Orly Lobel

University of San Diego School of Law

Chaired Professor of Law

5998 Alcala Park

San Diego, CA 92110-2492

United States

http://home.sandiego.edu/%7Elobel/

SCHOLARLY PAPERS

63

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30,054

SSRN CITATIONS
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Top 4,673

in Total Papers Citations

68

CROSSREF CITATIONS

223

Scholarly Papers (63)

1.

The Renew Deal: The Fall of Regulation and the Rise of Governance in Contemporary Legal Thought

Minnesota Law Review, Vol. 89, November 2004, San Diego Legal Studies Paper No. 07-27
Number of pages: 130 Posted: 16 May 2005
Orly Lobel
University of San Diego School of Law
Downloads 3,095 (4,950)
Citation 17

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administrative law, jurisprudence, legal thought, employment, enviornmental, Internet

2.

Stumble, Predict, Nudge: How Behavioral Economics Informs Law and Policy

Columbia Law Review, Vol. 108, 2009, San Diego Legal Studies Paper No. 09-006
Number of pages: 40 Posted: 21 Jan 2009
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 2,295 (8,036)
Citation 1

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behavioral economics, psychology and the law, administrative law, public policy, regulation, social norms, incentives and motivation, health law, new governance

3.

The Gig Economy & The Future of Employment and Labor Law

University of San Francisco Law Review, Forthcoming, San Diego Legal Studies Paper No. 16-223
Number of pages: 16 Posted: 10 Oct 2016 Last Revised: 14 Oct 2016
Orly Lobel
University of San Diego School of Law
Downloads 1,943 (10,549)
Citation 1

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Gig Economy, On-demand employment, Sharing Economy, Peer-to-Peer, 1099 Economy, Contingent employment, Employment law, Labor law, Labor and Employment law, Employee status, Independent contractors, Temporary employment, Part-time employment, contracts, arbitration, wage and hour, discrimination

4.

The Law of the Platform

Minnesota Law Review, 2016, San Diego Legal Studies Paper No. 16-212
Number of pages: 56 Posted: 07 Mar 2016
Orly Lobel
University of San Diego School of Law
Downloads 1,829 (11,609)
Citation 6

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intellectual property, patents, non-competes, trade secrets, employment law, human capital, incentives, experimental studies, behavioral law and economics, antitrust, competition law, innovation policy, knowledge networks, commons,contract theory, copyright, creativity, motivation

5.

Micro-Symposium on Orin Kerr's 'A Theory of Law'

Green Bag 2d, Vol. 16, No. 2, 2013, pp. 213-226, Journal of Law: A Periodical Laboratory of Legal Scholarship, Vol. 2, No. 3, 2012, pp. 487-502, George Mason Law & Economics Research Paper No. 13-05, San Diego Legal Studies Paper No. 13-105
Number of pages: 31 Posted: 18 Jan 2013 Last Revised: 22 Sep 2013
Willamette University College of Law, Florida State University - College of Law, Yale University - Law School, Case Western Reserve University School of Law, Saint Louis University - School of Law, George Mason University - Antonin Scalia Law School, Faculty, University of Chicago - Law School, Northwestern University Pritzker School of Law, Washington University in St. Louis, Duke University, Pillsbury Winthrop Shaw Pittman LLP, Harry M. Walborsky Professor, Florida State University College of Law; Associate Dean, Business Program, University of California, Berkeley School of Law, McGill University - Department of Political Science, Suffolk University Law School, University of San Diego School of Law, International Center for Law & Economics (ICLE), Marquette University - Law School, Independent, Notre Dame Law School, University of New Hampshire School of Law, Criminal Justice Legal Foundation, Berger & Montague, P .C. and Saint Louis University - School of Law
Downloads 1,763 (12,332)
Citation 1

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apps, authority, Case Western Reserve, cheap talk, citation, dialectic, doctrinal, editing, empirics, equilibrium, falsity, Felix Frankfurter, Folk Theorem, footnotes, fraud, Harvard, Lexis, narcissism, peer review, practice, recursion, second-best, solipsism, truth, Westlaw

6.

