Workplace Law Publications
Professor and Director, Workplace Law Program
- Mainstreaming Employment Contract Law: The Common Law Case for Reasonable Notice of Termination, 66 Florida Law Review 1513 (2014).
- From Just Cause to Just Notice in Reforming Employment Termination Law, chapter in Research Handbook on the Economics of Labor and Employment Law, Cynthia Estlund and Michael Wacter, eds., Edward Elgar Publishing (2012).
- Employment Law: Private Ordering and Its Limitations, New York, NY: Wolters Kluwer Law & Business. (2011).
- Author Meets Reader, Scholar Meets Worker: An Introduction to the Section on Labor Relations and Employment Law 2011 AALS Panel Presentation, 15 Emp. Rts. Emp. Pol. J. 443 (2011).
- Just Notice: Re-Reforming Employment at Will, 58 UCLA L. Rev. 2010.
- Incenting Flexibility: The Relationship Between Public Law and Voluntary Action in Enhancing Work/Family Balance, 42 Conn. L. Rev. 1081 (2010).
- Employment as Transaction, 39 Seton Hall L. Rev. 447 (2009).
- Response: Putting the Restatement in its Place, 13 Emp. Rts. Emp. Pol. J. 143 (2009).
- Public Law And Private Process: Toward an Incentivized Organizational Justice Model of Equal Employment Quality for Caregivers, 2007 Utah L. Rev. 25.
- Cubewrap Contracts: The Rise of Delayed Term, Standard Form Employment Agreements, 49 Ariz. L.Rev. 637 (2007).
- Employment Law: Private Ordering and Its Limitations co-authored with with Timothy Glynn & Charles Sullivan, (Aspen 2006). Rev. 637 (2007).
- Cubewrap Contracts and Worker Mobility: The Dilution of Employee Bargaining Power Via Standard Form Noncompetes, 2006 Mich. State L. Rev. 963 (symposium issue).
- Accommodation Subverted: The Future of Work/Family Initiatives in a ‘Me, Inc.’ World, 12 Texas J. Wom. & L. 345 (2003) (symposium issue).
- Foreword: The Role of Contract in the Modern Employment Relationship, 10 Texas Wes. L. Rev. 1 (2003).
- Non-Competes, Human Capital, and Contract Formation: What Employment Law Can Learn from Family Law, 10 Texas Wes. L. Rev 155 (2003) (symposium issue).
- Bargaining for Loyalty in the Information Age: A Reconsideration of the Role of Substantive Fairness in Enforcing Employee Non-Competes, 80 Or. L. Rev. 1163 (2001).
- A Cause Worth Quitting For? The Conflict Between Professional Ethics And Individual Rights In Discriminatory Treatment Of Corporate Counsel, 75 Ind. L.J. 963 (2000).
Mulligan Burleson Chair in Modern Learning and Professor
- Ill-Structured Simulations in Two American Law School Classes: Labor Law and Administrative Law, chapter in Simulation and the Learning of the Law (Ashgate Publishing) (forthcoming 2014).
- International Encyclopaedia for Labour Law and Industrial Relations, co-authored with Alvin Goldman, United States of America volume (Wolters Kluwer International) (2014).
- Formative Assessment in Doctrinal Law Classes: Rethinking Grade Appeals, 63 Journal of Legal Education, Issue 2 (forthcoming November 2013).
- Administrative Law: A Casebook , co-authored with with Jay Brown and Bernard Schwartz, 8th edition, Wolters Kluwer (forthcoming December 2013).
- Labor Law in the Contemporary Workplace , co-authored with Kenneth Dau-Schmidt, Martin Malin, Christopher Cameron and Catherine Fisk, 2nd edition, West Publishers (forthcoming December 2013).
- 2012 Update for Employment Discrimination Law: Cases and Materials on Equality in the Workplace, co-authored with Dianne Avery, Maria Ontiveros, Michael Selmi and Melissa Hart, American Casebook Series, Thomson West (August 2012).
- 2012 Update for Labor Law in the Contemporary Workplace, co-authored with enneth Dau-Schmidt, Martin Malin, Christopher Cameron-Ruiz and Catherine Fisk, Thomson West (August 2012).
