Scott Moss

Schaden Chair in Experiential Learning, Professor of Law

University of Colorado Law School
451 Wolf Law Building
401 UCB
Boulder, CO  80309-0401
Office: 429
Phone: (303) 735-5374

Curriculum Vitae:  View (PDF format)

Scott Moss teaches Federal Litigation - Everything But the Trial (a pretrial drafting and simulations course), Employment Law, and Constitutional Law; he previously taught Complex Federal Litigation and Economic Analysis of Law. Students have voted him the annual teaching award at both Colorado Law and Marquette Law School; he also has won the University-wide Student Affairs Faculty Member of the Year Award for the support he has provided to Colorado Law students. His research publications (most of them cited below) analyze and propose reforms to federal litigation practice and procedure, including on summary judgment briefwriting, class action motion practice, discovery sequencing, settlement confidentiality, and damages assessments. He writes on substantive law as well, often analyzing inconsistencies in, and trying to harmonize, topice in federal public law (e.g., how employment discrimination and free speech law apply differently in school settings, how substantive discrimination precedents can conflict with procedural precedents, and how state and federal constitutional doctrines can interpret the same texts differently) and state private law (e.g., how states adopt and reject exceptions to employment at will inconsistently).

Moss's research, bar activities, and teaching overlap: he has co-authored a leading employment law casebook published by Aspen; he has been selected to serve as Secretary of the American Bar Association Section on Labor & Employment Law, as well as to speak at ABA Section events; he regularly writes and lectures on employment law for other national and Colorado CLE events and conventions, including those sponsored by the National Employment Lawyers Association and its Colorado chapter, the Colorado Bar Association, and others; and he has testified repeatedly before Colorado legislature committees to offer his research and analyses of proposed legislation.

A lawyer for six years before entering teaching, Professor Moss is an experienced trial and appellate litigator who continues to litigate when he can. He has been lead or co-lead counsel in a wide range of civil trials and appeals, including in the following victories for plaintiffs and defendants: a preliminary injunction against Colorado's century-old criminal statute against showing anyone a completed ballot (which led the legislature to repeal the statute); an appeal that led to the reinstatement of Colorado State Patrol Officer who had been "outed" as gay by a polygraph and then denied reinstatement; an over $20 million federal verdict in a securities fraud and fiduciary breach trial about rare coin investments; an abuse of process counterclaim verdict, under Colorado law, in defending (pro bono) a woman sued for defamation by the ex-husband she procured a restraining order against; a verdict for an immigrant cook, under federal and Colorado wage law, for unpaid wages and against an immigration fees counterclaim; a decision dismissing a qui tam claim filed against his client in retaliation for pursuing his rights; an implied covenant of good faith and fair dealing verdict against a Wall Street firm for deferred compensation and bonuses; and a federal appeal reviving a civil racketeering investment claim by one business against a competitor funded by tax fraud. He has lost about as many claims as he has won, both at trial and on appeal, because that's how litigation goes. He also has served as a Boulder County hearing officer, presiding over evidentiary submissions and testimony, and writing a binding decision, reviewing County employment decision-making. He has counseled and represented clients in non-litigation settings: negotiating settlements privately or in mediation; drafting and reviewing employment handbooks, contracts, and noncompetition provisions; and advising small businesses on employment practices, employment law compliance, and particular personnel decisions.


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).


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