pdf
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    Federal judges hiring law clerks have a similar

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    Federal judges hiring law clerks have a similarproblem

    This market has also unraveled. Like orthopedic surgeons, law students can't change their

    minds no matter how early the offer (law students are not ina position to break promises to federal judges).

    Like the gastroenterology organizations, the judicialconferences have no way to prevent judges from hiring

    early, or from making exploding offers, or punishing thosewho do.

    There are now discussions underway among judges andlaw schools about the possibility of instituting aclearinghouse like the ones used by doctors.

    But until some way is found to address the issue of earlyand exploding offers before a clearinghouse, the chances ofsuccess are small.

    It appears that judges may have to become willing to dosome "community enforcement" of norms against early

    exploding offers before a clearinghouse will work for them.

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    Law Clerks

    Avery Christopher Christine Jolls Richard A Posner and

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    Avery, Christopher, Christine Jolls, Richard A. Posner, andAlvin E. Roth, The Market for Federal Judicial Law Clerks,University of Chicago Law Review, 68, 3, Summer, 2001, 793-902.

    The market for clerkships starting in 2003 cleared in the September2001, i.e. at the very beginning of the first semester of the secondyear of law school; nearly two years before the start of employment.

    This introduces several potential causes of inefficiency.

    because the market clears so early, it clears before informationbecomes available (e.g. students second and third year grades, lawreview articles, etc.) that can help produce efficient matches ofparticular clerks and judges.

    because competition among judges to hire earlier than theircompetitors makes the market fast, chaotic, and thin, many studentsand judges have little opportunity to consider a wide range ofoptions, but rather have to transact quickly, before options can bedeveloped.

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    The proximate cause of that study:

    Memo from the Administrative Office of the UnitedStates Courts, to All United States Judges,October 7, 1998.

    At its September 15, 1998 session, the JudicialConference of the United States rescinded itsSeptember 1993 policy recommending to all

    judicial officers that March 1 of the year before aclerkship begins be the benchmark starting date

    for law clerk interviews. This action was takenbecause the policy on law clerk interviews hasnot been universally followed...

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    Over the next few years, we observed

    interviews led very quickly to offers

    offers produced very quick responses responses were generally acceptances; and many scheduled interviews were canceled as a result.

    Thus, students and judges tended to pair off quickly withthose with whom they have early interviews. As a result,

    many students limited the judges to whom they apply toavoid being paired off early with a less preferred judge

    We also witnessed complex but binding verbal contracts.

    Offers became earlier from year to year (moving backfrom February to September of the second year).

    An initial modest reform:

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    An initial, modest reform:Ninth Circuit Court Announced Positions for

    Sept, 2003, as of August, 2001

    Haruvy Ernan Alvin E Roth and M Utku nver The

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    Haruvy, Ernan, Alvin E. Roth, and M. Utku nver, TheDynamics of Law Clerk Matching: An Experimental andComputational Investigation of Proposals for Reform of

    the Market, Journal of Economic Dynamics andContro l, 30, 3 , March 2006, Pages 457-486..

    Decentralized

    Centralized

    - idealized

    Centralized

    - coerced

    Without

    Announcements

    8 cohorts 10 cohorts8 cohorts

    With Announcement 10 cohorts11 cohorts 10 cohorts

    Experimental Design: 3 period market, in which information aboutmatch quality becomes fully available in the form of accumulatedgrades only in year 3.

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    Judges have qualities 1 to 4, known from the beginning of the market. In each of three years, students grades are independently drawn

    from {0,1,2} with a discrete uniform density. Ties between studentsare broken arbitrarily only after year 3 grades become available (butbefore the application process starts in year 3). After all ties arebroken, the applicant with the highest cumulative grade in year 3 hasquality 4, the applicant with the second highest cumulative grade hasquality 3, the applicant with the second to last grade has quality 2,and the applicant with the lowest grade has quality 1.

