Articles

PDF

Choice, Progressive Values, and Corporate Law: A Reply to Greenfield, The Delaware Journal of Corporate Law (2010)

In his recent book chapter, CORPORATE LAW AND THE RHETORIC OF CHOICE, Professor Kent Greenfield...

 

PDF

Putting the World Back Together? Recovering Faithful Citizenship in a Postmodern Age, Mississippi College Law Review (2010)

Archbishop Chaput’s book, Render Unto Caesar, signifies the continuation of an impressive and persistent debate...

 

Link

The High Costs of Shareholder Participation, University of Pennsylvania Journal of Business Law (2009)

A number of observers contend that the new literature on happiness, the product of the...

 

PDF

Reclaiming The First Amendment Through Union Dues Restrictions?, University of Pennsylvania Journal of Business and Employment Law (2008)

In its recent Davenport v. Washington Education Association decision, the United States Supreme Court unanimously...

 

PDF

Against Shareholder Participation As An End in Itself: A Treatment for McConvill's Psychonomicosis (with R. Sean Alley), Brooklyn Journal of Corporate, Financial & Commercial Law (2007)

It is possible that the director primacy model risks increased agency costs in exchange for...

 

PDF

Shaming Kindergarteners? Channeling Dred Scott? Freedom of Expression Rights in Public Schools, Catholic University Law Review (2007)

My thesis is that members of what might be called minority faiths that hold sincere...

 

OpenURL

Compulsory Unionism as a Fraternal Conceit?, University of California at Davis Business Law Journal (2007)

With the publication of Free Choice for Workers: a History of the Right to Work...

 

Link

A Clearing in the Forest: Infusing the Labor Union Dues Dispute with First Amendment Values, William & Mary Bill of Rights Journal (2006)

This article deploys public choice theory and postmodern identity claims to develop a far-reaching understanding...

 

Link

Director Primacy and Corporate Governance: Shareholder Voting Rights Captured by the Accountability/Authority Paradigm, Loyola University Chicago Law Journal (2005)

This article applies director primacy analysis to criticize the courts and the predisposition of commentators...

 

Link

Diversity, Tolerance, and Human Rights: The Future of Labor Unions and the Union Dues Dispute, Wayne Law Review (2004)

Human cultural and moral identity may be composed of many things, including religion. The Union...

 

PDF

Liberal Hegemony? School Vouchers and the Future of the Race, Missouri Law Review (2003)

More than a decade ago, Professor Girardeau Spann revealed that the Supreme Court had become...

 

OpenURL

Toward A Robust Conception of Independent Judgment: Back to the Future?, University of San Francisco Law Review (2002)

The United States Supreme Court’s decision in NLRB v. Kentucky River continues a persistent dialogue...

 

OpenURL

Presumptive Business Judgment, Substantive Good Faith, Litigation Control: The Socioeconomic Meaning of Harhen v. Brown, Journal of Corporation Law, University of Iowa (2001)

Much legal debate exists as to whether courts should engage in procedural or substantive review...

 

OpenURL

The Collision of Employment At-Will, Section 1981 and Gonzalez: Discharge, Consent and Contract Sufficiency, University of Pennsylvania Journal of Labor and Employment Law (2001)

While elegant arguments may be available arguing the economic efficiency of at-will employment or castigating...

 

OpenURL

Review Essay: The Semiotics of Labor Law, Trade Unions and Work in East Asia: International “Labor Standards” in the Mirror of Culture?, Emory International Law Review (2000)

This review essay looks at Vai Io Lo's book, Law and Industrial Relations: China and...

 

Link

Reclaiming the Labor Movement Through Union Dues? A Postmodern Perspective in the Mirror of Public Choice Theory. , University of Michigan Journal of Law Reform (2000)

The National Labor Relations Board's (NLRB) powerlessness to process dues objector cases has led to...

 

OpenURL

Subordinate or Independent, Status or Contract, Clarity or Circularity: British Employment Law, American Implications, Georgia Journal of International & Comparative Law (1999)

Given the changing nature of the working world, engaging workers cultivates contentious and consequential questions...

 

Link

Toward A Critical-Race Reformist Conception of Mininimum Wage Laws: Exploding the Power of Myth, Fantasy and Hierarchy, Harvard Journal on Legistlation (1997)

This Article calls for a rigorous examination of minimum wage regimes in light of the...

 

Unpublished Papers

PDF

Employee "Free" Choice in the Mirror of Liberty, Fairness and Social Welfare, ExpressO (2010)

The publication of Richard Epstein’s book, THE CASE AGAINST THE EMPLOYEE FREE CHOICE ACT provides...

 

PDF

Employee Free Choice or Employee Forged Choice? Race in the Mirror of Exclusionary Hierarchy, ExpressO (2009)

The Employee Free Choice Act (EFCA) is arguably the most transformative piece of labor legislation...

 

PDF

Liberty, Liberalism and Neutrality: Labor Preemption and First Amendment Values, ExpressO (2008)

In Chamber of Commerce et al v. Edmund G. Brown, the Supreme Court offers one...

 

PDF

What Workers Want or What Labor Experts Want Them to Want? (2008)

Richard B. Freeman & Joel Rodgers, offer an important addition to the industrial relations literature....

 

PDF

Work, the Social Question, Progress and the Common Good? (2008)

In Recovering Self-Evident Truths: Catholic Perspectives on American Law, editors Michael A. Scaperlanda and Teresa...