Recent ​Faculty Scholarship

​Committed to the pursuit of academic excellence, the University of San Diego School of Law's faculty is recognized nationally for their scholarly impact.

USD's community of scholars author leading casebooks and treatises, scholarly monographs published by the finest university presses and influential articles in the nation's leading law reviews. Faculty members come from diverse personal, professional and academic backgrounds and include numerous former judicial clerks, practitioners from the private and public sectors as well as both sitting and former judges.

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Lobel, Orly

Books

  • You Don't Own Me: HOW MATTEL V. MGA ENTERTAINMENT EXPOSED BARBIE'S DARK SIDE (W.W. Norton and Company, forthcoming 2017)
  • Talent Wants to Be Free: Why We Should Learn to Love Leaks, Raids, and Free-Riding (Yale University Press, 2013)
  • Encyclopedia of Labor and Employment Law and Economics (Dau-Schmidt, and Harris, eds.) (Edward Elgar Publishing, 2009)
  • Employment and Labour Law (Ethics Press, 1998)

Chapters of Books or Articles within Books

  • "Coase & the Platform Economy" in Sharing Economy Handbook (Cambridge University Press, 2017)
  • "Behavioral Approaches to the Study of Law" in Rethinking Legal Scholarship: A Transatlantic Interchange (Hans-Wolfgang Micklitz, Ed Rubin, and Rob van Gestel, eds.) (Oxford University Press, 2016)
  • "Behavioral Tradeoffs" in Nudge and the Law (with Feldman) (Alemanno, and Sibony , eds.) (Hart Publishing, 2015)
  • "Employment Law and Economics" in Law and Economics (with Feldman, and Lurie) (Procaccia, ed.) (2012)
  • "New Governance as Regulatory Governance" in The Oxford Handbook of Governance (Levi-Four, ed.) (2012)
  • "Systems of Employee Representation: The US Report" in Employment Representation Systems Around the World (with Lofaso) (Kluwer Academic Press, 2012)
  • "Whistleblowers and Social Enforcement" in Explaining Regulatory Compliance (with Feldman) (Nielsen, and Parker, eds.) (Edward Elgar Publishing, 2011)
  • "Crowd Out or Ratcheting Up?: Fair Trade Systems, Regulation, and New Governance" in Fair Trade, Corporate Accountability and Beyond: Experiments in Globalizing Justice (Macdonald, ed.) (Ashgate Publishing, 2009)
  • "Intellectual Property and Restrictive Covenants" in Elgar Encyclopedia of Employment Law and Economics (Dau-Schmidt, Harris, and Lobel, eds.) (2009)
  • "National Regulation in Global Economy: New Governance Approaches to 21st Century Work Law" in Elgar Encyclopedia of Employment Law and Economics (Dau-Schmidt, Harris, and Lobel, eds.) (2009)
  • "Form and Substance in Labour Market Policies" in The Intersection of Rights and Regulation: New Directions in Sociolegal Scholarship (Morgan, ed.) (Ashgate Publishing, 2007)
  • "Rethinking Traditional Alignments: Privatization and Participatory Citizenship" in Progressive Lawyering, Globalization and Markets: Rethinking Ideology and Strategy (Clare Dalton, ed.) (2007)
  • "Governing Occupational Safety in the United States" in New Governance and Constitutionalism in Europe and the United States (De Burca, and Scott, eds.) (Hart Publishing, 2006)
  • "Making Consumption Decisions By Following Personal Rules" in Inside Consumption: Frontiers of Research on Consumer Motives, Goals, and Desires (with Amir, and Ariely) (Ratneshwar, and Mick, eds.) (Routledge Press, 2006)
  • "Orchestrated Experimentalism in the Regulation of Work" in Employment Discrimination Law: Cases, Problems and Critical Perspectives (McDonald, Ravitch, and Sumners, eds.) (Prentice Hall, 2005)
  • "Between Individualism and Solidarity: Collective Efforts for Social Reform in the Heterogeneous Workplace" in Research in the Sociology of Work (Keister, ed.) (2004)