    The payoff to each subject is the product of his own quality and that of

    the subject to whom he is matched Subjects experienced 20 markets, with the roles (judge or applicant)

    remaining the same, judges qualities remaining fixed, and applicantsgrades determined randomly in each year of each market. So, offersmade in year 1 can be contingent only on year 1 grades, while offersmade in year 3 are made after all grades, and hence students final

    qualities are known. Applicants decide, at the beginning of each year, to which judges, ifany, to submit applications. Applicants can apply to as manyavailable judges as they wish, and no judge may make an offer to anapplicant who has not applied to him. However, when a judgemakes an offer, the applicant must accept, unless a better judgemade an offer simultaneously.

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    In all six treatments, in each year (1-2 in the centralized treatments and1-3 in the decentralized):

    Applicants send applications to available firms.

    Firms may choose any one applicant from the pool of applicantswho have applied in a given year, and they are matched to thisapplicant unless a higher quality firm also chooses that applicant.(i.e. applicants cant refuse an offer unless a better one arrives atthe same time)

    In the centralized-idealized treatment, year 3:

    Firms and applicants not matched by the end of year 2 are allmatched in year 3, at the unique stable matching among thoseremaining in the market. (Notice that even in the centralized-idealized treatment when an applicant applies to a firm and receivesan offer in years 1 and 2, she cannot decline this offer).

    In the centralized-coerced treatment, year 3:

    Firms and applicants who were not matched by the end of thesecond year were placed via the central match in year 3. But to beeligible for matching to a particular firm following year 2, an applicantneeds to have sent an application to that firm in either year 1 or year2.

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    Average Group Welfaredashed lines represent treatments with announcements.

    23

    24

    25

    26

    27

    28

    29

    30

    mkts 1-5 mkts 6-10 mkts 11-15 mkts 16-20

    Market Block

    Welfare

    decentralized(NA) central-coerced(NA) central-idealized (NA)

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    Success of late match

    0

    0.5

    1

    1.5

    2

    2.5

    Mkts 1-5 Mkts 6-10 Mkts 11-15 Mkts 16-20

    Market

    Num

    bergoingthro

    ughmatch

    central-idealized

    central-coerced

    Proximate cause of our 2007 study

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    Avery, Christopher, Christine Jolls, Richard A. Posner, and Alvin E. Roth,

    The New Market for Federal Judicial Law Clerks, University of Chicago

    Law Review, 74, Spring 2007, 447-486

    UNITED STATES COURTS OF APPEALS

    March 11, 2002Dear Dean:

    We are pleased to report that the federal appellate judges havevoted overwhelmingly in favor of a new Plan for Law Clerk Hiring.The Plan includes: (1) a moratorium on law clerk hiring duringthe Fall of 2002, (2) an arrangement ensuring that the hiring oflaw clerks will not be done earlier than the Fall of the third yearof law school, and (3) an agreement that the focus of law clerkhiring will be on third year law students and law graduates.The precise terms of the new Plan are set forth in the attached"Summary," and the history leading to the Plan's adoption appearsin the appended "Background" statement. More than two-hundredfederal appellate judges considered the Plan. Ninety-two percent(92%) of the judges either supported the Plan or indicated that theywould not oppose it. Thus, the "substantial consensus" requirement

    that was needed to put the Plan into operation was easily satisfied.

    Judges memo cont

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    Judges memo, cont.There are numerous advantages to a law clerk hiring system that

    focuses on third year students and law graduates. Law clerkcandidates will be able to present more information with theirapplications and be judged more fairly. Thus, for example,applicants who are in their third year of law school will be able tooffer

    a transcript showing performance during four semesters of school ina good variety of courses;

    information on law journal selection, journal publications, andelection to a journal editorial board;

    writing samples from seminar courses; information regarding experience gained in clinical courses and

    public interest endeavors;

    references from law professors for whom the student has worked asa research assistant or a teaching assistant; recommendations associated with judicial internships; significant recommendations from Summer employers; information on moot court competitions; and information on selection or election to positions in student

    government.

