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.
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
- “Exit, Voice & Innovation” in Houston Law Review (forthcoming 2020)
- “Gentlemen Prefer Bonds: How Employers Fix the Talent Market” in Santa Clara Law Review (2020)
- “Knowledge Pays: Reversing Information Flows & The Future of Pay Equity” in Columbia Law Review (2020)
- “Non-Competes, Human Capital Policy & Regional Competition” in Journal of Corporation Law (forthcoming 2020)
- “The Goldilocks Path of Legal Scholarship in a Digital Networked World” in 50 Loyola Law Review (2019)
- “Platform Market Power” in 32 Berkeley Technology Law Journal (with Kenneth A. Bamberger) (2018)
- “The NFL as a Workplace: the prospect of Applying Occupational Health and Safety Law to Protect NFL Workers” in Arizona Law Review (with Adam Finkel, Chris Deubert, Glen Cohen, and Holly Lynch) (forthcoming 2018)
- “Economic Espionage as Reality or Rhetoric: Prosperity as a Component of National Security” in Lewis and Clark Law Review (with Rochelle Dreyfuss) (2016)
- “Enforceability TBD: From Status to Contract in Intellectual Property Law, IP notice symposium ” in 96 Boston University Law Review (2016)
- “The Gig Economy and the Future of Employment and Labor Law” in University of San Francisco Law Review (2016)
- “The Law of the Platform” in Minnesota Law Review (2016)
- “The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property” in 93 Texas Law Review 789 (2015)
- “How Noncompetes Stifle Innovation” in 2014 Harvard Business Review (with Amir) (2014)
- “Driving Performance: A Growth Theory of Non-Compete Law” in 16 Stanford Technology Law Review 833 (with Amir) (2013)
- “Linking Prevention, Detection, and Whistle-Blowing: Principles for Designing Effective Reporting Systems” in 54 South Texas Law Review 37 (2013)
- “Liberalism and Lifestyle: Informing Regulatory Governance with Behavioral Research” in European Journal of Risk Regulation 17 (with Amir) (2012)
- “The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality” in 88 Texas Law Review 1151 (2010)
- “Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations” in 97 California Law Review 433 (2009)
- “Lawyering Loyalties: Speech Rights and Duties within 21st Century New Governance” in 77 Fordham Law Review (2009)
- “Behavioral Versus Institutional Antecedents of Decentralized Enforcement in Organizations: An Experimental Approach” in 2 Regulations & Governance 165 (with Feldman) (2008)
- “Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy” in 108 Columbia Law Review 2098 (with Amir) (2008)
- “Big-Box Benefits: The Targeting of Giants in a National Campaign to Raise Work Conditions” in 39 Connecticut Law Review (2007)
- “The Paradox of Extra-Legal Activism: Critical Legal Consciousness and Transformative Politics” in 120 Harvard Law Review 937 (2007)
- “Reflections on Gender Equality and the Regulation of Sexuality in the Workplace: A Response to Kim Yuracko” in 43 San Diego Law Review 899 (2006)
- “Sustainable Capitalism or Ethical Transnationalism: Off-Shore Production and Economic Development” in 17 Journal of Asian Economics 56 (2006)
- “The Four Pillars of Work Law” in 104 Michigan Law Review 1539 (2006)
- “Walmartization and the Fair Share Health Care Acts” in 19 St. Thomas Law Review 105 (with Contreras) (2006)
- “Formulating a New Paradigm: Newness and the Ripeness of the Moment” in 2005 Wisconsin Law Review 479 (2005)
- “Interlocking Regulatory and Industrial Relations: The Governance of Workplace Safety” in 57 Administrative Law Review 1071 (2005)
- “Gender Discriminatory Behavior During Adolescence and Young Adulthood: A Developmental Analysis” in 33 Journal of Youth and Adolescence (with Lobel, Nov-Krispin, Schiller, and Feldman) (2004)
- “Setting the Agenda for New Governance Research” in 89 Minnesota Law Review 498 (2004)
- “The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought” in 89 Minnesota Law Review 342 (2004)
- “Orchestrated Experimentalism in the Regulation of Work” in 101 Michigan Law Review 2146 (2003)
- “The Law of Social Time” in 76 Temple Law Review 357 (2003)
