Anne Marie Lofaso

Associate Dean for Faculty Research and Development
and Professor of Law (2007)

2013 WVU Foundation Award for Outstanding Teaching
2010 WVU College of Law Professor of the Year

Education
University of Oxford, Oxford, England; D.Phil., Law, March 1997
University of Pennsylvania Law School, Philadelphia, PA; J.D., May 1991
Harvard University, Cambridge, MA; A.B., History and Science, Magna Cum Laude, June 1987

Publications

BOOKS

  • MODERN LABOR LAW IN THE PUBLIC AND PRIVATE SECTORS: CASES AND MATERIALS (Lexis Publishing, forthcoming 2013) (with S. Harris, J. Slater, and D. Gregory)
  • RELIGION IN THE PUBLIC SCHOOLS: A ROAD MAP FOR AVOIDING LAWSUITS AND RESPECTING PARENTS’ LEGAL RIGHTS (Americans United for Separation of Church and State 2009)

ARTICLES

WORKS IN PROGRESS

  • Civil Disobedience: Peaceful Solutions to Attaining Dignity and Human Autonomy at Work
  • Labor Rights as Human Rights: Regaining Autonomy and Human Dignity at the American Workplace
  • Just Cause and a Living Wage for All: The Case for Dignity
  • Workplace Dissent, Democracy, and Justice

BOOK AND ARTICLE REVIEWS

  • Public-sector Unions, Public Employees: May You Live in Interesting Times, JOTWELL (2012), reviewing Joseph E. Slater, Public Sector Labor Law in the Age of Obama, 87 IND. L. J. 189 (2012)
  • Just Notice: A Paradigm-Shifting Solution to Economic Dismissals, JOTWELL (2011), reviewing Rachel Arnow-Richman, Just Notice: Re-Reforming Employment at Will, 58 UCLA L. REV. 1 (2010)
  • Judicial Amendments Treating Citizen and Immigrant Workers Equally . . . Badly: Labor Rights Without Effective Remedies, JOTWELL (2010), reviewing Ellen Dannin, Hoffman Plastics as Labor Law—Equality at Last for Immigrant Workers? 44 U. SAN FRANCISCO L. REV. 393 (2009)

EDITED BOOKS

  • REVERSING FIELD: EXAMINING COMMERCIALIZATION, LABOR, GENDER, AND RACE IN 21ST CENTURY SPORTS LAW (with andré douglas pond cummings) (WVU Press 2010) A PRACTITIONER’S GUIDE TO APPELLATE ADVOCACY (ABA Publishing 2010)

OTHER EDITED PUBLICATIONS

  • Contributing Editor, WORKLAW JOTWELL at http://worklaw.jotwell.com/
  • Senior Editor, Keller & Darby, INTERNATIONAL LABOR & EMPLOYMENT LAWS, Vols. IIA, IIB, Third Edition (BNA Books 2008); Vol. II, Second Edition, & subsequent supplements (2006-11)
  • Contributing Editor, Hardin & Higgins, DEVELOPING LABOR LAW, Fifth Edition (BNA Books, 2006) & subsequent supplements (2007-12)

BOOK CHAPTERS AND SECTIONS

  • Chapters in REVERSING FIELD: EXAMINING COMMERCIALIZATION, LABOR, GENDER, AND RACE IN 21ST CENTURY SPORTS LAW (with andré douglas pond cummings) (West Virginia University Press 2010)
    • Reflections of a Former Athlete as a Young Woman: Growing up under Title IX
    • Overview of Labor: How the Athlete Changes the Economic Playing Field
    • Introduction to False/Positives: Debating the Merits of Drug Testing
    • Overview of Gender: Progress Riddled with Disappointment
  • Chapters in A PRACTITIONER’S GUIDE TO APPELLATE ADVOCACY (ABA Publishing 2010)
    • The Appellate Court’s Role in the Federal Judicial System
    • Professionalism and Ethics in Appellate Advocacy (with Dennis Owens)