New Governance as Regulatory Governance

The Oxford Handbook of Governance, David Levi-Four, ed., 2012, San Diego Legal Studies Paper No. 12-101
Number of pages: 28 Posted: 21 Nov 2012
Orly Lobel
University of San Diego School of Law
Downloads 1,438 (16,997)
Citation 7

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regulation, governance, regulated industries, labor markets, discrimination polciy, occupational health and safety,financial compliance, compliance, enforcement, new governance, behavioral law and economics, risk regulation, healthy policy, administrative law, judgment and decision-making

7.

Platform Market Power

32 Berkeley Technology Law Journal 1051 (2017), San Diego Legal Studies Paper No. 17-311, UC Berkeley Public Law Research Paper
Number of pages: 42 Posted: 27 Nov 2017 Last Revised: 10 Sep 2018
Kenneth A. Bamberger and Orly Lobel
University of California, Berkeley - School of Law and University of San Diego School of Law
Downloads 1,343 (18,799)
Citation 6

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platforms, market power, antitrust, consumer protection, privacy, competition, big data, multisided networks, Uber, price fixing, predatory pricing, bots, digital pricing, barriers to entry, price discrimination, data collection, adjacent markets

8.

Nudging Healthy Lifestyles – Informing Regulatory Governance with Behavioural Research

European Journal of Risk Regulation, Vol. 3, No. 1, January 2012, HEC Paris Research Paper No. LAW-2013-981
Number of pages: 75 Posted: 18 Feb 2012 Last Revised: 23 May 2013
HEC Paris, University of California, San Diego (UCSD) - Rady School of Management, University of North Carolina (UNC) at Chapel Hill - Department of Philosophy, Independent, University of San Diego School of Law, University of Michigan and Rochester Institute of Technology - Department of Philosophy
Downloads 1,216 (21,794)

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Nudge, Libertarian Paternalism, Behavioral, Lifestyle, Regulation

9.

The Paradox of Extra-Legal Activism: Critical Legal Consciousness and Transformative Politics

Harvard Law Review, Vol. 120, 2007, San Diego Legal Studies Paper No. 07-75
Number of pages: 67 Posted: 17 Oct 2006
Orly Lobel
University of San Diego School of Law
Downloads 925 (32,348)

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social movements, labor and employment law, civil rights, lawyering

10.

The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property

Texas Law Review, 2015 Forthcoming, San Diego Legal Studies Paper No. 14-170
Number of pages: 66 Posted: 02 Nov 2014
Orly Lobel
University of San Diego School of Law
Downloads 906 (33,342)
Citation 9

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intellectual property, patents, non-competes, trade secrets, employment law, human capital, incentives, experimental studies, behavioral law and economics, antitrust, competition law, innovation policy, knowledge networks, commons, contract theory, copyright, creativity, motivation

11.

The Incentives Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties and Protections for Reporting Illegality

Texas Law Review, Vol. 87, May 2010, San Diego Legal Studies Paper No. 09-013
Number of pages: 49 Posted: 09 Jun 2009 Last Revised: 08 Apr 2013
Yuval Feldman and Orly Lobel
Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 726 (45,097)
Citation 21

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Social enforcement, motivation, labor, enforcement motivation, bias, regulatory design, obligations

12.

Coase and the Platform Economy

Forthcoming in Sharing Economy Handbook 2018, Cambridge University Press, Nestor Davidson, Michele Finck & John Infranca eds., San Diego Legal Studies Paper No. 17-318
Number of pages: 14 Posted: 15 Dec 2017 Last Revised: 28 Aug 2020
Orly Lobel
University of San Diego School of Law
Downloads 713 (46,215)

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Coase Theorem, Platform economy, digital platforms, transaction costs, search costs, bargaining costs, decision costs, policing costs, enforcement costs, independent contractor, employee, regulation, employment classification, platform economy

13.

Interlocking Regulatory and Industrial Relations: The Governance of Workplace Safety

Administrative Law Review, 2005, San Diego Legal Studies Paper No. 07-34
Number of pages: 88 Posted: 16 May 2005
Orly Lobel
University of San Diego School of Law
Downloads 703 (47,063)
Citation 1

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administrative law, employment law, labor law, occupational safety and health, osha, governance, new governance, coopertative regulation

14.