- Ricci’s Dicta: Signaling A New Standard for Affirmative Action Under Title VII?, forthcoming WAKE FOREST L. REV. 2011.
- Synecdochic Perils and Opportunities for Latina/os in the Academy, 14 Harvard Latino Law Review 257 (2011).
- Administrative Law: A Casebook co-authored with Bernard Schwartz & Jay Brown, (7th ed. 2010, Aspen Law & Business).
- Employment Discrimination Law: Cases And Materials On Equality In The Workplace co-authored with Dianne Avery, Maria Ontiveros, Michael Selmi & Melissa Hart, (8th edition, Thomson-Reuters, 2010).
- Teachers Manual for Labor Law in the Contemporary Workplace, co-authored with Kenneth G. Dau-Schmidt, Martin H. Malin, Christopher David Ruiz Cameron, and Catherine L. Fisk, Thomson-West Publishing 2009.
- Working Group on Chapter 4 of the Proposed Restatement of Employment Law: The Tort of Wrongful Discipline in Violation of Public Policy, co-authored with Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine L. Fisk, and Pauline T. Kim, 13 EMP. RTS. & EMPLY. POL’Y J. 159 (2009).
- 2009 Casebook Supplement for EMPLOYMENT DISCRIMINATION LAW: CASES AND MATERIALS ON EQUALITY IN THE WORKPLACE, co-authored with Dianne Avery, Maria Ontiveros, and Michael Selmi, August, 2009.
- United States Labor and Employment Law, co-authored with Alvin Goldman, VOLUME 5 (590 pp.) in INTERNATIONAL ENCYCLOPEDIA OF LABOUR AND EMPLOYMENT LAW (Roger Blanpain, ed.)(Kluwer International: 2009).
- Toward an Integrated Disparate Treatment and Accommodation Framework for Title VII Religion Cases, 77 University of Cincinnati Law Review 1411 (2009).
- 2008 Casebook Supplement for EMPLOYMENT DISCRIMINATION LAW: CASES AND MATERIALS ON EQUALITY IN THE WORKPLACE co-authored with Dianne Avery, Maria Ontiveros, and Michael Selmi, (July, 2008).
- 2006 Casebook Supplement for EMPLOYMENT DISCRIMINATION LAW: CASES AND MATERIALS ON EQUALITY IN THE WORKPLACE co-authored with Dianne Avery, Maria Ontiveros, and Michael Selmi, (July, 2006).
- ADMINISTRATIVE LAW: A CASEBOOK (and Teacher’s Manual), co-authored with Bernard Schwartz & Jay Brown, 6th ed. 2006, Aspen Law & Business.
- Introduction: Toward an Ethic of Teaching: Class, Race, and a Pedagogy of Community Engagement, Villanova Law Review, 50 VILLANOVA LAW REVIEW 837 (2005).
- Toward an Ethic of Teaching: Class, Race and the Promise of Community Engagement, 50 Vill. L. Rev. 837 Villanova Law Review 2005.
- Employment Discrimination Law: Cases And Materials on Equality in the Workplace (Robert Belton, Dianne Avery, Maria Ontiveros & Roberto Corrada (7th edition, West Publishing: 2004).
- Update, Fall 2004, Administrative Law: A Casebook (Bernard Schwartz & Roberto Corrada, 5th ed.). (2004).
- Osmotic Borders: Thinking Locally, Thinking Globally About the Causes and Effects of Labor Migration, 13 BERKELEY LA RAZA LAW JOURNAL 311 (2003).
- The Supreme Court and Title VII's Religion Provision, Liberty Magazine (Seventh Day Adventists' Magazine) January/February 2003.
- Comment on The Ethics of Comparison: A Statistician Wrestles with the Orthodoxy of a Control Group, by John P. Holcomb, Jr., in Ethics of Inquiry: Issues in the Scholarship Of Teaching And Learning (Carnegie Foundation for the Advancement of Teaching: 2002).
- Using Technology to Support Active Learning in a Labor Law Classroom, in WAYFARER: CHARTING ADVANCES IN SOCIAL SCIENCES AND HUMANITIES COMPUTING (CD-Rom, University of Illinois Press: 2002).