- “The Slipperiness of Stability: Contracting for Flexible and Triangular Employment Relationships in the New Economy” in 10 Texas Wesleyan Law Review 109 (2003)
- “Family Geographies: Global Care Chains, Transnational Parenthood, and New Legal Challenges in an Era of Labor Globalization” in 5 Current Legal Issues 383 (2002)
- “Agency and Coercion in Labor and Employment Relations: Four Dimensions of Power in Shifting Patterns of Work” in 4 University of Pennsylvania Journal of Labor and Employment Law 121 (2001)
- “Class and Care: The Roles of Private Intermediaries in the In-home Care Industries in the United States and Israel” in 24 Harvard Women's Law Journal 89 (2001)
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 (2016)
- High Tech Hubs & Post-Employment Restrictions: Hawaii Joins California in its Ban of Non-Competes (August 1, 2015)
- Don't Let the Law Undermine Employee Incentives Harvard Business Review (with Bessen) (October 1, 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 1, 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 at (May 1, 2017)
- at Platform Law Conference at UC Berkeley Law School (April 1, 2017)
- "Regulation of Internet Platforms" as presenter at Berkeley Center for Law & Technology Symposium at (April 1, 2017)
- "The Art of the IP Deal" at at (April 1, 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 1, 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 (December 1, 2016)
- at Fischman Anniversary Conference at Waldorf Astoria Hotel (November 1, 2016)
- "Faculty Workshop" at The Law of the Platform at Fordham University School of Law (September 1, 2016)
- Presenter at Gruter Institute Annual Conference at (May 1, 2016)
- "BYOD to Work Implications for Human Capital Law" at Employment Law and Technology Conference at Hostra University (May 1, 2016)
- "Talent Wants to Be Free" at EDC's Economic Development Committee at (May 1, 2016)
- "Faculty Workshop" as participant at at Georgetown (April 1, 2016)
- Presenter at Annual Pemberton Lecture at 9th Circuit Court of Appeals Courthouse (February 1, 2016)
- "Faculty Workshop" as participant at at Southern Methodist University (February 1, 2016)
- "Faculty Workshop" as participant at at Brigham Young University (February 1, 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 (October 1, 2015)
- "Talent Summit" as participant at at (October 1, 2015)
- "Business Law Forum" as participant at at Lewis and Clark College (September 1, 2015)
- "Faculty Workshop" as participant at at University of Iowa College of Law (September 1, 2015)
- "IP Notice" as participant at Boston Law Review Symposium at (September 1, 2015)
- "Understanding the Effect of Regulation on Innovation" as presenter at at George Washington University (March 1, 2015)
- Participant at Faculty Workshop at University of California, Berkeley (February 1, 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 1, 2014)
- "Human Capital Law" as presenter at Seoul National University at Samsung Town (November 1, 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 1, 2014)
- Participant at Faculty Workshop at Cardozo University (October 1, 2014)
- Participant at Faculty Workshop at University of Southern California (October 1, 2014)
- Participant at Book Talk at University of British Columbia (September 1, 2014)
- "Start-ups and IP" as presenter at at University of Tokyo (September 1, 2014)
- "Intellectual Property and The Courts" as presenter at Law and Society Association at (June 1, 2014)
- Participant at Faculty Workshop at Notre Dame Law School (April 1, 2014)
- "Innovation Motivation" as presenter at at (April 1, 2014)
- "Talent Wants to Be Free" as presenter at at New York University School of Law (April 1, 2014)
- "Behavioral Economics and Policy" as presenter at European University Institute at (March 1, 2014)
- "The New Cognitive Property" as presenter at at Yale Law School (March 1, 2014)
- Participant at Faculty Workshop at Thomas Jefferson School of Law (February 1, 2014)
- Participant at Faculty Workshop at University of Nevada School of Law (February 1, 2014)