Intellectual Property and Restrictive Covenants

ENCYCLOPEDIA OF LABOR AND EMPLOYMENT LAW AND ECONOMICS, Dau-Schmidt, Harris & Lobel, eds., Edward Elgar Publishing, 2009 , San Diego Legal Studies Paper No. 08-059
Number of pages: 41 Posted: 17 Aug 2008
Orly Lobel
University of San Diego School of Law
Downloads 653 (51,914)

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intellectual property, employment law, human capital, labor markets, high-tech markets, information economy, mobility, innovation, growth, law and economics

15.

The Four Pillars of Work Law

Michigan Law Review, 2006, San Diego Legal Studies Paper No. 07-22
Number of pages: 22 Posted: 25 Oct 2005
Orly Lobel
University of San Diego School of Law
Downloads 608 (56,912)

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workplace, worker rights, employment law, technology, globalization, welfare, labor

Innovation Motivation: Behavioral Effects of Post-Employment Restrictions

San Diego Legal Studies Paper No. 10-32
Number of pages: 47 Posted: 14 Jul 2010 Last Revised: 22 Dec 2013
On Amir and Orly Lobel
University of California, San Diego (UCSD) - Rady School of Management and University of San Diego School of Law
Downloads 447 (82,464)

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behavioral economics, law and psychology, experimental economics, task performance, IP, employment, post-employment restrictions, labor market mobility, non-competes, EIP, motivation, contract, innovation, spillovers, human capital

Innovation Motivation: Behavioral Effects of Post-Employment Restrictions

Number of pages: 46 Posted: 05 Jul 2011
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 157 (239,782)

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human capital, employment law, contract, non-competes, intellectual property

17.

Sustainable Capitalism or Ethical Transnationalism: Off-Shore Production and Economic Development

Journal of Asian Economics, 2006, San Diego Legal Studies Paper No. 07-35
Number of pages: 8 Posted: 10 Feb 2006
Orly Lobel
University of San Diego School of Law
Downloads 463 (79,788)
Citation 1

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Corporate Social Responsibility, Labor Markets and Globalization, MNCs

18.

Setting the Agenda for New Governance Research

Minnesota Law Review, Vol. 89, p. 498, 2004, San Diego Legal Studies Paper No. 07-28
Number of pages: 9 Posted: 20 May 2005
Orly Lobel
University of San Diego School of Law
Downloads 463 (79,788)
Citation 2

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administrative law, jurisprudence, legal thought, employment, enviornmental, regulation, regulatory theory

19.

Economic Espionage as Reality or Rhetoric: Equating Trade Secrecy with National Security

Lewis & Clark Law Review, 2016, San Diego Legal Studies Paper No. 16-207
Number of pages: 46 Posted: 21 Jan 2016
Rochelle Cooper Dreyfuss and Orly Lobel
New York University - School of Law and University of San Diego School of Law
Downloads 399 (94,932)
Citation 1

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intellectual property, patents, non-competes, trade secrets, employment law, human capital, incentives, experimental studies, behavioral law and economics, antitrust, competition law, innovation policy, knowledge networks, commons, contract theory, copyright, creativity, motivation

20.

Citizenship, Organizational Citizenship, and the Laws of Overlapping Obligations

California Law Review, 2008, San Diego Legal Studies Paper No. 08-017
Number of pages: 60 Posted: 02 Apr 2008
Orly Lobel
University of San Diego School of Law
Downloads 395 (96,018)

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employment law, agencies, whistleblowing, reporting channels, speech

21.

Regulating Coexistence in the New Political-Economy: Cross-Sector Collaboration in a Workforce Development Approach

Number of pages: 73 Posted: 04 Nov 2003
Orly Lobel
University of San Diego School of Law
Downloads 395 (96,018)

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22.

Poor Consumer(s) Law: The Case of High-Cost Credit and Payday Loans

Legal Applications of Marketing Theory, Jacob Gersen & Joel Steckel, eds., Cambridge University Press (2022-2023, Forthcoming) , San Diego Legal Studies Paper No. 18-357 , Bar Ilan University Faculty of Law Research Paper No. 18-20
Number of pages: 33 Posted: 21 Aug 2018 Last Revised: 10 Sep 2021
Samuel Becher, Yuval Feldman and Orly Lobel
Victoria University of Wellington, Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 366 (104,793)

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Poor consumer, responsible lending, payday loans, consumer credit, credit contracts, consumer behavior, high cost credit, scarcity

23.