POLICY PAPERS AND OTHER PUBLICATIONS

  • Act Are Pharmaceutical Sales Representatives Exempted from the Overtime-pay Requirements of the Fair Labor Standards Act? 39 SUPREME COURT PREVIEW 260 (ABA Publishing) (2012)
  • Promises, Promises: Assessing the Obama Administration’s Record on Labor Reform, 20 NEW LABOR FORUM 65 (2011)
  • Calling for Comparative and Interdisciplinary Study of Coal Mine Safety, ADMINISTRATIVE & REGULATORY LAW NEWS (ABA Publishing Fall 2010)
  • Did Congress Authorize the NLRB To Decide Cases with only Two Sitting Board Members, Where the NLRA’s Statutory Language Provides for a Three-Member Board Quorum?, 37 SUPREME COURT PREVIEW 259 (ABA Publishing March 2010)
  • The Constitutional Debate over Teaching Intelligent Design as Science in Public Schools, December 2005, http://www.acslaw.org/pdf/Intelligent_Design_White_Paper.pdf

BLOGS

LECTURES, PRESENTATIONS, WEBINARS, CONGRESSIONAL TESTIMONIES

  • Worker Voice Conference, AMERICAN CONSTITUTION SOCIETY FOR LAW AND POLICY, April 5, 2013
  • The Nature of the Law of the Workplace: Reflections on Concerted Activity, hosted by West Virginia University Philosophy Department, February 19, 2013
  • Corporate Codes of Conduct, in International Employment Law: A 2012 Perspective, a webinar hosted by the KNOWLEDGE CONGRESS WEBCAST SERIES, December 5, 2012
  • Social Media and Labor Law, at WEST VIRGINIA EMPLOYMENT LAWYERS ASSOCIATION ANNUAL MEETING, Adaland, Phillipi, WV, November, 10 2012
  • When the Law is Not the Law: The Role of Unions in Paving the Way for Civil Disobedience, in Building Power Beyond the Frontiers of U.S. Labour Law, UNION FUTURES: INNOVATIONS, TRANSFORMATIONS, STRATEGIES CONFERENCE hosted by INTERNATIONAL RESEARCH CENTRE ON GLOBALIZATION AND WORK (CRIMT), Montreal, Quebec, October 25, 2012
  • Raising the Floor of Rights at Work in a Globalizing Economy, 16TH WORLD CONGRESS OF THE INTERNATIONAL LABOUR AND EMPLOYMENT RELATIONS ASSOCIATION, Philadelphia, PA, July 2-5, 2012
  • The Modern Employment Relationship: The Case for a Rights-Based Legal Status of the Working Class, in Beyond Master and Servant, at THE 2010 WORKING CLASS STUDIES ASSOCIATION CONFERENCE: HOW CLASS WORKS, SUNY—Stony Brook, Stony Brook, NY, June 7-9, 2012
  • Lessons from the Boeing Case: What You Can and Can’t Do About Union Activity, BNA-sponsored webinar, April 4, 2012
  • The Role of Law in Creating the Good Employer, presented at SUBTERRANEAN FIRE: THE LABOR MOVEMENT IN HARDTIMES, 2012 UNITED ASSOCIATION FOR LABOR EDUCATION (UALE) CONFERENCE, March 23, 2012, Pittsburgh, PA
  • Labor Rights as Human Rights: Regaining Autonomy and Human Dignity at the American Workplace, presented on panel, Comparative Human Rights in the Workplace, at FAULTLINES AND BORDERLINES IN LABOUR LAW: THE FUTURE OF THE WAGNER ACT IN CANADA AND THE UNITED STATES, University of Western Ontario, London, Ontario, Canada, March 3, 2012
  • System of Employee Representation at the Enterprise: The US Report, presented at THE JAPANESE INSTITUTE FOR LABOUR POLICY & TRAINING (JILPT), TOKYO COMPARATIVE LABOR LAW SEMINAR, February 28-29, 2012, (with Orly Lobel)
  • Civil Disobedience: Peaceful Solutions to Attaining Dignity and Human Autonomy at Work, in THE ROLE OF ADR MECHANISMS IN PUBLIC SECTOR LABOR DISPUTES: WHAT IS AT STAKE, WHERE CAN WE IMPROVE, & HOW CAN WE LEARN FROM THE PRIVATE SECTOR? OHIO STATE JOURNAL ON DISPUTE RESOLUTION SYMPOSIUM, The Ohio State University, Michael E. Moritz College of Law, Columbus, Ohio, February 17, 2012
