Footnote 48

In the Pacer data the rate of pro se cases is 98/294 = 33.3%, while in the published cases the rate is 37/191 = 19.4%. By contrast, the rate of pro se filings in Title VII cases for all districts combined (as reported by Clermont & Schwab, supra note 4, at 434) is 18.87%. We do not know the reason for the much higher rate of such filings in our Pacer data. In addition, the bias effect is moderated by the fact that our Pacer sample included both published and unpublished cases. A random sample of Pacer cases indicated that about 47% had generated published opinions.