- Proceedings of the 2000 Annual Meeting of the Association of American Law Schools Section on Law and Religion: Religion in the Workplace, 4 Employee Rights and Employment Policy Journal 89 (2000).
- Familiar Connections: A Personal Re/View of Latino/a Identity, Gender, and Class Issues in the Context of the Labor Dispute Between Sprint and La Conexion Familiar, 53 U. Miami L. Rev. 1065 University of Miami Law Review July, 1999.
- The Arbitral Imperative iIn Labor and Employment Law, 47 Cath. U. L. Rev. 919 Catholic University Law Review Spring 1998 Taft-Hartley Symposium: The First Fifty Years.
- A Simulation of Union Organizing in a Labor Law Class, 46 J. Legal Educ. 445 Journal of Legal Education September, 1996 Development.
- Claiming Private Law for the Left: Exploring Gilmer's Impact and Legacy, 73 Denv. U. L. Rev. 1051 Denver University Law Review 1996 Labor/Employment Law.
- Religious Accommodation and the National Labor Relations Act, 17 Berkeley J. Emp. & Lab. L. 185 Berkeley Journal of Employment and Labor Law 1996.
- Justifying A Search for s Unifying Theory of Unconstitutional Conditions, 72 Denv. U. L. Rev. 1011 Denver University Law Review 1995 Symposium.
- Of Heterosexism, National Security, and Federal Preemption: Addressing the Legal Obstacles to a Free Debate About Military Recruitment at Our Nation's Law Schools, 29 Hous. L. Rev. 301 Houston Law Review Summer, 1992.
- Director, Office of Workers' Compensation Programs v. Perini North River Associates: Judicial Dilution of the Longshoremen's and Harbor Workers' Compensation Act's `Status' Requirement, 33 Catholic University Law Review 245 (1983), reprinted in 1984 National Insurance Law Review 163 (Spring 1984).
- Transforming Legal Education as an Imperative in Today's World: Leadership and Curricular Change (with Kenneth Margolis), in BUILDING ON BEST PRACTICES: TRANSFORMING LEGAL EDUCATION IN A CHANGING WORLD (Deborah Maranville et al., eds.) (Lexis 2015).
- Rethinking the Curriculum for Balance (with Kenneth Margolis), in BUILDING ON BEST PRACTICES: TRANSFORMING LEGAL EDUCATION IN A CHANGING WORLD (Deborah Maranville et al., eds.) (Lexis 2015).
- Analyzing Carnegie's Reach: The Contingent Nature of Innovation, co-authored with Stephen Daniels and William M. Sullivan, 63 Journal of Legal Education 585 (2014).
- Understanding the Costs of Experiential Legal Education, 1 J. Experiential Educ. 28 (Winter 2014-2015) (peer reviewed).
- Facilitating Better Law Teaching – Now, 62 Emory Law Journal 823 (2013).
- Teaching Professional Identity in Law School, 42 The Colorado Lawyer, Issue 10 (October 2013).
- Hoisted by their Own Petard: Struve Applies Pretext Analysis to the Court, Finds Justices’ Motives Questionable, http://worklaw.jotwell.com/ (January 21, 2011).
- Gross Disunity, 114 Penn. St. L. Rev. 857 (2010).
- Boumediene, Guantanamo and Jurisdiction Stripping: The Imperial President Meets the Imperial Court, 25 Constitutional Commentary 377(2009) (peer reviewed).
- Unifying Disparate Treatment (Really), 59 Hastings Law Journal 643 (2008).
- No Intent, No Foul? Unconscious Bias in Employment Decisions, 30 Legal Times, No. 21, p.35 (May 21, 2007).
- Reclaiming McDonnell Douglas, 83 Notre Dame Law Review 109 (2007).
- The Fundamental Incoherence of Title VII: Making Sense of Causation in Disparate Treatment Law, 94 Georgetown Law Journal 489 (2006).
- Reconsidering Attraction in Sexual Harassment, 79 Indiana Law Journal 101 (2004).
- Just When You Thought it was Safe . . . Nannygate II: The Sequel, 23 Colo. Lawyer 581 (March 1994).
- The Economics of Discrimination: The Three Fallacies of Croson, 100 Yale Law Journal 1033 (1991).