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    Initial FAQ (accompanying judges memo)

    Q Does the Plan endorse Summer interviewing?A No. Many judges would have opposed the Plan had it endorsed

    Summer interviewing. There was a concern that Summer interviewswould be very inconvenient for many people. The reasons aremanifold: many judges are away on vacation during the Summer;law clerk applicants are otherwise occupied with Summer jobs,

    vacations, foreign travel, and bar examinations (for recentgraduates); law professors often are away on vacation and thusunavailable to furnish references; and law schools do not releasegrades on any uniform schedule, so official student transcripts fromsome law schools are not available until near September. However,the Plan does not forbid a law student who, say, is fromVirginia and working in Tulsa during the Summer from talking

    with a judge who is otherwise available to chat. This hashappened under existing hiring arrangements and the judges sawno reason to prohibit it under the new Plan. The main point,however, is that the formal hiring process will take place in the Fallwhen applications will be submitted and materials and referencesfrom the law schools will be sent to the judges.

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    Initial FAQ, cont.

    QHow is "Fall" determined under the Plan?AThere is no fixed definition of Fall, nor is there any

    fixed starting date for the hiring season. Underexisting arrangements, some judges do their hiring inSeptember, some in October, and others do it even later.

    The Plan does not change this.QAre judges forbidden from making "exploding offers," i.e.,

    offers that require an applicant to respond promptly to anoffer?

    AThe Plan does not purport to address how an offer is

    given by a judge. This is for each judge to determine.However, no applicant is obliged to act on an offer if theterms are unacceptable, nor is an applicant obliged toaccept the first offer that he or she receives.

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    Subsequent refinements of rules

    From year to year, changes have beenmade to

    Put precise start dates for applications (after

    Labor Dayalready specified by start ofmarket in 2003)

    Specify later precise dates for

    Scheduling interviews

    Conducting interviews and making offers

    No rules regarding exploding offers

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    2004 modifications

    The critical dates under the Revised Law Clerk Hiring Planare as follows:

    After Labor Day: Third year law students and law schoolgraduates may submit law clerk applications and lettersof reference may be submitted on their behalf.

    From the Day After Labor Day Through the SecondSunday After Labor Day (September 7- 19 in 2004):Reading period.

    Beginning on the first Monday after Labor Day(September 13in 2004): Judges may schedule

    interviews to be held after the reading period. Beginning on the Second Monday After Labor Day

    (September 20in 2004): Judges may conduct interviewsand extend offers.

    Subsequent modification of dates in 2005.

    Critical Dates under the Law Clerk Hiring Plan for 2011

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    Critical Dates under the Law Clerk Hiring Plan for 2011http://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/CriticalDates?OpenDocument

    73

    Offers may be made as soon as interviews are permitted under

    http://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/CriticalDates?OpenDocumenthttp://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/CriticalDates?OpenDocument
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    Offers may be made as soon as interviews are permitted underthe Plan. Generally, it is for the judge to determine the termsupon which an offer is extended. However, judges areencouraged not to require an applicant to accept an offerimmediately without reasonable time to weigh it against otherviable options that remain open to the applicant. This wouldnot prohibit an applicant from accepting an offer on the spot.

    When setting up an interview with a clerkship applicant, ajudge should make clear to the applicant his or her interviewand offer policies or practices. For example, a judge may havea policy or practice of making offers and entirely filling his orher clerkship slots, even if more interviews are scheduled for

    that day. The applicant should be told this in a timely fashion,so that the applicant's decision to accept or decline theinterview is appropriately informed. Applicants should also beinformed if the judge will ask them to make a decision on thespot.

    http://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/SUMMARY?OpenDocument

    http://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/SUMMARY?OpenDocumenthttp://www.cadc.uscourts.gov/internet/lawclerk.nsf/Content/SUMMARY?OpenDocument
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    75

    Data

    We have repeated the surveying of both federal appellatejudges and applicants that we did in our prior study.

    Federal appellate judges surveyed in fall of 2004 and fallof 2005.

    Third year law students at the four law schools thatprovide the greatest number of clerks surveyed in fall of2004, fall of 2005, and fall of 2006.

