Tenured and Tenure-Track Faculty
Scott Moss

Associate Professor of Law

University of Colorado Law School
451 Wolf Law Building
401 UCB
Boulder, CO  80309-0401
Phone: (303) 735-5374
E-mail: scott.moss@colorado.edu

Curriculum Vitae:  View (PDF format)

Bio:
Scott Moss teaches and studies federal litigation of public law claims. His courses include Federal Litigation Everything But the Trial, Employment Law, and Constitutional Law; he previously taught Complex Litigation, Employment Discrimination, and Economic Analysis of Law; and students have voted him the annual teaching award at the University of Colorado Law School (the Excellence in Teaching Award) and at Marquette Law School (the James D. Ghiardi Faculty Award). Most of his publications analyze and propose reforms to the prevailing federal litigation practices on discovery sequencing, summary judgment and class action motion practice, confidentiality of settlements during litigation, and damages assessments. His publications also cover substantive federal public law topics (such as the applicability of employment discrimination and First Amendment doctrine in schools, and differences between federal and state constitutional rights), as well as substantive private law topics (such as states' piecemeal exceptions to the employment-at-will rule).

Professor Moss's litigation experience includes several trials and appeals, numerous evidentiary and motion hearings, and over a dozen reported judicial decisions. His cases include representation of mostly plaintiffs, but also some defendants, in primarily federal employment and commercial lawsuits on various types of claims: discrimination and harassment; wage payment; contract breach; investment fraud; unfair competition; False Claims Act qui tam; and professional malpractice by lawyers, accountants, and industrial equipment installers. He has represented clients in non-litigation settings, including negotiating settlements privately or in mediation, and advising businesses on employment policies and particular employment decisions.

Before teaching, Professor Moss was a law clerk to U.S. District Judge Constance Baker Motley, then became the first associate at Outten & Golden LLP ("O&G"), which during his tenure as Hiring Attorney became the nation's largest employee-side employment law firm; during his five years at O&G, he also served as firm "ethics czar." Since becoming a professor, he has stayed integrated in the bar by continuing to litigate (including two trials, three appeals, and several motion arguments and depositions), by serving as a Boulder County hearing officer (presiding over the evidentiary hearing, and issuing a written decision, reviewing an employee termination); by sitting on the Board of Directors of the Colorado lawyers' chapter of the American Constitution Society; and by planning and speaking at CLE events for the ABA Section on Labor & Employment, the Colorado Bar Association, and the National Employment Lawyers Association.

Professor Moss's recent organizational roles have included chairing Colorado Law's Admissions and Careers Committee for several years, serving on the Dean's Policy, Management, and Budget Committee for several years, serving as an officer of the American Association of Law Schools (AALS) Section on Litigation, chairing the AALS Section on Employment Discrimination, and planning and hosting several academic conferences and events: the Annual Labor & Employment Law Colloquium (which he co-founded in 2006), the Midwest Law & Economics Association Annual Meeting (which he hosted in 2010), and various American Association of Law Schools (AALS) annual meeting events since 2008.

Professor Moss received his J.D. (magna cum laude) from Harvard Law School, where he served as Senior Editor on the Harvard Civil Rights-Civil Liberties Law Review; his B.A. (Economics) and M.A. (Media Studies) are from Stanford University.


Articles

Casebook: Richard Carlson & Scott A. Moss, Employment Law (Aspen / Wolters Kluwer; 3d ed., forthcoming 2013).
Moss (with Nantiya Ruan), The Second-Class Class Action: How Courts Thwart Wage Rights by Misapplying Class Action Rules, 61 American U. L. Rev. 523-583 (2011).
The Overhyped Path from Tinker to Morse: How the Student Speech Cases Show the Limits of Supreme Court Decisions - for the Law and for the Litigants, 64 Florida L. Rev. 1407-57 (2011) (Winner, Annual Scholarship Award, Byron White Center for American Constitutional Law).
The Story of Tinker v. Des Moines to Morse v. Frederick: Similar Stories of Very Different Results for Very DifferentStudentSpeech: Chapter 14 in Garnett&Koppelman,FirstAmendmentStories (Foundation Press 2011).
Yes, Labor Markets Are Flawed - But So Is the Economic Case for Mandating Employee Voice in Corporate Governance, 94 Marq. L. Rev. 933-953 (2011) (invited symposium contribution).
Litigation Discovery Cannot Be Optimal but Could Be Better: The Economics of Improving Discovery Timing in a Digital Age, 58 Duke L.J. 889 (2009).
Moss (with Peter H. Huang), How the New Economics Can Improve Discrimination Law, and How Economics Can Survive the Demise of the "Rational Actor", 51 Wm. & Mary L. Rev. 183 (2009).
The Courts under President Obama, 86 Denv. U. L. Rev. 727 (Special Issue: Obama Phenomena) (2009).
Reluctant Judicial Factfinding: When Minimalism and Judicial Modesty Go Too Far, 32 Seattle U. L. Rev. 549 (Symposium: Alternative Visions of the Judicial Role) (2009).
The Intriguing Federalist Future of Reproductive Rights, 88 B.U. L. Rev. 175 (with Douglas M. Raines) (2008).
Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 Mich. L. Rev. 867 (2007).
Students and Workers and Prisoners'Oh, My!: A Cautionary Note About Excessive Institutional Tailoring of First Amendment Doctrine, 54 UCLA L. Rev. 1635 (Symposium: Constitutional "Niches": The Role of Institutional Context in Constitutional Law). (2007). abstract
Fighting Discrimination While Fighting Litigation: A Tale of Two Supreme Courts, 76 Fordham L. Rev. 981 (2007).
Against "Academic Deference": Keeping Title VII Alive to Redress Academic Discrimination, 27 Berkeley J. Emp. & Lab. L. 1 (2006).
Where There's At-Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment at Will, 67 U. Pittsburgh L. Rev. 295 (2005).
Women Choosing Diverse Workplaces: A Rational Preference with Disturbing Implications for Both Occupational Segregation and Economic Analysis of Law, 27 Harv. Women's L. J. 1 (2004).
An Overview of Disparate Impact Litigation, Annual Civil Rights Training Institute of the NAACP Legal Defense and Education Fund, Inc. (2004).

Courses:

Fall 2014 Employment Law LAWS 6521-001
Spring 2014 Federal Litigation - Everyting But the Trial LAWS 6373-001
Spring 2014 Employment Law LAWS 6521-001
Spring 2013 Federal Litigation - Everyting But the Trial LAWS 6373-001
Spring 2013 Employment Law LAWS 6521-001