Other Academic Articles

Law reviews and other pieces published in more academic venues

Search, Antitrust and the Economics of the Control of User DataYale Journal on Regulation (Vol. 30, Issue 3, 2014)

The Costs of Lost Privacy: Consumer Harm and Rising Economic Inequality in the Age of Google, William Mitchell Law Review  (Volume 40, Issue 2, 2014)

The Legal Foundations for State Laws Granting Labor Unions Access to Employer Property, Drake Law Review (Volume 61, No. 4, Summer 2014)

Labor in a Cynical Conservative Federalism World, to be published in Labor and Employment Relations Association Research (Volume  2014); The Disunited States of America: Employment Relations Systems in Conflict

Information Asymmetry: The New Inequality? in The Virtue of Enterprise, 21-25, ResPublica publication (Jan. 2014)

2005  “Using State Sovereignty and Federal Power to Undermine Workers’ Rights: Federalist Hypocrisy and the Preemption of State Labor Laws” in Awakening from the Dream: Civil Rights under Siege and the New Struggle for Equal Justice, ed. Denise C. Morgan, Rachel D. Godsil, and Joy Moses (Carolina Academic Press).

June 2005 “Is Labor Missing the Internet Third Wave?” WorkingUSA: The Journal of Labor and Society (Vol. 8, Issue 4).

2004  A New Birth of Freedom: The Forgotten History of the 13th, 14th, and 15th Amendments (w J.J. Gass).  Brennan Center for Justice publication; distributed as part of official conference & CLE materials for the 2004 and 2005 American Constitution Society national conferences.

2003 “The Conflict of the Courts: RICO, Labor, and Legal Preemption in Union Comprehensive Campaigns.” Drake Law Review (Vol 51, No. 2).

2002 “ Trade Secrets and Collective Bargaining: A Solution to Resolving Tensions in the Economics of Innovation.” Employee Rights and Employment Policy Journal (Vol. 6, No. 1).

2002  “Union and Community Mobilization in the Information Age.” Perspectives on Work: The Magazine of the Industrial Relations Research Association (vol. 6, no. 2).

2001  “Prop 13 Meets the Internet: How States and Local Government Finances are Becoming Road Kill on the Information Superhighway,” in Crypto Anarchy, Cyberstates, and Pirate Utopias, ed. Peter Ludlow.

April 1999 ” Database Protection: Rewarding Sweat or Destroying Fair Use?” Background paper prepared for Private Censorship/Perfect Choice conference sponsored by the Information Society Project at Yale Law School.

January 1995 “Building High Performance Teams in the Hotel Industry: A Case Study of the San Francisco Multi-Employer Group And the San Francisco Hotel Unions”. Contracted study for US Congress Office of Technology Assessment’s report on Technology, Jobs and Productivity in service economy.