    About a 50% response rate from both federal appellatejudges and students. On the key measure of judge

    reports of adherence versus nonadherence to the startdates, if anything selection bias should lead us tounderestimate the level of nonadherence.

    Adherence to start dates (2004 judge

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    76

    Adherence to start dates (2004 judgesurvey; gray areas = nonadherence)

    Number and (in parentheses) cumulative percentage of

    responding judges

    Before

    September

    7

    September

    712

    September

    1319

    September

    2026

    After

    September

    26/Not yetDate of first

    interview

    11

    (9%)

    6

    (15%)

    22

    (33%)

    66

    (91%)

    11

    (100%)

    Date of first

    offer

    5

    (4%)

    9

    (12%)

    11

    (21%)

    67

    (78%)

    26

    (100%)

    Judges perceptions: 2004

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    77

    Judges perceptions: 2004

    Number and (in parentheses) cumulative percentage of responding judges

    Overall Within

    Circuit

    Relativelyfew judges

    adhered

    Toresponding

    judges

    knowledge,

    many judges

    adhered buta substantial

    number didnot

    Toresponding

    judges

    knowledge,

    almost all

    judgesadhered

    Toresponding

    judges

    knowledge,

    all judges

    adhered

    At leastone judge

    in Circuit

    did not

    adhere

    Start date

    for

    scheduling

    interviews

    3(3%)

    34

    (36%)

    41(75%)

    26(100%)

    36(69%)

    Start date

    for

    conducting

    interviews

    and making

    offers

    5(5%)

    43

    (46%)40

    (85%)16

    (100%)36

    (73%)

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    78

    Judges perceptions: 2005Number and (in parentheses) cumulative percentage of responding judges

    Overall Within

    Circuit

    Relatively

    few judges

    adhered

    To

    responding

    judges

    knowledge,

    many judges

    adhered but

    a substantialnumber did

    not

    To

    responding

    judges

    knowledge,

    almost all

    judges

    adhered

    To

    responding

    judges

    knowledge,

    all judges

    adhered

    At least

    one judge

    in Circuit

    did not

    adhere

    Start date

    for

    scheduling

    interviews

    5

    (6%)

    40

    (52%)27

    (84%)

    14

    (100%)

    35

    (87%)

    Start date

    for

    conducting

    interviews

    and making

    offers

    4

    (5%)

    44

    (58%)23

    (86%)

    12

    (100%)

    34

    (81%)

    Student reports: 2004

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    79

    Student reports: 2004(gray areas = nonadherence)

    Number and (in parentheses) cumulative percentage ofresponding students

    Before

    September

    7

    September

    712

    September

    1319

    September

    2026

    After

    September

    26/Not yet

    Date of first

    scheduling ofinterview

    8(5%)

    39

    (31%)94

    (92%)8

    (97%)5

    (100%)

    Date of first

    interview

    9

    (6%)

    7

    (11%)

    18

    (23%)

    101

    (91%)

    13

    (100%)

    Date of first

    offer

    4

    (3%)

    3

    (5%)

    8

    (12%)84

    (77%)

    29

    (100%)

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    Student reports: 2006

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    81

    Student reports: 2006(gray areas = nonadherence)

    Number and (in parentheses) cumulative percentage of

    responding students

    Before

    Sept. 5

    Sept. 5-13 Sept. 14-

    20

    Sept. 21-27 After Sept.

    27/Not Yet

    Date of first

    scheduling ofinterview

    13(11%)

    31

    (38%)68

    (97%)3

    (99%)1

    (100%)

    Date of first

    interview

    13

    (11%)

    6

    (16%)

    18

    (32%)

    77

    (97%)

    3

    (100%)

    Date of first

    offer

    10

    (9%)

    3

    (12%)

    10

    (22%)69

    (87%)

    14

    (100%)

    Exploding offers remain a problem:

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    82

    Exploding offers remain a problem:Some representative quotes

    I received the offer via voicemail while I was in flight tomy second interview. The judge actually left threemessages.First, to make the offer.Second, to tell me that I should respond soon.

    Third, to rescind the offer.It was a 35 minute flight.