- Insurance and the Limits of Rational Discrimination, 8 Yale Law & Policy Review 436 (1990).
- A Founding Failure of Enforcement: Freedmen, Day Laborers, and the Perils of an Ineffectual State, 18 CUNY L. Rev. ___ (forthcoming 2015).
- The 'Plus One' Clinic: Adding (Political) Value to the Clinical Experience by Representing Landlords Alongside Tenants, 18 Clinical L. Rev. 245 (2012).
- A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison? , W18 Wm. & Mary Bill Rts. J. 395 (2009).
- Stacking the Deck: Privileging “Employer Free Choice” over Industrial Democracy in the Card Check Debate, 87 Neb. L. Rev. 329 (2008).
Ronald V. Yegge Clinical Director and Associate Professor
Law School Clinical Program
- Seeking Integrity: Learning Integratively from Classroom Controversy , co-authored with Patti Alleva, 42 Southwestern Law Review 355 (2012 - 2013).
- Requiring the State to Justify Supermax Confinement for Mentally III Prisoners: A Disability Discrimination Approach, co-authored with Brittany Glidden, 90 Denver L. Rev. 55 (2013).
- Preferring Order to Justice, co-authored with Jeanne Theoharis, 61 American University Law Review 1331 (2012).
- The Unforeseen Ethical Ramifications of Classroom Faculty Participation in Law School Clinics, 75 U. CIN. L. REV. 1113 (2007).
- Disability, Equality & Identity, 55 Alabama L. Rev. 1043 (2004) (reprinted in part in EMPLOYMENT DISCRIMINATION LAW: CASES, PROBLEMS AND CRITICAL PERSPECTIVES (Prentice Hall 2005)).
- Perpetuating Stigma: Client Identity in Disability Rights Litigation, 247 Utah Law Review (2001).
Hartje & Reese LP Chair and Professor of the Practice of Law
- The New 1L: First-Year Lawyering with Clients, co-authored with Eduardo R.C. Capulong, Michael A. Millemann, Sara Rankin, (Carolina Academic Press) (April 23, 2015).
- Student, Esquire?: The Practice of Law in the Collaborative Classroom, Clinical Law Review (2014).
- Scheduling Shortfalls: Hours Parity as the New Pay Equity, co-authored with Nancy Reichman, Villanova Law Review, Vol. 59, No. 1 (2014).
- Stabilizing Low-Wage Work: Legal Remedies for Unpredictable Work Hours and Income Instability, co-authored with Charlotte Alexander and Anna Haley-Lock , (2013).
- Same Law, Different Day: The Last Thirty Years of Wage Litigation and Its Impact on Low-Wage Workers, 31 Hofstra Labor & Employment Law Journal (2013).
- 'Sexting’ and Surveillance: How Smartphones Change Workplace Harassment, 90 Denver University Law Review Online, Issue 7 (2013).
- What’s Left to Remedy Wage Theft? How Arbitration Mandates that Bar Class Actions Impact Low-Wage Workers, 2012 Michigan State Law Review 1103 (2013).
- The Second-Class Class Action: How Courts Thwart Wage Rights by Misapplying Class Action Rules, co-authored with Scott Moss, 61 American University Law Review 523 (2012).
- Minimum Wage Requirements, chapter in Cumulative Supplement to The Fair Labor Standards Act, 2nd edition (BNA Books) (2012).
- Experiential Learning in the First-Year Curriculum: The Public Interest Partnership, 8 Legal Comm. & Rhetoric: JALWD 191 (2011).
- Facilitating Wage Theft: How Courts Use Procedural Rules to Undermine Substantive Rights of Low-Wage Workers, 63 Vand. L. Rev. 727 (2010).
- The Justices Find Religion: Why the Supreme Court Ought to Expand Religious Accommodation Rights, 92 Marquette Law Review (2008).
- When Good Deeds are Punished: The Legal Landscape of Retaliation and Whistleblowing, co-authored with Larry Moy, 745 PLI/Lit. 581 (2006).
- Bringing Sense to Incentives: Harmonizing Courts' Chaotic Caselaw on Class Action Incentive Payments, 10 Employee Rights and Employment Policy Journal 101 ( 2006).
