The USD School of Law faculty publishes regularly in some of the nation's top academic journals. Check out featured scholarship from some of the most distinguished scholars in their respective fields.
Lobel, Orly
Books
- The Equality Machine: Harnessing Digital Technology for a Brighter More Inclusive Future (Public Affairs 2022)
- Employment Law (6th ed., Thomson Reuters 2019) (with Rothstein et al.)
- 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 (Kenneth Dau-Schmidt, Seth Harris & Orly Lobel eds., Edward Elgar Publishing 2009)
Journal Articles
- Oligopoly Squared: Federalism and the New Legal Landscape Tackling the Dark Web of Drug Pricing, 111 Virginia Law Review 1673 (2025)
- Technological Readiness Versus Disruption: A Framework for Assessing Distinct Artificial Intelligence Policy Strategies, 74 Emory Law Journal 1055 (2025)
- The AI Regulatory Pyramid: A Taxonomy & Analysis of the Emerging Toolbox in the Global Race for the Regulation and Governance of Artificial Intelligence, 57 Loyola of Los Angeles Law Review 859 (2025)
- Enhancing Public Access to Agency Law, 61 Harvard Journal on Legislation Online 51 (2024) (with Bell, Coglianese, Herz & Kwoka)
- The Future of Work in the Era of AI, 100 Indiana Law Journal 359 (2024)
- Why We Need a National Absolute Noncompete Ban: Restrictive Covenants from Innovation, Antidiscrimination & Competition Policy Perspectives, 34 University of Florida Journal of Law & Public Policy 269 (2024)
- Affirmatively Disclosing Agency Legal Materials, The Regulatory Review (2023)
- Banning Noncompetes is Good for Innovation, Harvard Business Review (2023) (with Mark Lemley)
- Improving the Affirmative Disclosure of Agency Legal Materials, 13 Michigan Journal of Environmental & Administrative Law 342 (2023) (with Bell, Coglianese, Herz & Kwoka)
- Remote Law: The Great Resignation, Great Gigification, Portable Benefits, and the Overdue Reshuffling of Work Policy, 63 Santa Clara Law Review 1 (2023)
- The Law of AI for Good, 75 Florida Law Review 1073 (2023)
- Biopolitical Opportunities: Between Datafication and Governance, 96 Notre Dame Law Review Reflection 181 (2021)
- Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance, 106 Minnesota Law Review 877 (2021)
- Exit, Voice & Innovation, 57 Houston Law Review 781 (2020)
- Gentlemen Prefer Bonds: How Employers Fix the Talent Market, 59 Santa Clara Law Review 663 (2020)
- Knowledge Pays: Reversing Information Flows & The Future of Pay Equity, 120 Columbia Law Review 547 (2020)
- Non-Competes, Human Capital Policy & Regional Competition, 45 Journal of Corporation Law 931 (2020)
- We Are All Gig Workers Now: Online Platforms, Freelancers and The Battles Over Employment Status and Rights During the COVID-19 Pandemic, 57 San Diego Law Review 919 (2020)
- Platform Market Power, 32 Berkeley Technology Law Journal 1051 (2018) (with Bamberger)
- The Goldilocks Path of Legal Scholarship in a Digital Networked World, 50 Loyola University Chicago Law Journal 403 (2018)
- The NFL as a Workplace: The Prospect of Applying Occupational Health and Safety Law to Protect NFL Workers, 60 Arizona Law Review 291 (2018) (with Finkel et al.)
- The DTSA and the New Secrecy Ecology, 1 Business, Entrepreneurship & Tax Law Journal 369 (2017)
- The Gig Economy and the Future of Employment and Labor Law, 51 University of San Francisco Law Review 51 (2017)
- Economic Espionage as Reality or Rhetoric: Prosperity as a Component of National Security, 20 Lewis and Clark Law Review 419 (2016) (with Dreyfuss)
- Enforceability TBD: From Status to Contract in Intellectual Property Law, 96 Boston University Law Review 869 (2016)
- The Law of the Platform, 101 Minnesota Law Review 87 (2016)
- The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property, 93 Texas Law Review 789 (2015)
- Driving Performance: A Growth Theory of Non-Compete Law, 16 Stanford Technology Law Review 833 (2013) (with Amir)
- Linking Prevention, Detection, and Whistle-Blowing: Principles for Designing Effective Reporting Systems, 54 South Texas Law Review 37 (2013)
- Liberalism and Lifestyle: Informing Regulatory Governance with Behavioral Research, European Journal of Risk Regulation 17 (2012) (with Amir)
- The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality, 88 Texas Law Review 1151 (2010) (with Feldman)
- Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations, 97 California Law Review 433 (2009)
- Lawyering Loyalties: Speech Rights and Duties within 21st Century New Governance, 77 Fordham Law Review 1245 (2009)
- Behavioral Versus Institutional Antecedents of Decentralized Enforcement in Organizations: An Experimental Approach, 2 Regulations & Governance 165 (2008) (with Feldman)
- Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy, 108 Columbia Law Review 2098 (2008) (with Amir)
- Big-Box Benefits: The Targeting of Giants in a National Campaign to Raise Work Conditions, 39 Connecticut Law Review (2007)
- The Paradox of Extra-Legal Activism: Critical Legal Consciousness and Transformative Politics, 120 Harvard Law Review 937 (2007)
- Reflections on Gender Equality and the Regulation of Sexuality in the Workplace: A Response to Kim Yuracko, 43 San Diego Law Review 899 (2006)
- Sustainable Capitalism or Ethical Transnationalism: Off-Shore Production and Economic Development, 17 Journal of Asian Economics 56 (2006)