    I had 10 minutes to accept.

    I asked for an hour to consider the offer. The judgeagreed; however thirty minutes later [the judge] calledback and informed me that [the judge] wanted to rescindmy offer.

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    84

    Fast market clearing: student responses

    Fall of 2004 Fall of 2005 Fall of 2006

    First offer received on start date

    for interviewing and making

    offers

    38 51 45

    First offer received after startdate for interviewing and making

    offers

    59 52 38

    Of first offers received on start

    date for interviewing and making

    offers, percentage accepted onstart date

    42% 63% 62%

    So, for a nontrivial proportion of students, the market ends after the firstinterview (and some offers come even before the start date). Similarly forjudges, the market is not thick.

    R

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    85

    Recap

    The market has now successfully held the latedate (fall of third year of law school) for severalyears in a row (2003- ). This yields an advantage due to better information

    This certainly helps the many non-complying judgeswho make the earliest offers, and apparently alsohelps many of the complying judges.

    But congested interviewing, exploding offers arestill a problem

    This means that for many participants, the market stillisnt in fact thick.

    What are the prospects for the future?

    Stages and transitions observed in various other marketsith ti i bl

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    86

    with timing problems

    Stage 1: UNRAVELING

    Offers are early, dispersed in

    time, exploding

    Stage 2: UNIFORM DATESENFORCED

    Deadlines, congestion

    Stage 3:

    CENTRALIZED MARKET

    CLEARING PROCEDURES

    U if t t d t i th l l k k t

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    87

    Uniform start dates in the law clerk market

    Stage 1: UNRAVELING

    Stage 2: UNIFORM

    DATES ENFORCED

    1983, 1986, 1989, 1990, 1993, 2002

    1983: Sept 15 of 3rdyear, abandoned in 84

    1986: April 1 of 2ndyear

    1989: March 1, not adopted

    1990: May 1, 12:00 Noon

    1993: March 1 (not formally abandoned until 1998)

    Thoughts on the future evolution of the

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    88

    Thoughts on the future evolution of theclerk market

    It has cycled between stage 1 and stage 2multiple times

    Comparison to other markets, Stage 2 markets

    Psych25 years in stage 2. Japanese universities

    The current arrangement has formally heldtogether longer than the previous longest (1993-97) stage 2 arrangement. But theres lots of

    non-compliance. Discussions are underway about market

    design

    Would unraveling occur if

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    gsalaries were competitive?

    And what are competitive salaries? Recallthe case of law firms

    89

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    90http://www.nalp.org/reported_salaries_by_city

    http://www.nalp.org/reported_salaries_by_cityhttp://www.nalp.org/reported_salaries_by_cityhttp://www.nalp.org/reported_salaries_by_city
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    91

    salaries of

    $160,000accounted for25% of reportedsalaries.

    salaries of$160,000accounted

    for about18% ofreportedsalaries

    Law Firms

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    Law Firms

    In an attempt to regulate the market, theNALP, formed in 1971, issued regulationsintended to govern the timing and duration

    of offers by law firms. E.g. a regulationadopted in 1988 specified that offersshould remain open for at least two weeks,

    and others specified dates until whichoffers should remain open.

    92

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    But Roth and Xing (1994, p1007) note that

    some law firms began to give offers which

    met the letter of [these regulations], but

    which structured the compensation so thatthe offer was competitive because itincluded a signing bonus which could

    only be collected if the offer was acceptedmuch more promptly.

    93

    2010 rules (NALP 2010c),

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    All offers to law student candidates(candidates) should remain open for at least

    two weeks after the date of the offer letter Q.May employers offer signing bonuses that

    decline or evaporate according to the date ofacceptance of the offer of employment?A.This type of signing bonus violates the letterand spirit of the Principles & Standards.

    Signing bonuses or other benefits that require a

    decision in advance of the dates in Part V or thatvary according to the date of acceptance areconsidered special inducements and violate thisprovision.

    94

    Which markets are unraveled?

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    95

    Supply and demand.