- Advanced Litigation Issues Under the Fair Labor Standards Act, co-authored with Adam Klein, American Bar Association Conference for Section on Labor & Employment (Summer 2003).
- Marshalling the Evidence in Employment Discrimination Cases: A Perspective from the Plaintiff's Bar, Practising Law Institute PLI Order No. H0-00AL June 2001 Litigating Employment Discrimination Cases 2001 Wayne N. Outten Parisis G. Filippatos Scott Moss.
- Overview of Workplace Claims in New York: Perspective of Employees', Practising Law Institute PLI Order No. H0-00AP October 2001 30th Annual Institute on Employment Law COUNSEL Wayne N. Outten Anne Golden Parisis G. Filippatos Jack A. Raisner Scott Moss.
- Practice Pointers on Opposeing the Affirmative Defense that the Employer Took Reasonable Steps to Prevent Sexual Harassment: Perspective of a Plaintiff's Attorney, Practising Law Institute PLI Order No. H0-00BA June 2001 Avoiding & Litigating Sexual Harassment Claims 2001 Wayne N. Outten Scott Moss.
Assoc Dean of Institutional Diversity and Inclusiveness, Professor
- Brief of Amici Curiae Scholars of the Constitutional Rights of Children in Support of Petitioners in Obergefell v. Hodges co-authored with Lauren Fontana, Tanya Washington and Susannah Pollvogt, (March 9, 2015).
- Brief for Amici Curiae Scholars of the Constitutional Rights of Children in Support of Respondent Edith Windsor Addressing the Merits and Supporting Affirmance, co-authored with Jay Brown, Kyle Velte, Susannah Pollvogt, Tanya Washington, (2015).
- Children as Proto-Citizens: Equal Protection, Citizenship, and Lessons from the Child-Centered Cases, co-authored with susannah pollvogt, UC Davis Law Review, Forthcoming.
- Equal Protection for Children of Same-Sex Parents, 90 Washington University Law Review 1589 (2013).
- Amicus Brief of Scholars of the Constitutional Rights of Children, co-authored with Susannah Pollvogt , Tanya Washington, filed in United States v. Windsor, No. 12-307 (2013), reprinted in 17 J. Gender, Race & Just. 467 (2014).
- Foreword to Social Class, Race and Legal Education, co-authored with Joyce Sterling, 88 Denv. U. L. Rev. (2012).
- Seven Principles: Increasing Access to Law School Among Students of Color, 96 Iowa Law Review 1677 (2011).
- The Rights of the Child, 88 Denv. U. L. Rev. Online (2011).
- Equal Protection for Children of Gay and Lesbian Parents: Challenging the Three Pillars of Exclusion - Legitimacy, Dual-Gender Parenting, and Biology, 28 Law and Inequality 307 (2010) Selected as one of the best sexual orientation law review articles of 2010 by the Williams Institute, UCLA Law School; Reprinted in 10 Dukeminer L.J. 97 (2011).
- A Cautionary Tale: Obama’s Coalition, Anti-Subordination Principles and Proposition 8, 86 DENV. UNIV. L. REV. 819 (2008-2009).
- Unconscious Bias and “Outsider” Interest Convergence, 40 CONN. L. REV. 1077 (2008).
- John Calmore’s America, co-authored with Robert Chang, 86 N.C. L. REV. 739 (2008).
- Queer as Black Folk?, 2007 Wis. L. Rev.
- Peace and Protest: Can city officials force protesters to identify themselves by name?, INTELLIGENCE REPORT, No. 121, Spring 2006.
- The Group Dangers of Race-Based Conspiracies, 59 Rutgers Law Review 55 (2006).
- Citizens' Unrest: In Arizona, a county prosecutor opens the door for vigilante justice, INTELLIGENCE REPORT, No. 120, Winter 2005.
- (Un)masking Race-Based Intra-Corporate Conspiracies Under the Ku Klux Klan Act, 11 Va. J. Soc. Pol'y & L. 129 (2004).
- Intentional Infliction of Emotional Distress: An Old Arrow Targets the New Head of the Hate Hydra, 80 Denv. U. L. Rev. 1 (2002).