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, 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, 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 (2016)
  • Why California is Such a Talent Magnet Harvard Business Review (2016)
  • High Tech Hubs & Post-Employment Restrictions: Hawaii Joins California in its Ban of Non-Competes (2015)
  • Don't Let the Law Undermine Employee Incentives Harvard Business Review (with Bessen) (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 (2014)
  • Compensation Should be Guided by Merit The Wall Street Journal (2014)
  • Why Noncompetes May Give You the Least Desirable Employees The Wall Street Journal (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 at (2017)
  • at Platform Law Conference at UC Berkeley Law School (2017)
  • "Regulation of Internet Platforms" as presenter at Berkeley Center for Law & Technology Symposium at (2017)
  • "The Art of the IP Deal" at at (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 (2017)
  • "Inauguration Conference of Center on Disability Law" at at Loyola Law School (2017)
  • "The Sharing Economy" at at Grand Bibliotheque du Quebec (2017)
  • "Workshop on Regulating the Sharing Economy " at at Université de Sherbrooke - Campus de Longueuil (2017)
  • at Annual Meeting of Labor Law Group at UCLA Faculty Center (2016)
  • at Fischman Anniversary Conference at Waldorf Astoria Hotel (2016)
  • "Faculty Workshop" at The Law of the Platform at Fordham University School of Law (2016)
  • Presenter at Gruter Institute Annual Conference at (2016)
  • "BYOD to Work Implications for Human Capital Law" at Employment Law and Technology Conference at Hostra University (2016)
  • "Talent Wants to Be Free" at EDC's Economic Development Committee at (2016)
  • "Faculty Workshop" as participant at at Georgetown (2016)
  • Presenter at Annual Pemberton Lecture at 9th Circuit Court of Appeals Courthouse (2016)
  • "Faculty Workshop" as participant at at Southern Methodist University (2016)
  • "Faculty Workshop" as participant at at Brigham Young University (2016)
  • "Faculty Scholarship" as participant at at UC Irvine School of Law (2016)
  • "Faculty Workshop" as participant at at UC Davis (2016)
  • "Faculty Workshop" at at University of Michigan Law School (2015)
  • "Talent Summit" as participant at at (2015)
  • "Business Law Forum" as participant at at Lewis and Clark College (2015)
  • "Faculty Workshop" as participant at at University of Iowa College of Law (2015)
  • "IP Notice" as participant at Boston Law Review Symposium at (2015)
  • "Understanding the Effect of Regulation on Innovation" as presenter at at George Washington University (2015)
  • Participant at Faculty Workshop at University of California, Berkeley (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 (2014)
  • "Human Capital Law" as presenter at Seoul National University at Samsung Town (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 (2014)
  • Participant at Faculty Workshop at Cardozo University (2014)
  • Participant at Faculty Workshop at University of Southern California (2014)
  • Participant at Book Talk at University of British Columbia (2014)
  • "Start-ups and IP" as presenter at at University of Tokyo (2014)
  • "Intellectual Property and The Courts" as presenter at Law and Society Association at (2014)
  • Participant at Faculty Workshop at Notre Dame Law School (2014)
  • "Innovation Motivation" as presenter at at (2014)
  • "Talent Wants to Be Free" as presenter at at New York University School of Law (2014)
  • "Behavioral Economics and Policy" as presenter at European University Institute at (2014)
  • "The New Cognitive Property" as presenter at at Yale Law School (2014)
  • Participant at Faculty Workshop at Thomas Jefferson School of Law (2014)
  • Participant at Faculty Workshop at University of Nevada School of Law (2014)

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