Behavioral versus Institutional Antecedents of Decentralized Enforcement in Organizations: An Experimental Approach

Regulation & Governance, Vol. 2, No. 2, pp. 165-192, 2008, San Diego Legal Studies Paper No. 07-126
Number of pages: 57 Posted: 23 Nov 2007 Last Revised: 04 Dec 2015
Yuval Feldman and Orly Lobel
Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 353 (109,113)
Citation 3

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corporate self-regulation, decentralized enforcement, motivations for social sanctioning, social norms, whistleblowing

24.

Rethinking Traditional Alignments: Privatization and Participatory Citizenship

PROGRESSIVE LAWYERING, GLOBALIZATION AND MARKETS: RETHINKING IDEOLOGY AND STRATEGY, Clare Dalton, ed.
Number of pages: 26 Posted: 21 May 2005
Orly Lobel
University of San Diego School of Law
Downloads 352 (109,448)

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Privatization, outsourcing, administrative law, education, schooling, deregulatiuon

Risk Management for the Future: Age, Risk, and Choice Architecture

7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 28 Posted: 09 Jul 2012
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 267 (146,382)

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risk, risk regulation, behavioral economics, future risk, pensions, savings, financial health, aging, cognitive depletion, retirement, experimental law and economics, intertemporal choice

Risk Management for the Future: Age, Risk, and Choice Architecture

Netspar Discussion Paper No. 12/2015-054, San Diego Legal Studies Paper No. 16-206
Number of pages: 34 Posted: 15 Jan 2016
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 80 (387,612)

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decision making, risk, aging, retirement, executive resources

26.

Driving Performance: A Growth Theory of Noncompete Law

Stanford Technology Law Review, Vol. 16, No. 3, Spring 2013, San Diego Legal Studies Paper No. 14-146
Number of pages: 43 Posted: 29 Mar 2014
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 336 (115,753)
Citation 1

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whistleblowing. employment law, reporting, incentives, experimental studies, behavioral law and economics, new governance, health policy, regulation, administrative law, governance, judgment and decision-making, consumer protection, environmental protection, financial regulation

27.

The NFL as a Workplace: The Prospect of Applying Occupational Health and Safety Law to Protect NFL Workers

Arizona Law Review, Vol. 60, p. 291, 2018, San Diego Legal Studies Paper No.18-344, Harvard Public Law Working Paper No. 18-26
Number of pages: 78 Posted: 17 Apr 2018 Last Revised: 07 Nov 2018
University of Michigan School of Public Health, Independent, University of San Diego School of Law, Harvard Law School and Department of Medical Ethics and Health Policy, Perelman School of Medicine, University of Pennsylvania
Downloads 304 (128,381)

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NFL, NFLPA, OSHA, concussions, CTE, CBA

28.

Beyond Experimentation: Governing Occupational Safety in the United States (or - Core and Periphery in Regulation Governance)

NEW GOVERNANCE AND CONSTITUTIONALISM IN EUROPE AND THE UNITED STATES, Grainne De Burca & Joanne Scott, eds., Hart Publishing, 2006, San Diego Legal Studies Paper No. 07-32
Number of pages: 29 Posted: 10 Jan 2006
Orly Lobel
University of San Diego School of Law
Downloads 301 (129,766)
Citation 1

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employment law, labor law, health and safety, administrative law, governance, OSHA, industrial relation, regulation, regulatory theory

29.

Individuals as Enforcers: The Design of Employee Reporting Systems

in EXPLAINING REGULATORY COMPLIANCE: BUSINESS RESPONSES TO LEGAL, VOLUNTARY AND TRANSNATIONAL REGULATION 263 (Christine Parker & Vibeke Nielsen eds., Elgar Press, 2012), Bar Ilan University Public Law Working Paper No. 15-10
Number of pages: 31 Posted: 24 Oct 2010 Last Revised: 11 Oct 2014
Yuval Feldman and Orly Lobel
Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 292 (133,992)
Citation 1

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30.

Liberalism and Lifestyle: Informing Regulatory Governance with Behavioural Research

The European Journal of Risk Regulation Vol. 1, pp.17 (2012), San Diego Legal Studies Paper No. 12-094
Number of pages: 19 Posted: 11 Sep 2012
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 291 (134,481)
Citation 5

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behavioral law and economics, risk regulation, new governance, health policy, regulation, administrative law, governance, judgment and decision-making, consumer protection

31.