  • The Role of Law: Using Technology to Promote Coal Mine Safety, at LABOR AND EMPLOYMENT RELATIONS ASSOCIATION 64TH ANNUAL MEETING, EMPLOYMENT RELATIONS AND WORKPLACE REPRESENTATION IN THE RECOVERING ECONOMY, Chicago, IL, scheduled for January 6-8, 2012
  • The Problem of Social Cost Revisited, WVU Law Classics Workshop, December 2, 2011
  • An Inconvenient Truth: Boeing’s Decision to Move Jobs from Washington to South Carolina and the Rule of Law, WEST VIRGINIA EMPLOYMENT LAWYERS ASSOCIATION ANNUAL MEETING, Morgantown, WV, scheduled for October 27, 2011
  • Ed Baker’s Autonomy Theory of Free Speech: His Final Thoughts on Freedom of Expression, paper presented at the Inaugural C. EDWIN BAKER LECTURE ON LIBERTY, EQUALITY, AND DEMOCRACY, Morgantown, WV, October 10, 2011
  • A Bakerian Reply to Weinstein’s Critique, paper presented at the Inaugural C. EDWIN BAKER LECTURE ON LIBERTY, EQUALITY, AND DEMOCRACY, Morgantown, WV, October 10, 2011
  • Testimony on Proposed NLRB Election Rule Amendments, NLRB Public Hearing, July 18, 2011
  • Ensuring a Fair Vote in the Workplace: The Facts on the Proposed NLRB Rule on Union Elections, A CONGRESSIONAL BRIEFING SPONSORED BY AMERICAN RIGHTS AT WORK, Washington, DC, June 30, 2011
  • Exploring How Access to Education and Safe, Affordable Energy Contribute to Create a More Just Workplace, in Class, Politics, and Public Policy, at THE 2011 WORKING CLASS STUDIES ASSOCIATION CONFERENCE: WORKING CLASS ORGANIZATION AND POWER, University of Illinois—Chicago, Chicago, IL, June 25, 2011
  • Religion in the Public Schools: A Presentation to the Mt. Vernon City School Teachers, Mount Vernon, Ohio, May 25, 2011
  • The Academic Perspective: Labor Law Update from Professor Lofaso, at STEPTOE & JOHNSON LABOR DEPARTMENT TRAINING DAY, at Stonewall Jackson Resort, WV, May 6, 2011
  • Citizens United: Implications for Labor, at WEST VIRGINIA UNIVERSITY AMERICAN CONSTITUTION SOCIETY FOR LAW AND POLICY, Morgantown, WV, April 21, 2011
  • Leadership Panel, at WEST VIRGINIA UNIVERSITY INSTITUTE FOR LABOR STUDIES AND RESEARCH in partnership with the WV AFL-CIO, Lakeview Resort, WV, April 15, 2011
  • The Employment Non-Discrimination Act: Which Way Should We Go?, discussion group focusing on transgender equality at WEST VIRGINIA UNIVERSITY OUTLAW, Morgantown, WV, April 13, 2011
  • Looking Forward: Entrepreneurship, Innovation, and Job Creation, at WEST VIRGINIA SESQUICENTENNIAL SYMPOSIUM: CELEBRATING WEST VIRGINIA ENTREPRENEURSHIP, West Virginia University, Morgantown, WV, April 6, 2011
  • Just Cause and a Living Wage for All: The Case for Dignity, at THE THEOLOGY OF WORK AND DIGNITY OF WORKERS, St. John’s School of Law, Queens, NY, March 18-19, 2011
  • Labor Under Obama, paper presented at Breakfast Forum at the JOSEPH S. MURPHY INSTITUTE, CENTER FOR LABOR, COMMUNITY & POLICY STUDIES, City University of New York, NY, NY, January, 21, 2011
  • Legal Perspectives on Labor Issues Relating to Unfunded Liabilities, SYMPOSIUM ON LONG-TERM UNFUNDED AND UNDERFUNDED LIABILITIES, Erickson Alumni Center, West Virginia University, Morgantown, WV, November 11, 2010
  • Introduction to Basic Labor Law (Workshop), TWELFTH ANNUAL NATIONAL LAW STUDENTS WORKERS’ RIGHTS CONFERENCE, at The National Labor College, George Meany Campus, Silver Spring, MD, October 16, 2010
  • The Role of Employee Voice in Protecting Collective Job Security, in Class and Law I, at THE 2010 WORKING CLASS STUDIES ASSOCIATION CONFERENCE: CLASS MATTERS, SUNY—Stony Brook, Stony Brook, NY, June 4, 2010