    Li and Rosen, Li and Suen, insurance Halaburda

    Niederle, Roth and Unver In some markets unraveling is attributed to an

    imbalance of supply and demand

    But to get unraveling you need two things: Firms have to be willing to make early offers

    Workers have to be willing to accept them

    This is most likely to occur when both firms andworkers can plausibly think of themselves as being onthe long side of the marketa common state of mindin the markets we study

    Simple supply and demand hypothesis

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    p pp y yp Excess s upp ly or d emand ( in the relevant part of the market)

    increases competi t ion, wh ich causes ineff ic ient ly ear lytransact ions.

    Menard (book review, 2003), on college admissions:"There are many reasons that college admission has become so complex,

    but the main one is demand..(In 1932 Yale admitted 72% of applicants,now 13%).

    Avery, Fairbanks, and Zeckhauser (book, 2003, p32) quote a 1990U.S. News and World Report story.

    "Many colleges, experiencing a drop in freshman applications as thepopulation of 18-year-olds declines, are heavily promoting early-acceptance plans in recruiting visits to high schools and in campus toursin hopes of corralling top students sooner."

    Roth (JPE 1984about the market for new physicians around 1900,"The number of positions offered for interns was, from the beginning,

    greater than the number of graduating medical students applying for

    such positions, and there was considerable competition amonghospitals for interns. One form in which this competition manifesteditself was that hospitals attempted to set the date at which they wouldfinalize binding agreements with interns a little earlier than their principalcompetitors."

    96

    Comparable supply and demand

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    p pp yhypothesis

    Early transactions require both that firmsshould want to make early offers, andworkers should want to accept them.

    So too much imbalance in supply anddemand should notbe associated withunraveling.

    97

    In many markets, both sides feel they are on the long side

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    Many positions available

    at unselective colleges

    Fewer positions at elite

    colleges than students

    eager to enroll.

    College admissions

    Fewer top teams than

    topbowls

    More teams than bowlsPostseason College

    Football Bowls (before

    BCS)

    Fewer top and research

    oriented applicants than

    positions

    More board-certified

    applicants than positions

    Medical subspecialties

    Many more interested

    foreign medical graduatesthan American positions

    Many more first year

    positions than graduatesof American med schools

    American medical

    residents

    Fewer Law Review

    editors than Federal

    appellate judges

    Many more law grads

    than judges

    Federal court clerkships

    Many positions available

    at unselective colleges

    Fewer positions at elite

    colleges than students

    eager to enroll.

    College admissions Fewer positions at elite

    colleges than students

    eager to enroll.

    College admissions

    Fewer top teams than

    topbowls

    More teams than bowlsPostseason College

    Football Bowls (before

    BCS)

    More teams than bowlsPostseason College

    Football Bowls (before

    BCS)

    Fewer top and research

    oriented applicants than

    positions

    More board-certified

    applicants than positions

    Medical subspecialties More board-certified

    applicants than positions

    Medical subspecialties

    Many more interested

    foreign medical graduatesthan American positions

    Many more first year

    positions than graduatesof American med schools

    American medical

    residents

    Many more first year

    positions than graduatesof American med schools

    American medical

    residents

    Fewer Law Review

    editors than Federal

    appellate judges

    Many more law grads

    than judges

    Federal court clerkships Many more law grads

    than judges

    Federal court clerkships

    98

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    Supply and demand model

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    nFfirms, nFhof high quality

    Firm quality is common knowledge fromtime 1

    nAapplicants, of which nAhwill eventually

    become high quality

    Only the proportion nAh/nAis known until the

    first period of the latehiring stage, when thehigh quality individuals are realized

    Rules: there are multiple early and lateperiods: each unmatched firm may make anoffer to at most one worker in each period,

    acceptances are binding100

    Rules

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    Rules At the beginning of each period, each available firm

    can extend an offer to an applicant of its choice. After the firms make offers, the applicants observe all

    the offers made by the firms and each applicant canaccept one of the offers she got in the period or rejectthem all.