Journal Articles

Other Print and Electronic Media

  • Why California Is Such a Talent Magnet Harvard Business Review (January 19, 2016)
  • Why California is Such a Talent Magnet Harvard Business Review (January 2016)
  • High Tech Hubs & Post-Employment Restrictions: Hawaii Joins California in its Ban of Non-Competes (August 2015)
  • Don't Let the Law Undermine Employee Incentives Harvard Business Review (with Bessen) (October 2014)
  • Suppressing Mobility Suppresses Innovation The New York Times (June 11, 2014)
  • My Ideas, My Boss's Property The New York Times (April 14, 2014)
  • Understanding the Copyright Wars: Aereo, Google, and GoldieBlox Harvard Business Review (February 2014)
  • Compensation Should be Guided by Merit The Wall Street Journal (January 23, 2014)
  • Why Noncompetes May Give You the Least Desirable Employees The Wall Street Journal (January 22, 2014)
  • Aereo Isn't Illegal Just Because It Threatens Broadcasters Harvard Business Review (2014)
  • Stop Trying to Control How Ex-Employees Use Their Knowledge Harvard Business Review (with Bessen) (2014)
  • Use Internships to Enhance Your Company's Footprint The Wall Street Journal (2014)
  • America's Hypocritical Approach to Economic Espionage Fortune (September 24, 2013)
  • The Benefits of Talent Mobility Businessweek (September 16, 2013)
  • Aggressive Talent Wars are Good for Cities Harvard Business Review (2013)
  • Filing for a Patent Versus Keeping Your Invention a Trade Secret Harvard Business Review (2013)

Presentations and Conferences

  • at Gruter Institute Annual Conference (May 2017)
  • at Platform Law Conference at UC Berkeley Law School (April 2017)
  • "Regulation of Internet Platforms" as presenter at Berkeley Center for Law & Technology Symposium (April 2017)
  • "The Art of the IP Deal" (April 2017)
  • Presenter at Implementing and Evaluating the Defend Trade Secrets Act at University of Missouri Law School (March 10, 2017)
  • Chair, moderator, and panelist at 17th Annual Women and the Law Conference at Thomas Jefferson School of Law (February 2017)
  • "Inauguration Conference of Center on Disability Law" at Loyola Law School (January 2017)
  • "The Sharing Economy" at Grand Bibliotheque du Quebec (January 2017)
  • "Workshop on Regulating the Sharing Economy " at Université de Sherbrooke - Campus de Longueuil (January 2017)
  • at Annual Meeting of Labor Law Group at UCLA Faculty Center (December 2016)
  • at Fischman Anniversary Conference at Waldorf Astoria Hotel (November 2016)
  • "Faculty Workshop" at The Law of the Platform at Fordham University School of Law (September 2016)
  • Presenter at Gruter Institute Annual Conference (May 2016)
  • "BYOD to Work Implications for Human Capital Law" at Employment Law and Technology Conference at Hostra University (May 2016)
  • "Talent Wants to Be Free" at EDC's Economic Development Committee (May 2016)
  • "Faculty Workshop" as participant at Georgetown (April 2016)
  • Presenter at Annual Pemberton Lecture at 9th Circuit Court of Appeals Courthouse (February 2016)
  • "Faculty Workshop" as participant at Southern Methodist University (February 2016)
  • "Faculty Workshop" as participant at Brigham Young University (February 2016)
  • "Faculty Scholarship" as participant at UC Irvine School of Law (January 2016)
  • "Faculty Workshop" as participant at UC Davis (2016)
  • "Faculty Workshop" at University of Michigan Law School (October 2015)
  • "Talent Summit" as participant (October 2015)
  • "Business Law Forum" as participant at Lewis and Clark College (September 2015)
  • "Faculty Workshop" as participant at University of Iowa College of Law (September 2015)
  • "IP Notice" as participant at Boston Law Review Symposium (September 2015)
  • "Understanding the Effect of Regulation on Innovation" as presenter at George Washington University (March 2015)
  • Participant at Faculty Workshop at University of California, Berkeley (February 2015)
  • "Regulation and Innovation: The Law of the Platform" as presenter at Innovation Beyond IP at Yale University (2015)
  • Participant at Faculty Workshop at Brigham Young University (November 2014)
  • "Human Capital Law" as presenter at Seoul National University at Samsung Town (November 2014)
  • "If talent wants to be free, who wins the race for talent?" as presenter at The Knowledge Summit at Harvard Club of New York (November 2014)
  • Participant at Faculty Workshop at Cardozo University (October 2014)
  • Participant at Faculty Workshop at University of Southern California (October 2014)
  • Participant at Book Talk at University of British Columbia (September 2014)
  • "Start-ups and IP" as presenter at University of Tokyo (September 2014)
  • "Intellectual Property and The Courts" as presenter at Law and Society Association (June 2014)
  • Participant at Faculty Workshop at Notre Dame Law School (April 2014)
  • "Innovation Motivation" as presenter (April 2014)
  • "Talent Wants to Be Free" as presenter at New York University School of Law (April 2014)
  • "Behavioral Economics and Policy" as presenter at European University Institute (March 2014)
  • "The New Cognitive Property" as presenter at Yale Law School (March 2014)
  • Participant at Faculty Workshop at Thomas Jefferson School of Law (February 2014)
  • Participant at Faculty Workshop at University of Nevada School of Law (February 2014)