דיני עבודה
(Employment Law and Economics)

הגישה הכלכלית למשפט 477, בעריכת אוריאל פרוקצ'יה, 2012
Number of pages: 35 Posted: 05 Nov 2013
Lilach Lurie, Orly Lobel and Yuval Feldman
Tel Aviv University - Department of Labor Studies, University of San Diego School of Law and Bar-Ilan University - Faculty of Law
Downloads 290 (134,987)

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ניתוח כלכלי של המשפט, יעילות, דיני עבודה, משפט העבודה הקיבוצי, משפט העבודה הפרטי, אפליה בעבודה, Economic Analysis of Law; Efficiency; Employment Law; Labor Law; Employment Discrimination Law

32.

National Regulation in a Global Economy: New Governance Approaches to 21st Century Work Law

ENCYCLOPEDIA OF LABOR AND EMPLOYMENT LAW AND ECONOMICS, Dau-Schmidt, Harris & Lobel, eds., Edward Elgar Publishing, 2008, San Diego Legal Studies Paper No. 08-058
Number of pages: 79 Posted: 17 Aug 2008
Orly Lobel
University of San Diego School of Law
Downloads 281 (139,411)

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globalization, national regulation, race-to-the-bottom, employment law, labor markets, new governance, growth, law and economics, empirical economics, comparative law, European union

33.

Behavioral Trade-Offs: Beyond the Land of Nudges Spans the World of Law and Psychology

San Diego Legal Studies Paper No. 14-158
Number of pages: 29 Posted: 22 May 2014 Last Revised: 16 Dec 2015
Yuval Feldman and Orly Lobel
Bar-Ilan University - Faculty of Law and University of San Diego School of Law
Downloads 270 (145,304)
Citation 2

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nudge, regulation, behavioral analysis of law, EU, expressive law, behavioral economics, psychology and law

34.

We Are All Gig Workers Now: Online Platforms, Freelancers and The Battles Over Employment Status and Rights During the COVID-19 Pandemic

San Diego Legal Studies Paper No. 20-475, San Diego Law Review, Forthcoming
Number of pages: 19 Posted: 04 Nov 2020
Orly Lobel
University of San Diego School of Law
Downloads 253 (155,157)

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employment law, classification, labor market, unemployment, jobs, cares act, benefits, gigeconomy, regulation, pandemic, covid, health and safety, labor law, gigworkers, freelancers, insurance, leave, sick leave, federal and state regulation, medical leave, stimulus, workers

35.

Knowledge Pays: Reversing Information Flows & The Future of Pay Equity

San Diego Legal Studies Paper No. 19-381, Columbia Law Review, v.120-3
Number of pages: 65 Posted: 17 Apr 2019 Last Revised: 23 Nov 2020
Orly Lobel
University of San Diego School of Law
Downloads 245 (160,095)
Citation 5

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pay equity, pay disparities, pay discrimination, #metoo, wage disparities, anchoring bias,

36.

Gentlemen Prefer Bonds: How Employers Fix the Talent Market

San Diego Legal Studies Paper No. 19-381, Santa Clara Law Review, v.59-3
Number of pages: 27 Posted: 17 Apr 2019 Last Revised: 05 Nov 2020
Orly Lobel
University of San Diego School of Law
Downloads 240 (163,338)
Citation 2

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labor market, talent, competition, unenforcable contract terms, non-competes, do not hire agreements, wage fixing, Labor Market Monopsonies, monopsonies, Non-solicitation of customers clauses, Pre-Innovation Assignment Clauses, Non Disclosure Agreements, Exit Penalties, Ex-Ante Proactive Policies

37.

Enforceability TBD: From Status to Contract in Intellectual Property Law

Boston University Law Review, Vol. 96, 2016, San Diego Legal Studies Paper No. 16-217
Number of pages: 26 Posted: 03 Jun 2016
Orly Lobel
University of San Diego School of Law
Downloads 237 (165,329)

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Intellectual Property, Patents, Non-Competes, Trade Secrets, Employment Law, Human Capital, Incentives, Experimental Studies, Behavioral Law and Economics, Antitrust, Competition Law, Innovation Policy, Knowledge Networks, Commons, Contract Theory, Copyright, Creativity, Motivation, Contract Law

38.