    Acceptances are binding; once an applicant acceptsan offer, firms cannot make her further offers. Each offer is valid only in the period it is extended (it is

    an exploding offer; although workers can considermultiple offers if made in the same period )

    After the period is over, all decisions made in theperiod become public information.

    101

    Payoffs

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    y Remaining unmatched earns zero. Let EU(i,j) be the expected

    payoff of a quality i agent from being matched with a quality jagent. EU(i,j) is increasing in both arguments andsupermodular so that

    EU(h,h)-EU(h,)>EU(,h)-EU(,)0 At the beginning of the late stage, a tie-breaking lottery e is

    drawn to rank high quality agents among each other and lowquality applicants among each other from the best to the

    worst. The lottery results become public information. The payoff of an agent a with quality i being matched with a

    partner b of quality j is given byua(b)=EU(i,j)+eb

    where eb is the lottery draw of the agent b. E[e]=0 and support

    of e is small enough so that being matched with a high qualitypartner is always better than being matched with a low qualitypartner

    102

    Efficiency and inefficiency due to unraveling

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    Well focus on big (and visible) inefficiencies in

    which high quality agents are unnecessarilymatched with low quality, i.e. in which thematching isnt as assortative as it could be.

    Qual ityw ise Eff ic iency = Sum of the Expected

    Payoffs are maximized (without taking tie-breakerinto account) SupermodularityA matching is qualitywise efficient

    if and only if it is qualitywise assortative i.e. high typeapplicants are matched with high firms as long as it is

    possible and remaining agents are matched with lowquality partners as long as it is possible.

    103

    Many Nash equilibria

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    Many Nash equilibria

    But well be able to say something aboutsubgame perfect equilibria.

    104

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    Subgame perfect equilibria:

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    lemmas

    Late stage: Any subgame perfect equilibriumproduces assortative matching among thefirms and applicants still unmatched at the

    beginning of the late hiring stage. From the beginning: In the cases of excess

    supply or demand, nAhnF(Case 1), and

    nFnA>nFh(Case 3) the unique subgame

    perfect equilibrium outcome is late,assortative matching.

    106

    What causes late and assortative matchingwhen supply and demand are unbalanced?

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    when supply and demand are unbalanced?

    Excess supply (case 1): nAh

    nFApplicants would accept early offers but firms

    prefer to wait and guarantee a high qualityapplicant.

    Excess demand (case 3): nFnA>nFh

    Applicants wont accept low quality early

    offers, since they can always get a low quality

    offer late.Applicants would accept high quality early

    offers

    At equilibrium high quality firms prefer to wait

    107

    Unraveling that doesnt harm

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    efficiency

    Lemma: In the case of nFhnA (Case 4,excess demand), the outcome of anysubgame perfect equilibrium is qualitywiseefficient. That is, high quality firms may make early

    offers that are accepted, but this doesnt harm(qualitywise) efficiency, since not all highquality firms can be matched anyway. (i.e. ifall applicants are matched, the outcome isqualitywise efficient.)

    108

    Necessary conditions for inefficient

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    unraveling at SPE

    Theorem: A qualitywise inefficient earlymatching is an outcome of a subgame perfectequilibrium only if the market is one ofcomparabledemand and supply (Case 2):

    nA> nF>nAh

    . Inefficiency results at equilibria in which highquality firms wait for the late stages (whenthey can always hire someone), but lowquality firms make early offers which areaccepted (since some applicants will be leftunmatched). But these necessary conditions arent sufficient.

    109

    Sufficient conditions for full unraveling

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    In the case of comparable demand and supply

    nA> nF>nAh(Case 2), if0 > nF

    huhh+(nF-nFh-nA

    h)uh-(nA-nAh)u

    and nFh nA

    h,

    then all low quali ty f i rms h ire in the ear lyhir ing s tage at any subgame perfectequi l ibr ium, leading to a qualitywiseinefficient matching with positive probability.

    So we can choose experimentalparameters in which the SPE predictsunraveling.

    110

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    Experimental design: 4 firms with 1 or 2 position(s)each and 6 or 12 applicants Half of the positions are high quality and

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    112

    each and 6 or 12 applicants. Half of the positions are high quality andone third of the applicants are high quality.