- The Four Pillars of Work Law, 104 Michigan Law Review 1539 (2006)
- Walmartization and the Fair Share Health Care Acts, 19 St. Thomas Law Review 105 (2006) (with Contreras)
- Formulating a New Paradigm: Newness and the Ripeness of the Moment, 2005 Wisconsin Law Review 479 (2005)
- Interlocking Regulatory and Industrial Relations: The Governance of Workplace Safety, 57 Administrative Law Review 1071 (2005)
- Gender Discriminatory Behavior During Adolescence and Young Adulthood: A Developmental Analysis, 33 Journal of Youth and Adolescence (2004) (with Lobel, Nov-Krispin, Schiller & Feldman)
- Setting the Agenda for New Governance Research, 89 Minnesota Law Review 498 (2004)
- The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought, 89 Minnesota Law Review 342 (2004)
- Orchestrated Experimentalism in the Regulation of Work, 101 Michigan Law Review 2146 (2003)
- The Law of Social Time, 76 Temple Law Review 357 (2003)
- The Slipperiness of Stability: Contracting for Flexible and Triangular Employment Relationships in the New Economy, 10 Texas Wesleyan Law Review 109 (2003)
- Family Geographies: Global Care Chains, Transnational Parenthood, and New Legal Challenges in an Era of Labor Globalization, 5 Current Legal Issues 383 (2002)
- Agency and Coercion in Labor and Employment Relations: Four Dimensions of Power in Shifting Patterns of Work, 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, 24 Harvard Women's Law Journal 89 (2001)
Chapters of Books or Articles within Books
- Coase & the Platform Economy, in The Cambridge Handbook of the Sharing Economy (Nestor Davidson, Michele Finck & John Infranca eds., Cambridge University Press 2018)
- Behavioral Approaches to the Study of Law, in Rethinking Legal Scholarship: A Transatlantic Interchange (Hans-Wolfgang Micklitz, Ed Rubin & Rob van Gestel eds., Oxford University Press 2016)
- Behavioral Tradeoffs, in Nudge and the Law (Alberto Alemanno & Anne-Lise Sibony eds., Hart Publishing 2015) (with Feldman)
- Employment Law and Economics, in Law and Economics (Yuval Procaccia ed., 2012) (with Feldman & Lurie)
- New Governance as Regulatory Governance, in The Oxford Handbook of Governance (David Levi-Four ed., Oxford University Press 2012)
- Systems of Employee Representation: The US Report, in Employment Representation Systems Around the World (Kluwer Academic Press 2012) (with Lofaso)
- Whistleblowers and Social Enforcement, in Explaining Compliance: Business Responses to Regulation (Vibeke Nielsen & Christine Parker eds., Edward Elgar Publishing 2011) (with Feldman)
- Crowd Out or Ratcheting Up?: Fair Trade Systems, Regulation, and New Governance, in Fair Trade, Corporate Accountability and Beyond: Experiments in Globalizing Justice (Kate Macdonald ed., Ashgate Publishing 2009)
- Intellectual Property and Restrictive Covenants, in Encyclopedia of Employment Law and Economics (Kenneth Dau-Schmidt, Seth Harris & Orly Lobel eds., Edward Elgar Publishing 2009)
- National Regulation in a Global Economy: New Governance Approaches to 21st Century Work Law, in Encyclopedia of Employment Law and Economics (Kenneth Dau-Schmidt, Seth Harris & Orly Lobel eds., Edward Elgar Publishing 2009)
- Form and Substance in Labour Market Policies, in The Intersection of Rights and Regulation: New Directions in Sociolegal Scholarship (Bronwen 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 (Gráinne de Búrca & Joanne Scott eds., Hart Publishing 2006)
- Making Consumption Decisions By Following Personal Rules, in Inside Consumption: Frontiers of Research on Consumer Motives, Goals, and Desires (S. Ratneshwar & David Glen Mick eds., Routledge 2006) (with Amir & Ariely)
- Orchestrated Experimentalism in the Regulation of Work, in Employment Discrimination Law: Cases, Problems and Critical Perspectives (Janice McDonald, Frank Ravitch & Pamela 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 (Lisa Keister ed., 2004)
Other Print and Electronic Media
- How Competition Forced Barbie to Step into the 21st Century, The Hill (2023)
- The Business Case for a Nationwide Ban on Noncompetes, The Hill (2023)
- Supporting Market Accountability, Workplace Equity, and Fair Competition by Reining in Non-Disclosure Agreements, Day One Project (2022) (with Arnow-Richman, Carlson, Roginsky, Short & Starr)
- Why Your Privacy Shouldn’t Be So Private, The Hill (2022)
- Banning Noncompete Agreements to Create Competitive Job Markets, Day One Project (2021) (with Lemley)
- Should Noncompete Clauses for Executives Be Legal? No: They Reduce Wages and Job Mobility, Wall Street Journal (2021)
- 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, Casetext (2015)
- Don't Let the Law Undermine Employee Incentives, Harvard Business Review (2014) (with Bessen)
- Suppressing Mobility Suppresses Innovation, The New York Times (2014)
- My Ideas, My Boss's Property, The New York Times (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)
- How Noncompetes Stifle Innovation, Harvard Business Review (2014) (with Amir)
- Stop Trying to Control How Ex-Employees Use Their Knowledge, Harvard Business Review (2014) (with Bessen)
- Use Internships to Enhance Your Company's Footprint, The Wall Street Journal (2014)
- America's Hypocritical Approach to Economic Espionage, Fortune (2013)
- The Benefits of Talent Mobility, Businessweek (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)