Big-Box Benefits: The Targeting of Giants in a National Campaign to Raise Work Conditions

Connecticut Law Review, Symposium Issue: Wal-Mart Matters, Vol. 39, 2007, San Diego Legal Studies Paper No. 07-102
Number of pages: 29 Posted: 07 May 2007
Orly Lobel
University of San Diego School of Law
Downloads 218 (179,045)

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employment law, labor law, health law, benefits, local government, social policy, social movement, civil rights, legal strategies, wal-mart

39.

Linking Prevention, Detection, and Whistle-Blowing: Principles for Designing Effective Reporting Systems

Symposium On Whistle-Blowing and the Regulation of Workplace Reporting, 54 S. Tex. L. Rev. 37 (2013), San Diego Legal Studies Paper No. 13-123
Number of pages: 19 Posted: 20 Jun 2013
Orly Lobel
University of San Diego School of Law
Downloads 217 (179,817)

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whistle-blowing, employment law, reporting, incentives, experimental studies, behavioral law and economics, new governance, health policy, regulation, administrative law, governance, judgment and decision-making, consumer protection, environmental protection, financial regulation

40.

Crowding Out or Ratcheting Up?: Fair Trade Systems, Regulation, and New Governance

FAIR TRADE, CORPORATE ACCOUNTABILITY AND BEYOND: EXPERIMENTS IN GLOBALIZING JUSTICE, Kate Macdonald, ed., Ashgate, 2009 , San Diego Legal Studies Paper No. 10-023
Number of pages: 34 Posted: 21 May 2010
Orly Lobel
University of San Diego School of Law
Downloads 216 (180,573)

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international law, governance, regulation, fair trade, soft law

41.

Systems of Employee Representation: The US Report

Systems of Employee Representation at the Enterprise: A Comparative Study (Bulletin of Comparative Labour Relations Series, Roger Blanpain, Hiroya Nakakubo and Takashi Araki Editors) (Kluwer 2012), WVU Law Research Paper No. 2013-7, San Diego Legal Studies Paper No. 13-107
Number of pages: 30 Posted: 17 Feb 2013 Last Revised: 30 Aug 2014
Orly Lobel and Anne Marie Lofaso
University of San Diego School of Law and West Virginia University - College of Law
Downloads 214 (182,134)

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employment and labor law, unions, collective bargaining, employee representation, labor markets, discrimination, occupational health and safety, NLRA, NLRB, comparative law, voice, privatization, New Deal, labor relations, industrial organization

42.

Healthy Choices: Regulatory Design and Processing Modes of Health Decisions

Number of pages: 20 Posted: 05 Jul 2011
Orly Lobel and On Amir
University of San Diego School of Law and University of California, San Diego (UCSD) - Rady School of Management
Downloads 184 (209,021)
Citation 1

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judgement and decision making, behavioral law and economics, experimental legal studies, health policy, risk processing

43.

The DTSA and the New Secrecy Ecology

Business, Entrepreneurship, & Tax Law Review, 2017, San Diego Legal Studies Paper No. 17-317
Number of pages: 21 Posted: 10 Dec 2017 Last Revised: 12 Dec 2017
Orly Lobel
University of San Diego School of Law
Downloads 156 (240,526)
Citation 3

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Defend Trade Secrets Act, DTSA, Economic Espionage Act, EEA, secrecy ecology, trade secret law, trade secrecy and innovation policy, intellectual property, Disclosure Doctrine, entrepreneurship

44.

Boilerplate Collusion: Clause Aggregation, Antitrust Law & Contract Governance

Minnesota Law Review, Forthcoming, San Diego Legal Studies Paper No. 21-009
Number of pages: 75 Posted: 02 Apr 2021 Last Revised: 22 Apr 2021
Orly Lobel
University of San Diego School of Law
Downloads 147 (252,466)

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contract clauses, boilerplate, antitrust, contract interpretation, collusion, adhesion

45.

Non-Competes, Human Capital Policy & Regional Competition

Journal of Corporation Law, Forthcoming, San Diego Legal Studies Paper No. 19-417
Number of pages: 21 Posted: 22 Oct 2019 Last Revised: 30 Jul 2020
Orly Lobel
University of San Diego School of Law
Downloads 141 (260,970)

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non-competes, human capital, non-compete clause

46.

