Legal Academic Writing
- “Discrimination by Algorithm: Employer Accountability for Biased Customer Reviews” in 70 UCLA Law Review (forthcoming).
- "The Sexual Harassment Loophole" in 78 Washington & Lee Law Review 155 (2021).
- "Gig-Dependence: Finding the Real Independent Contractors of Platform Work" in 39 Northern Illinois University Law Review 379 (2019) (invited symposium).
- "From Amazon to Uber: Defining Employment in the Modern Economy" in 96 Boston University Law Review 1673 (2016).
- "Marriage Equality, Workplace Inequality: The Next Gay Rights Battle" in 67 Florida Law Review 1099 (2015).
- "(Un)Equal Protection: Why Gender Equality Depends on Discrimination" in 109 Northwestern University Law Review 1 (2014).
- "Men at Work, Fathers at Home: Uncovering the Masculine Face of Caregiver Discrimination" in 24 Columbia Journal of Gender & Law 253 (2013).
- "Forced Federalism: States as Laboratories of Immigration Reform" in 62 Hastings Law Journal 1673 (2011).
- "Alien Language: Immigration Metaphors and the Jurisprudence of Otherness" in 79 Fordham Law Review 1545 (2011).
- Review of "Illegal People: How Globalization Creates Migration and Criminalizes Immigrants" by David Bacon in 63 Industrial & Labor Relations Review 357 (2010).
- "Redefining the Rights of Undocumented Workers" in 58 American University Law Review 1361 (2009).
- "Fear of Discovery: Immigrant Workers and the Fifth Amendment" in 41 Cornell International Law Journal 27 (2008).
- "A Poisoned Field: Farmworkers, Pesticide Exposure, and the Tort Recovery in an Era of Regulatory Failure" in 28 New York University Review of Law and Social Change 431 (2004).
- "Dreaming of Effective Assistance: The Awakening of Cronic's Call to Presume Prejudice from Representational Absence" in 76 Temple Law Review 827 (2003).
- "Note, 'Father Time: Flexible Work Arrangements and the Law Firm's Failure of the Family'" in 53 Stanford Law Review 967 (2001).
Essays and Other Writings
- The Uber Problem Facing Workers, CLS (Columbia Law School) BLUE SKY BLOG (May 26, 2016).
- Twenty Something, AM. LAW., Sept. 2000 (cover story).
- The Defense Rests, AM. LAW., Aug. 2000.
- Beside the Gate, a Revolving Door, AM. LAW., Aug. 2000.
- 1990-1999: The Way We Were, AM. LAW., July 2000 (with John Turrettini).
- Between Two Worlds - A Delta/Cambridge Diary, ENGLISH (University of Oregon), 1998-99.
Lectures and Presentations
- Algorithmic Discrimination and the New Supervisory Customer, Vanderbilt Law School, Oct. 15, 2021 (presented remotely).
- Algorithmic Discrimination, Faculty Development Conversation Series, Willamette University, Sept. 15, 2021.
- Parenting, Family Leave, and Flexible Work: Retaining Legal Talent in the 21st Century, Multnomah Bar Association, May 31, 2019.
- The ABCs of Gig Work: How a Novel Employment Test Could Transform the Platform Economy, Northern Illinois University College of Law, Apr. 12, 2019.
- What is Sanctuary? History & Legal Context, Santa Clara University School of Law, Apr. 21, 2017.
- Sick and Fired: The Limits of Leave Laws, Willamette University College of Law, Feb. 3, 2017.
- Penalizing Parenting, Women’s Law Caucus, March 7, 2016.
- Fathers, Mothers, and Family Responsibilities Discrimination, Mary Leonard Law Society, Oct. 20, 2015.
- Workplace Secrets, Loyalty, and Poaching: Protecting Employer Interests and Employee Liberty (Commentator), Lewis & Clark Law School, Sept. 11, 2015.
- Who Is the Caregiver? Men, Women, and Leave Differentials Based on Sex, Oregon Women Lawyers, May 9, 2014.
- Constitutional Discrimination: Equal Protection and the Case for Favoring Fathers in Parental Leave, UNLV School of Law, Sept. 27, 2013.
- Work, Family, and Microinequities, Society for Human Resource Management, Oregon State Council, Feb. 28, 2013.
- Fathers at Home, Men at Work: The Function of Masculine Norms in Caregiving Discrimination Cases, Work and Family Researchers Network Conference, June 15, 2012.
- The Elusive Grand Bargain: Why Immigration Reform Efforts Fail, League of Women Voters of Portland, Feb. 14, 2012.
- Separate Spheres No More? How the New Economy Enables Fathers to Seek Workplace Accommodations (and the Reasons They Still Don’t), Lewis & Clark Law School, Sept. 30, 2011.
- Building a Better Leave Policy, Multnomah Bar Association, Apr. 22, 2011.
- State Immigration Experimentation, Mary Leonard Law Society, Apr. 12, 2011.
- Reflections on Reshaping the Work-Family Debate: Why Men and Class Matter, UC Hastings College of Law, Oct. 28, 2010.
- Floods, Crimes, and Aliens: Representations of Immigrant Workers in the Law, Washington University School of Law, Sept. 24, 2010.
- Speaking of Immigrants, University of Connecticut School of Law, Mar. 26, 2010.
- The Future Rights of Undocumented Workers, Seton Hall Law School, Sept. 25, 2009.
- Reframing Undocumented Workers’ Rights, Northwest Junior Faculty Forum, Mar. 4, 2009.
- Labor Rights and Workplace Raids, University of San Francisco School of Law, Feb. 27, 2009.
- Immigration Status and Self-Incrimination, University of Denver College of Law, Sept. 28, 2007.
- Farmworkers and Pesticides: Manufacturer Liability and Common Law Theories, University of Oregon School of Law, Mar. 2, 2007.
- The Fifth Amendment’s Protective Function in Immigrant-Initiated Litigation, Cornell Law School, Feb. 23, 2007.
- Firms, Fathers, and Flexible Work Arrangements, Lawyers Club of San Diego, Jan. 26, 2007.
- Male Lawyers, Flexible Work Arrangements, and the Challenges of Implementation, Working Time Conference, University of San Francisco School of Law (sponsored by the Center for Worklife Law, UC Hastings College of Law), Mar. 10, 2006.
- Rights Without Remedies: Enforcing Workplace Protections for Undocumented Migrant Farmworkers, Lewis & Clark Law School, Nov. 16, 2005.
- Farmworkers and Environmental Justice, Washington State University Vancouver, Feb. 26, 2005.
- From AWPA to FIFRA: Litigating Pesticide Cases, National Farmworker Law Conference, Dec. 3, 2004.
Recent Media
- Dancers Sue Oregon Strip Clubs, Alleging Federal Wage Violations, Similar to Gig Workers, Oregonian, Sept. 10, 2021
- Columbia Sportswear CEO Praises Biden’s New Vaccine Mandates, KOIN-CBS, Sept. 10, 2021
- Oregon Trooper Posts Video from Patrol Car Defying State Vaccine Mandate, Oregonian, Sept. 2, 2021