The bepress Legal Series contains manuscripts by top scholars, many of which will eventually appear in top law reviews. Browse the most recent submissions here!
Documents from 2017
ERISA Preemption of State and Local Laws on Domestic Partnership and Sexual Orientation Discrimination in Employment, Catherine Fisk
Hollywood Writers and the Gig Economy, Catherine Fisk
Intellectual Property History as Labor History, Catherine Fisk
Law and the Evolving Shape of Labor: Narratives of Expansion and Retrenchment, Catherine Fisk
Law & Society, Catherine Fisk
Lochner Redux: The Renaissance of Laissez-Faire Contract in the Federal Common Law of Employee Benefits, Catherine Fisk
Reflections on the New Psychological Contract and the Ownership of Human Capital, Catherine Fisk
Still “Learning Something of Legislation”: The Judiciary in the History of Labor Law, Catherine Fisk
Supervisors in a World of Flat Hierarchies, Catherine Fisk
The Labor History of Intellectual Property in Writing for Film, Television, and Advertising (映画、テレビ、広告のための脚本の知的財産をめぐる労働の歴史), Catherine Fisk
The Last Article About the Language of ERISA Preemption? A Case Study of the Failure of Textualism, Catherine Fisk
The New Regime, Catherine Fisk
The People's Network: The Political Economy of the Telephone in the Gilded Age, Catherine Fisk
There Is Still So Much to Learn From Legislation, Catherine Fisk
The Story of Ingersoll-Rand v. Ciavatta: Employee Inventors in Corporate Research & Development -– Reconciling Innovation with Entrepreneurship, Catherine Fisk
Working Knowledge: Trade Secrets, Restrictive Covenants in Employment, and the Rise of Corporate Intellectual Property , 1800-1920, Catherine Fisk
Workplace Democracy and Democratic Worker Organizations: Notes on Workers Centers and Members-Only Unions, Catherine Fisk
Writing for Hire: Hollywood Writers and the On Demand Economy, Catherine Fisk
Panel 1: "Shouldn't You Be Retiring Already?": Age Stereotypes in the Modern Era, Catherine Fisk, Sarah Barber, Helen Dennis, and Dara Smith
Introduction to Symposium on Rampart Police Scandal: Policing the Criminal Justice System, Catherine Fisk and David W. Burcham
Civil Rights Without Remedies: Vicarious Liability Under Title VII, Section 1983, and Title IX, Catherine Fisk and Erwin Chemerinsky
The Failing Faith in Class Actions: Wal-Mart v. Dukes and AT&T Mobility v. Concepcion, Catherine Fisk and Erwin Chemerinsky
The Filibuster, Catherine Fisk and Erwin Chemerinsky
The Speech and Association Rights of Employees: Implications of Knox v. SEIU, Local 1000 and Harris v. Quinn, Catherine Fisk and Erwin Chemerinsky
The Story of Hoffman Plastic Compounds v. NLRB: Labor Rights without Remedies for Undocumented Immigrants, chapter 10 of Labor Law Stories and chapter 12 of Immigration Stories, Catherine Fisk, Laura Cooper, and Michael Wishnie
Working Group on Chapter 4 of the Proposed Restatement of Employment Law: The Tort of Wrongful Discipline in Violation of Public Policy, Catherine Fisk, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Roberto L. Corrada, and Pauline T. Kim
Authors at Work: The Origins of the Work-for-Hire Doctrine, Catherine L. Fisk
The Writers' Share, Catherine L. Fisk
Author Response: Law and the Problem of Embodied Knowledge, Catherine L. Fisk
Collective Actions and Joinder of Parties in Arbitration: Implications of DR Horton and Concepcion, Catherine L. Fisk
Credit Where It's Due: The Law and Norms of Attribution, Catherine L. Fisk
Employer-Provided Child Care under Title VII: Toward an Employer's Duty to Accommodate Child Care Responsibilities of Employees, Catherine L. Fisk
Foreword: Looking for a Miracle? Women, Work, and Effective Legal Change, Catherine L. Fisk
Humiliation at Work, Catherine L. Fisk
Knowledge Work: New Metaphors for the New Economy, Catherine L. Fisk
Labor Markets, Income Inequality and Globalization, Catherine L. Fisk
Privacy, Power, and Humiliation at Work: Re-Examining Appearance Regulation as an Invasion of Privacy, Catherine L. Fisk
Reimagining Collective Rights in the Workplace, Catherine L. Fisk
Removing the 'Fuel of Interest' from the 'Fire of Genius': Law and the Employee-Inventor, 1830-1930, Catherine L. Fisk
Response: Thoughts on Treating Union Representation Processes as a Market in Need of Legally Required Disclosure of Information, Catherine L. Fisk
Supervisors in a World of Flat Hierarchies, Catherine L. Fisk
The Anti-Subordination Principle of Labor Preemption, Catherine L. Fisk
The Jurisdiction of the Writers Guild to Determine Authorship of Movies and Television Programs, Catherine L. Fisk
The Role of Private Intellectual Property Rights in Markets for Labor and Ideas: Screen Credit and the Writers Guild of America, 1938-2000, Catherine L. Fisk
Union Lawyers and Employment Law, Catherine L. Fisk