Lawyering Loyalties: Speech Rights and Duties within 21st Century New Governance

Fordham Law Review Vol. 77, No. 4, 2010, San Diego Legal Studies Paper No. 10-022
Number of pages: 65 Posted: 21 May 2010
Orly Lobel
University of San Diego School of Law
Downloads 125 (286,224)

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Ethics, whistle blowing, reporting systems, compliance, discovery

47.

Banning Noncompete Agreements to Create Competitive Job Markets

Day One Project, January 2021, San Diego Legal Studies Paper No. 21-010
Number of pages: 16 Posted: 29 Jan 2021 Last Revised: 24 Apr 2021
Mark A. Lemley and Orly Lobel
Stanford Law School and University of San Diego School of Law
Downloads 121 (293,059)

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48.

Exit, Voice & Innovation: How Human Capital Policy Impacts Equality (& How Inequality Hurts Growth)

San Diego Legal Studies Paper No. 19-428, Houston Law Review, Vol. 57, No. 4, 2020 (article based on Lobel’s Frankel Annual Lecture accompanied by response essays by Todd Rakoff and Lisa Ouellette)
Number of pages: 32 Posted: 11 Dec 2019 Last Revised: 14 Sep 2021
Orly Lobel
University of San Diego School of Law
Downloads 117 (300,138)
Citation 1

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exit, voice, innovation, human capital, equality, inequality, growth, NDA, non disclosure, agreement, non compete agreements

49.

Regulating the Sharing Economy: Self-Governance, Efficiency & Values

China Global Law Review, Forthcoming, San Diego Legal Studies Paper No. 19-419
Number of pages: 13 Posted: 22 Oct 2019
Orly Lobel
University of San Diego School of Law
Downloads 99 (336,386)
Citation 1

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sharing economy, costs

50.

The Goldilocks Path of Legal Scholarship in a Digital Networked World

Loyola University Chicago Law Journal, Vol. 50, No. 403, 2018, San Diego Legal Studies Paper No. 19-385
Number of pages: 12 Posted: 03 May 2019
Orly Lobel
University of San Diego School of Law
Downloads 72 (407,228)

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scholarship, legal scholarship, Goldilocks Path, exchange of knowledge, law review,

51.

Family Geographies: Global Care Chains, Transnational Parenthood, and New Legal Challenges in an Era of Labour Globalization

Law and Geography, Current Legal Issues, Vol. 5, 2002
Number of pages: 22 Posted: 16 Nov 2016
Orly Lobel
University of San Diego School of Law
Downloads 72 (407,228)

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Globalization, Migrant Workforce, Migration, Family, Parenthood, Identity, Membership, Cross-Border Situations, Global Care System

52.

Biopolitical Opportunities: Between Datafication & Governance.

San Diego Legal Studies Paper No. 20-473, Notre Dame Law Review Online
Number of pages: 10 Posted: 28 Oct 2020 Last Revised: 13 May 2021
Orly Lobel
University of San Diego School of Law
Downloads 48 (494,513)

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digital, digitization, compliance, covid, competition, scraping, equality, privatization, privacy, governance,enforcement, accountability, algorithms, regulation, technology, law and technology, platforms, market concentration, antitrust, wage gaps, gender, tracking, monitoring, innovation, online

53.

The Spinoff Advantage: Human Capital Law and Entrepreneurship

Entrepreneurship and the Law (Broughman and Smith, Eds), Forthcoming, San Diego Legal Studies Paper No. 19-418
Number of pages: 11 Posted: 22 Oct 2019 Last Revised: 24 Sep 2021
Orly Lobel
University of San Diego School of Law
Downloads 40 (530,948)

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entrepreneur, human capital

54.

The Slipperiness of Stability: Contracting for Flexible and Triangular Employment Relationships in the New Economy

Texas Wesleyan Law Review, Vol. 10, No. 1, 2003
Number of pages: 30 Posted: 02 Dec 2016
Orly Lobel
University of San Diego School of Law
Downloads 39 (535,884)

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New Economy, Service Economy, Labor and Employment Law, Fair Employment Practice

55.

