Anne Lofaso
About
Anne Marie Lofaso is a Professor of Law at the University of Cincinnati College of Law, where she teaches labor law, employment law, employment discrimination law, and constitutional law. Before arriving at U.C., she was the Arthur B. Hodges Professor of Law at the West Virginia University College of Law, where she taught for over 18 years. Professor Lofaso is a labor law expert. She has authored over seventy law review articles, primarily on labor and employment law, as well as over a dozen scholarly blogs, primarily in the area of human rights, with a focus on socio-economic rights. She has co-authored two casebooks, Modern Labor Law in the Public and Private Sectors and Public Sector Employment, in addition to one textbook, Mastering Labor Law (2d ed. Forthcoming 2025).
She is the author and editor of two labor law treaties, NLRA: Law and Practice and Drafting the Union Contract, and the editor of several other books, including Title VII of the Civil Rights Act After 50 Years: Proceedings of the New York University 67th Annual Conference on Labor.
Professor Lofaso is an active public intellectual who has presented nearly two hundred lectures throughout the world and the United States, has testified before Congress on labor law issues, and has appeared in numerous news outlets such as the New York Times, Washington Times, Wall Street Journal, NPR, PBS, Bloomberg Radio, the Daily Labor Report, and Law360 to discuss labor law and constitutional law topics. She has also lectured throughout West Virginia on issues related to professionalism and ethics in the practice of law. Professor Lofaso is a former Special Government Employee who served as Vice President of the U.S. Commission on Civil Rights and as a Commissioner of the Human Rights Commission for the City of Morgantown.
She is a member of the College of Labor and Employment Lawyers and affiliated with the Oxford Human Rights Hub Blog. Professor Lofaso earned her A.B. from Harvard University, magna cum laude, J.D. from the University of Pennsylvania Carey Law School, and D.Phil. from Oxford University, where she wrote her doctoral dissertation comparing the law and underlying jurisprudence of mass economic dismissals in the U.S., Great Britain, and the European Union.
Areas of Interest
- Labor Law
- Employment Law
- Employment Discrimination
- Constitutional Law, First Amendment
- U.S. Supreme Court
- Comparative and International Labor & Employment Law
- Human Rights
- D.Phil. University of Oxford
- J.D. University of Pennsylvania Carey School of Law
- A.B. Harvard University
National Labor Relations Act: Law & Practice (Matthew Bender Elite Publ’g, 2024) (updated twice a year since 2020)
Drafting the Union Contract (Matthew Bender Elite Publ’g, Aug. 2024) (updated once a year since 2020)
Public Sector Employment: Cases and Materials (4th ed.) (West Acad. Publ’g, 2022) (with M. Malin, A. Hodges, J. Slater, J. Hirsch, M. Oswalt) and summer supplement 2023
Teacher’s Manual to Public Sector Employment: Cases and Materials (4th ed.) (West Acad. Publ’g, 2022) (with M. Malin, A. Hodges, J. Slater, J. Hirsch, M. Oswalt)
Modern Labor Law in the Public and Private Sectors: Cases and Materials (3d ed.) (Carolina Acad. Press 2020) (with S. Harris, J. Slater, C. Garden, R. Griffin) with summer supplements 2022, 2023, 2024, and 2025
Teacher’s Manual to Modern Labor Law in the Public and Private Sectors (3d ed.) (Carolina Acad. Press 2020) (with S. Harris, J. Slater, and C. Garden)
Modern Labor Law in the Public and Private Sectors: Cases and Materials (2d ed.) (Carolina Acad. Press 2016) (with S. Harris, J. Slater, C. Garden) with annual summer supplements 2017–2019 (with S. Harris, J. Slater, C. Garden, R. Griffin)
Teacher’s Manual to Modern Labor Law in the Public and Private Sectors (2d ed.) (Carolina Acad. Press 2016) (with S. Harris, J. Slater, and C. Garden)
Title VII of the Civil Rights Act After 50 Years: Proceedings of the New York University 67th Annual Conference on Labor (LexisNexis 2015)
Mastering Labor Law (Carolina Acad. Press 2014) (with P. Secunda, J. Slater, and J. Hirsch)
Modern Labor Law in the Public and Private Sectors: Cases and Materials (Lexis Publ’g 2013) (with S. Harris, J. Slater, and D. Gregory) and 2014 Supplement
Teacher’s Manual to Modern Labor Law in the Public and Private Sectors (Lexis Publ’g 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)
Beyond Loper Bright: Iterative Construction at the National Labor Relations Board, 77 U. Cal. L. J. ___ (forthcoming 2025) (with Fred Jacob)
Labor and Environment Entwined: A Radical Green New Deal and Just Transition in Appalachia, 126 W. Va. L. Rev. 723 (2025) (with Nicholas F. Stump)
The Supreme Court, The First Amendment, and The Erosion of Public Employer Managerial Authority, 101 Denver L. Rev. 521 (2024) (with Martin H. Malin)
The Dobbs Effect on West Virginia, 125 W. Va. L. Rev. 857 (2023) (with Cameron Kiner)