Welcome, Catherine L. Fisk
Contingent Loyalty and Restricted Exit: Commentary on the Restatement of Employment Law, Catherine L. Fisk and Adam Patrick Barry
Knowledge Workers in the New Economy: From Cliché to Contract - The 26th Annual Kenneth M. Piper Lecture, Catherine L. Fisk, Greg W. Castle, and Julia A. Clark
Political Speech and Association Rights after Knox v. Seiu, Local 1000, Catherine L. Fisk and Erwin Chemerinsky
Introduction: The Enduring Power of Collective Rights, in Labor Law Stories, Catherine L. Fisk and Laura J. Cooper
Foreword: "Law As…": Theory and Method in Legal History, Catherine L. Fisk and Robert W. Gordon
The NLRB in Administrative Law Exile: Problems with Its Structure and Function and Suggestions for Reform, Catherine L. Fisk and Deborah C. Malamud
Preemption and Civic Democracy in the Battle over Wal–Mart, Catherine L. Fisk and Michael M. Oswalt
Harris v. Quinn and the Contradictions of Compelled Speech, Catherine L. Fisk and Margaux Poueymirou
First Contract Arbitration and the Employee Free Choice Act, Catherine L. Fisk and Adam R. Pulver
Restoring Equity in Right-to-Work Law, Catherine L. Fisk and Benjamin I. Sachs
Foreword: The Low–Wage Worker: Legal Rights – Legal Realities, Catherine L. Fisk, Bryan M. Seiler, and Laura J. Cooper
Imagine a World Where Employers are Required to Bargain with Minority Unions, Catherine L. Fisk and Xenia Tashlitsky
Harris v. Quinn and the Contradictions of Compelled Speech, Catherine Fisk and Margaux Poueymirou
Police Unions, Catherine Fisk and L Song Richardson
Police Unions, Catherine Fisk and L. Song Richardson
Labor Protest Under the New First Amendment, Catherine Fisk and Jessica Rutter
Story Work: Non-proprietary Autonomy and Contemporary Television Writing, Catherine Fisk and Michael Szalay
The Story of ‘Hoffman Plastic Compounds v. NLRB’: Labor Rights Without Remedies for Undocumented Immigrants, Catherine Fisk and Michael J. Wishnie
The Ethical Basis of Human Rights, Scott T. FitzGibbon
The Law Should Promote Vocation and, in that Way, Promote the Family, Scott T. FitzGibbon
The Promotion of Personhood is a Principal Good of Law, Scott T. FitzGibbon
The Social Estrangement of the Business Company, Scott T. FitzGibbon
The Principle of Subsidiarity and the Law of the Family Business, Scott T. FitzGibbon
UK Research Shows the Benefit of Therapeutic Horticulture on Women Who've Experienced Violence, Diane Fleet, Diane R. Follingstad, and Claire M. Renzetti
Defining the Field and Its Moral Challenge: Review of Colleen Murphy’s “The Conceptual Foundations of Transitional Justice", Laurel E. Fletcher
Rights Eroded: A Briefing on the Effects of Closing Space on Women Human Rights Defenders, Laurel E. Fletcher and
Working Paper: Achieving Gender Parity on International Judicial and Monitoring Bodies: Analysis of International Human Rights Law and Standards Relevant to the GQUAL Campaign, Laurel E. Fletcher and
Derecho Convencional Civil. Guía de Estudio, Carlos Alberto Flores Hernández
Derecho Convencional Civil. Guía de Estudio, Carlos Alberto Flores Hernández
Marking the Path from Law Student to Lawyer: Using Field Placement Courses to Facilitate the Deliberate Exploration of Professional Identity and Purpose, Timothy W. Floyd and Kendall L. Kerew
"The Lie, the Bigger Lie, and the Biggest Lie" - Unfair and Deceptive Trade Practices of Tripadvisor and Other Online Review Websites, Michael Flynn
The Unwritten Rules of Sports and Medical Malpractice.pdf, Michael Flynn
"You Know, It's Just Marketing" - Unfair And Deceptive Trade Practices In Car Dealer Buy-Back Offers, Michael Flynn
South Africa takes steps to adjust copyright law to the digital age, Sean Flynn
Why fears about 'fair use' copyright law are unfounded, Sean Flynn
Mental Health and False Confessions, William C. Follette, Richard Leo, and Deborah Davis
Attorneys' Fees and Chapter Choice: Exploring "No Money Down" Chapter 13 Bankruptcy, Pamela Foohey
Lender Discrimination, Black Churches, and Bankruptcy, Pamela Foohey
"No Money Down" Bankruptcy, Pamela Foohey, Robert M. Lawless, Deborah Thorne, and Katherine Porter
Introduction to 'New Governance and the Business Organization', Cristie Ford and Mary Condon
A Hierarchy of the Goals of International Criminal Courts (work in progress), Stuart Ford
Fairness and Politics at the ICTY: Evidence from the Indictments, Stuart Ford
The Meaning of Gravity (work in progress), Stuart Ford
What Investigative Resources Does the International Criminal Court Need to Succeed?: A Gravity-Based Approach, Stuart Ford
Handout - Right of Publicity (10-24-2018), William K. Ford
A Great and Good Place, David Forte
Forgotten Cases: Worthen v. Thomas and the Contract Clause, David Forte
How to Rate a President — or Not, David Forte