  • The Vanishing Employee in a Segmented Market, in ON THE BOUNDARYLINES: THE EMPLOYMENT RELATIONSHIP AND THEORIES OF THE FIRM, at LAW AND SOCIETY, Chicago, Illinois, Discussant, May 30, 2010
  • The National Labor Relations Act at 75—Looking Back, Looking Forward, AMERICAN CONSTITUTION SOCIETY FOR LAW AND POLICY sponsored panel, at Economic Policy Institute, Washington, D.C., May 17, 2010, video available at http://www.americanconstitutionsociety.org/node/16126
  • The Vanishing Employee, in Structural and Administrative Reform Under the Existing NLRA, at WHITHER THE BOARD: THE NATIONAL LABOR RELATIONS BOARD AT 75—FIU LAW REVIEW SYMPOSIUM, Florida International University College of Law, Miami, Florida, March 26, 2010
  • Relevance of the Wagner Act for Resolving Today’s Job-Security Crisis, presented at Learning from the New Deal (Roundtable) at LABOR AND EMPLOYMENT RELATIONS ASSOCIATION 62ND ANNUAL MEETING, 21ST CENTURY EMPLOYMENT SYSTEMS: INNOVATION IN AN ERA OF ACCELERATING CHANGE, Atlanta, Georgia, January 4, 2010
  • Introduction to Basic Labor Law (Workshop), ELEVENTH ANNUAL NATIONAL LAW STUDENTS WORKERS’ RIGHTS CONFERENCE, at The National Labor College, George Meany Campus, Silver Spring, MD, October 17, 2009
  • E-mail Organizing in the Real and Virtual Workplaces, WEST VIRGINIA EMPLOYMENT LAWYERS ASSOCIATION ANNUAL MEETING, Morgantown, WV, October 2, 2009
  • Speaking up in Class (Panel Discussion), WVU WOMEN’S LAW CAUCUS, Morgantown, WV, September 23, 2009
  • Locke v. Karass and 14 Penn Plaza LLC v. Pyett, presented at CONSTITUTION DAY 2009 PANEL (with Professors Gerald Ashdown, Robert Bastress, and Valorie Vojdik), at West Virginia University College of Law, Morgantown, WV, September 17, 2009
  • The Nuts and Bolts of Publishing, LAW FACULTY COLLOQUIUM, West Virginia University, Morgantown, WV, September 9, 2009
  • Dissenting Speech and the Creation of a Robust Industrial Democracy, paper presented on panel Attaining and Retaining Working Rights in the New Administration—Predictions and Strategies, at THE 2009 WORKING CLASS STUDIES ASSOCIATION CONFERENCE: CLASS MATTERS, University of Pittsburgh, Pittsburgh, PA, June 6, 2009
  • Disloyalty and the Robust Democratic Workplace, paper presented on panel The New Deal for Labor Law—Strategies for Making Labor Rights Real Rights, at THE 2009 UNITED ASSOCIATION FOR LABOR EDUCATION (UALE) CONFERENCE, The National Labor College, George Meany Campus, Silver Spring, MD, April 17, 2009
  • The Role of Dissenting Speech in Creating a Robust Industrial Democracy, paper presented at LAW FACULTY COLLOQUIUM, West Virginia University, Morgantown, WV, April 1, 2009
  • The Antitrust Exemption in Labor Law: Why Is the Sports Industry Special?, Guest Lecturer, WVU College of Law Sports Law Course (Professor andré cummings, instructor), West Virginia University, Morgantown, WV, March 10 & 12, 2009
  • Darwin Fest Film Series, Inherit the Wind, Discussant (with Professor John Taylor), West Virginia University, Morgantown, WV, February 16, 2009
  • Welcome Address, Day 2, The Evolution of Street Knowledge: Hip Hop’s Influence on Law and Culture, West Virginia University, Morgantown, WV, February 13, 2009
  • The Autonomous Dignified Woman paper presented on Work-Life Balance Panel by the WVU Women’s Law Caucus, Morgantown, WV, October 29, 2008
  • September Massacre: Last Nail in the NLRA Coffin? West Virginia Employment Lawyers Association, Lewisburg, WV, October 25, 2008
