Scott Moss

Professor of Law


Articles

The Value of the Restatement of Employment Law, Based on 50-State Empirical Analyses and the Importance of Clarifying Disputed Issues - But with Caveats About the Restatement's Imperfect Work Product, 21 Employee Rights and Employment Policy Journal. 409 (2017).
Moss (with Alexia Brunet Marks), What predicts Law Student Success? A Longitudinal Study Correlating Law Student Applicant Data and Law School Outcomes, Journal of Empirical Legal Studies 2 (June 2016).
Casebook: Richard Carlson & Scott A. Moss, Employment Law (3d ed., Aspen / Wolters Kluwer, 2013).
Bad Briefs, Bad Law, Bad Markets: Documenting the Poor Quality of Plaintiffs' Briefs, Its Impact on the Law, and the Market Failure It Reflects, 63 EMORY L.J. 59-125 (2013).
(In)Competence in Appellate and District Court Brief Writing On Rule 12 And 56 Motions, 57 N.Y.L. SCH. L. REV. 842-862 (2013) (invited symposium contribution).
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 2025 Employment Law LAWS 6521-801
Fall 2024 Employment Law LAWS 6521-801
Spring 2024 Employment Law LAWS 6521-801
Fall 2019 Wage Law and Litigation LAWS 7531-801
Spring 2019 Constitutional Law LAWS 6005-801
Fall 2018 Employment Law LAWS 6521-801
Fall 2018 Employment Law LAWS 6521-902
Spring 2018 Constitutional Law LAWS 6005-801
Spring 2018 Federal Litigation - Everyting But the Trial LAWS 6373-001
Fall 2017 Employment Law LAWS 6521-001
Fall 2017 Employment Law LAWS 6521-902
Spring 2017 Constitutional Law LAWS 6005-803
Spring 2017 Federal Litigation - Everyting But the Trial LAWS 6373-001
Fall 2016 Employment Law LAWS 6521-001
Spring 2016 Constitutional Law LAWS 6005-803
Spring 2016 Federal Litigation - Everyting But the Trial LAWS 6373-001
Fall 2015 Employment Law LAWS 6521-001
Spring 2015 Constitutional Law LAWS 6005-801
Spring 2015 Federal Litigation - Everyting But the Trial LAWS 6373-001
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 2014 Journal: University of Colorado Law Review LAWS 7896-901
Spring 2014 Journal: University of Colorado Law Review LAWS 7896-902
Spring 2014 Journal: University of Colorado Law Review LAWS 7906-901
Spring 2013 Federal Litigation - Everyting But the Trial LAWS 6373-001
Spring 2013 Employment Law LAWS 6521-001



Our Vision

With our roots in Colorado and a global outlook, we are ...

a supportive and diverse educational and scholarly community in a place that inspires vigorous pursuit of ideas, critical analysis, contemplation, and civic engagement to advance knowledge about the law in an open, just society.

Our Mission

To be an outstanding public law school that: provides students with a state-of-the-art legal education and prepares them to serve wisely and with professionalism; advances the development of knowledge through scholarship, testing of new ideas, and challenges to the status quo; and serves as a vehicle and catalyst for meaningful public service, all of which deliver high value to our students and have positive impacts?both locally and globally?on the legal profession and society.