    Treatments6 Appli cants

    2 H igh Quali ty Applicants

    12 Appli cants

    4 H igh Quality Applicants

    4 Firm Positi ons

    2 H igh Quality

    Positions

    Baseline Thin

    comparable supply/demand

    market treatment(Case 2)

    Treatment with

    excess supply (Case 1)

    8 Firm Positions(with f irm quota 2)

    4 H igh Quality

    Positions

    Treatment with

    excess demand(Case 3)

    Thick comparable

    supply/demand market

    treatment(Case 2)

    Prediction (Theorem) A qualitywise inefficient early matching isan outcome of a subgame perfect equilibrium only if themarket is one of comparable demand and supply (case 2).(Inefficiency results when low quality firms make early offersthat are accepted.)

    (SPE) Predictions

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    ( )

    113

    SPEnA 6

    nAh 2

    nA 12

    nAh 4

    nF 4

    nF

    h

    2

    THIN

    COMPARABLE

    Low quality

    firms hire earlyqualitywise-inefficient

    outcome

    EXCESS

    SUPPLY

    Late and

    assortativematching

    efficient outcome

    nF 8

    nFh 4

    EXCESS

    DEMAND

    Late and

    assortative

    matching

    efficient outcome

    THICK

    COMPARABLE

    Low quality

    firms hire early

    qualitywise-inefficient

    outcome

    87.50%

    100.00%

    Median % High Type Firms Hiring Early

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    114

    0.00%

    12.50%

    25.00%37.50%

    50.00%

    62.50%

    75.00%

    87.50%

    Markets 1-5 Markets 6-10 Markets 11-15 Markets 16-20

    THIN COMPARABLE - 6 App - 4 Firm EXCESS SUPPLY -12 App - 4 Firm

    EXCESS DEMAND - 6 App - 8 Firm THICK COMPARABLE - 12 App - 8 Firm

    0.00%

    12.50%

    25.00%

    37.50%

    50.00%

    62.50%

    75.00%

    87.50%

    100.00%

    Markets 1-5 Markets 6-10 Markets 11-15 Markets 16-20

    Median % LowType Firms Hiring Early

    THIN COMPARABLE -6 App - 4 Firm EXCESS SUPPLY -12 App - 4 Firm

    EXCESS DEMAND - 6 App - 8 Firm THICK COMPARABLE - 12 App - 8 Firm

    What have we learned so far?

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    115

    What have we learned so far? Unraveled markets (with early, dispersed,

    exploding offers) produce different outcomes inpredictable ways. Less thick, unsafe, suffer from congestion, inefficient Loss of mobility in the gastro market

    Unraveling involves both Market design: e.g. how exploding offers are treated Supply and demand: both firms and workers have to

    be willing

    Centralized markets can solve these problems Centralized matches are preceded by (potential)

    decentralized markets. Even well-designed (stable) matches can unravel Moving from an early to a late equilibrium can be hard

    Open questions

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    Open questions

    what factors make a market prone tounraveling?

    Which markets are adequately organized

    without a coordinated marketplace(coordinated in time, or space, or both)?

    For which markets is a centralizedmarketplace desirable?

    For which markets does a centralizedclearinghouse (possibly computer-assisted)offer additional benefits?

    116

    Experiments have multiple roles to play

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    117

    Experiments have multiple roles to play

    They allow us to investigate questions that thefield data cannot answer E.g. why did the GI match fail in 96?

    They allow us to investigate hypotheses

    suggested by the field data E.g. does the ability to renege on early acceptancesreduce exploding offers and unraveling?

    What conditions of supply and demand promoteunraveling?

    They play a role in the considerable amounts ofdiscovery, demonstration, and persuasion thatare necessary to coordinate market participantsto move from one equilibrium to a better one.

    Conclusions:

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    Markets dont always spring up likeweeds, some of them are hothouseorchids that need care and attention.

    We need to understand how marketswork in enough detail so we can fix themwhen theyre broken.