  • Employment and Labor Law Supreme Court Update West Virginia Continuing Legal Education, Morgantown, WV, panel discussion, October 11, 2008
  • Sexual Harassment in the Workplace Panel Discussion presented by the WVU Women’s Law Caucus, Morgantown, WV, October 8, 2008
  • Whistling While We Work? Law, Power, and Powerlessness on the Job, at LAW AND SOCIETY, Montreal, Canada, Chair/Discussant, panel discussion May 31, 2008
  • The Role of Disloyalty in Creating a Robust Democratic Workplace, paper presented on panel Making Law, Using Law, at LAW AND SOCIETY, Montreal, Canada, May 29, 2008
  • September Massacre: The Latest Battle in the War on Workers’ Rights Under the NLRA, LAW FACULTY COLLOQUIUM, West Virginia University, Morgantown, WV, April 30, 2008
  • WEST VIRGINIA LAW REVIEW SYMPOSIUM, THINKING OUTSIDE OF THE BOX: A POST-SAGO LOOK AT COAL MINE SAFETY, PART II, Moderator, November 2, 2007
  • What You Don’t Know About the NLRA, West Virginia Employment Lawyers Association, The Woods, Berkley Springs, WV, October 27, 2007
  • Reflections of a Former Athlete, paper presented on panel Reversing Field: Purposeful Progress, at SPORTS LAW SYMPOSIUM, REVERSING FIELD: EXAMINING COMMERCIALIZATION, LABOR, AND RACE IN 21ST CENTURY SPORTS LAW, West Virginia University, Morgantown, WV, October 5, 2007
  • False/Positives: Debating the Merits of Drug Testing, at SPORTS LAW SYMPOSIUM, REVERSING FIELD: EXAMINING COMMERCIALIZATION, LABOR, AND RACE IN 21ST CENTURY SPORTS LAW, Moderator, West Virginia University, Morgantown, WV, October 5, 2007
  • Moderator, Government Religious Expression, at THE RELIGION CLAUSES IN THE 21ST CENTURY, WVU-AMERICAN CONSTITUTION SOCIETY FOR LAW AND POLICY CONFERENCE, April 13, 2007
  • Approaching Coal Mine Safety from a Comparative Law and Interdisciplinary Perspective, presented at WEST VIRGINIA LAW REVIEW SYMPOSIUM, THINKING OUTSIDE OF THE BOX: A POST-SAGO LOOK AT COAL MINE SAFETY, Morgantown, WV, March 21, 2007
  • The Art of “Intelligent Design”: How Advocates of Creationism and Its Various Incarnations Are Re-designing the Definition of Science So That Creationism May Be Taught in Public Schools at Brooklyn Law School, Brooklyn, NY, 2006
  • Ethics and the Law, University of St. Thomas, Houston, TX, 2005
  • Presenting Oral Argument, Appellate Court Branch Attorneys, National Labor Relations Board, Washington, DC, 2005 & 2003
  • Effect of Brand X on NLRB Adjudication, Appellate Court Branch Attorneys, National Labor Relations Board, Washington, DC, Sept 2005
  • Role of the NLRB in Sports Law, Guest Lecturer, Catholic University of America, Columbus School of Law, 2002
  • Oral Advocacy, Guest Lecturer, George Washington University Law School, Washington, DC, 2000
  • Job Security Rights of British and U.S. Workers: The Free Market Model at Work, Oxford Law Graduate Colloquium, Oxford, England, spring 1996
  • The Jurisprudence of Worker Autonomy: Lessons from Dworkin and Raz, Oxford Law Graduate Colloquium, Oxford, England, spring 1996
  • Traveled through England on Fulbright Scholarship, lecturing generally on U.S. government, 1993

Professional Background

  • National Labor Relations Board, Washington, D.C. Senior Attorney, Supreme Court Branch, May 2004-January 2007
  • Senior Attorney, Appellate Court Branch, March 1997-January 2007
  • The Honorable James L. Oakes, U.S. Court of Appeals for the Second Circuit Law Clerk, July 1993-August 1994
  • Milbank, Tweed, Hadley & McCloy, New York, NY Associate, Bankruptcy/Business Reorganization Department, October 1991-September 1992