Agency and Coercion in Labor and Employment Relations: Four Dimensions of Power in Shifting Patterns of Work

University of Pennsylvania Journal of Labor and Employment Law (Currently University of Pennsylvania Journal of Business Law), Vol.4, No. 1, Fall 2001
Number of pages: 74 Posted: 13 Jan 2017
Orly Lobel
University of San Diego School of Law
Downloads 32 (572,693)

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Labor and Employment Law, Collective Bargaining, Employee Participation, Worker Organization, Coercion, Labor Laws and Legislation

56.

Book Review: The Law of Social Time

Temple Law Review, Vol. 76, No. 2, 2003, San Diego Legal Studies Paper
Number of pages: 25 Posted: 01 Dec 2016
Orly Lobel
University of San Diego School of Law
Downloads 32 (572,693)

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time, law and time, work life balance, temporal boundaries, spatial boundaries, social capital,

57.

Orchestrated Experimentalism in the Regulation of Work

Michigan Law Review, Vol. 101, No. 5, 2003, San Diego Legal Studies Paper No. 16-238
Number of pages: 25 Posted: 01 Dec 2016 Last Revised: 16 Dec 2016
Orly Lobel
University of San Diego School of Law
Downloads 32 (572,693)

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New Economy, Workplace Structures, Labor and Employment Law, Participatory Employment, Welfare Law, Immigration Law, Tax Law, Democratic Experimentalism

58.

Class and Care: The Roles of Private Intermediaries in the In-Home Care Industry in the United States and Israel

Harvard Journal of Law and Gender, Vol. 24, 2001 (Originally: Harvard Women's Law Journal, Vol. 24, 2001) , San Diego Legal Studies Paper No. 16-237
Number of pages: 51 Posted: 02 Dec 2016 Last Revised: 16 Dec 2016
Orly Lobel
University of San Diego School of Law
Downloads 31 (578,297)

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Child Care, Employee Rights, Worker Mistreatment, In-Home Care, Private Intermediaries, Labor Standards, Labor Law and Legislation

59.

Testifying in support of SB 906: AN ACT CONCERNING NON-COMPETES

San Diego Legal Studies Paper No. 21-008
Number of pages: 4 Posted: 26 Mar 2021 Last Revised: 24 Apr 2021
Orly Lobel and Mark A. Lemley
University of San Diego School of Law and Stanford Law School
Downloads 23 (629,428)

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noncompetes, job mobility, wages, competition, entrepreneurship, equality, labor, testimony

60.

Reflections on Equality, Adjudication, and the Regulation of Sexuality at Work: A Response to Kim Yuracko

San Diego Law Review, Vol. 43, No. 4, 2006
Number of pages: 29 Posted: 16 Nov 2016
Orly Lobel
University of San Diego School of Law
Downloads 20 (650,588)

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Bona Fide Occupational Qualification, Antidiscrimination Law, Disparate Impact, Employment Discrimination, Title VII, Title 7

61.

Wal-Martization and the Fair Share Health Care Acts

St. Thomas Law Review, Vol. 19, No. 1, Fall 2006
Number of pages: 33 Posted: 02 Dec 2016
Julia Contreras and Orly Lobel
Independent and University of San Diego School of Law
Downloads 13 (702,640)

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Fair Share Health Care Act, Employee Healthcare, Healthcare Cost, Employer Sponsored Health Insurance, Employee Retirement Income Security Act

62.

Gender Discriminatory Behavior during Adolescence and Young Adulthood: A Developmental Analysis

Journal of Youth and Adolescence, V. 33, No.6, December 2004
Number of pages: 12 Posted: 16 Nov 2016
Tel Aviv University, Department of Psychology, Tel Aviv University, Department of Psychology, tel Aviv University, Department of Psychology, University of San Diego School of Law and Tel Aviv University, Department of Psychology
Downloads 12 (710,564)

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Gender Discriminatory Behavior, Gender Role, Young Adulthood, Adolescence, Gender Sterotypes

63.

The Debate over How to Classify Gig Workers is Missing the Bigger Picture

Harvard Business Review, 2019, San Diego Legal Studies Paper No. 20-441
Posted: 31 Mar 2020
Orly Lobel
University of San Diego School of Law

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gig workers, gig economy, employees, freelancer, ABC test, digital platforms, employee rights, gig worker rights, welfare rights, wage and hour law, Dynamex Operations West Inc. v. Superior Court