Alternatives to Mainstream Alternative Dispute Resolution: Eliminating Forced Arbitration Agreements as a Condition of Employment, 2022 Utah L. Rev. 1015 (2022) (with Ashley Stephens)
Employment Disputes, in Outbreak Litigation: Civil Disputes in the Age of Global Contagion, chapter 6 (eds. Samuel L. Tarry Jr. and Davis M. Walsh) (ABA Publ’g (Section of Litigation) 2021)
Say “No” to Discrimination, “Yes” to Accommodation: Why States Should Prohibit Discrimination of Workers Who Use Cannabis for Medical Purposes, 43 Seattle L. Rev. 955 (2020) (with Lakyn D. Cecil)
Leveraging Secondary Activity Within and Outside Legal Boundaries in Reviving American Labor (eds. Richard Bales and Charlotte Garden) (Cambridge University Press 2019)
Revisiting U.S. Labor Law as a Restriction to Works Councils: A Key for United States Global Competitiveness, 66 Drake L. Rev. 515 (2018) (with Neil Bucklew, Jeffery Houghton, and Nicholas DiGiovanni)
De-essentializing Appalachia: Transformative Socio-legal Change Requires Unmasking Regional Myths, 120 W.V. L. Rev 823 (2018) (symposium) (with Nicholas F. Stump)
Working for Recovery: How Civil Rights Laws Can Improve the Prospects for Successful Rehabilitation and Gainful Employment for Alcoholics and Drug Addicts, 120 W.V. L. Rev 891 (2018) (symposium) (with Samuel Brown Petsonk)
Workers’ Rights as Natural Human Rights, 71 U. Miami L. Rev. 565 (2017)
Justice Scalia’s Labor Law Jurisprudence—Justice Denied?, 21 Emp. Rts. & Emp. Pol’y J. 13 (2017)
Deflategate: What’s the Steelworkers Trilogy Got To Do with It?, 6 Berkeley J. Sports & Enter. L. 48 (2017)
Groomed for Exploitation! How Applying the Statutory Definition of Employee To Cover Division IA College Football Players Disrupts The Student-Athlete Myth, 119 W.V. L. Rev. 957 (2017)
When Do College Athletes Become University Employees? The Case of Division IA College Football in Who Is an Employee and Who Is the Employer: Proceedings of the New York University 68th Annual Conference on Labor (LexisNexis 2016)
We Are in This Together: The Rule of Law, the Commerce Clause, and the Enhancement of Liberty Through Mutual Aid, in American Constitution Society for Law and Policy, Toward a More Perfect Union: A Progressive Blueprint for the Second Term (2013), http://www.acslaw.org/sites/default/files/Lofaso_-_We_Are_in_this_Together.pdf
Baker’s Autonomy Theory of Free Speech: His Final Thoughts on Freedom of Expression, 115 W. Va. L. Rev. 15 (2012)
A Bakerian Response to Weinstein’s Free Speech Theory, 115 W. Va. L. Rev. 39 (2012)
System of Employee Representation at the Enterprise: The US Report, (with Orly Lobel) in Bulletin of Comparative Labour Relations (Blainpain ed., Wolters Kluwer 2012) (collection of papers presented at the 11th Tokyo Seminar, sponsored by The Japanese Institute for Labour Policy & Training (JILPT)), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2218862
What We Owe Our Coal Miners, 5 Harv. L. & Pol’y Rev. 87 (2011)
In Defense of Public Sector Unions, 28 Hofstra Lab. & Emp. L.J. 301 (2011), reprinted in The Challenge for Collective Bargaining—65th annual proceedings of the NYU Conference on Labor Law (Lexis Publ’g 2014)
Promises, Promises: Assessing the Obama Administration’s Record on Labor Reform, 20 New Labor Forum 65 (2011)
The Vanishing Employee: Putting the Autonomous Dignified Union Worker Back To Work, 5 FIU L. Rev. 497 (2010), (solicited article for law review symposium: Whither the Board? The National Labor Relations Act at 75)
Talking Is Worthwhile: The Role of Employee Voice in Protecting, Enhancing and Encouraging Individual Rights to Job Security in a Collective System (A Tribute to Clyde Summers), 14 Emp. Rts. & Emp. Pol’y J. 55 (2010)
The Relevance of the Wagner Act for Resolving Today’s Job-Security Crisis, Labor and Employment Relations Association Proceedings of the 62nd Annual Meeting (2010)
The Persistence of Union Repression in an Era of Recognition, 62 Me. L. Rev. 199 (2010)
The Appellate Court’s Role in the Federal Judicial System in A Practitioner’s Guide to Appellate Advocacy (ABA Publ’g 2010)
Professionalism and Ethics in Appellate Advocacy, in A Practitioner’s Guide to Appellate Advocacy (ABA Publ’g 2010)
Reflections of a Former Athlete as a Young Woman: Growing up under Title IX, in Reversing Field: Examining Commercialization, Labor, Gender, and Race in 21st Century Sports Law (eds. andré douglas pond cummings and Anne Marie Lofaso) (West Virginia University Press 2010)
Approaching Coal Mine Safety from a Comparative Law and Interdisciplinary Perspective, 111 W. Va. L. Rev. 1 (2008)
September Massacre: The Latest Battle in the War on Workers’ Rights Under the National Labor Relations Act (2008), http://www.acslaw.org/node/6664, reprinted in A Fresh Start for a New Administration: Reforming Law and Justice Policies (American Constitution Society for Law and Policy 2008)
Toward a Foundational Theory of Workers’ Rights: The Autonomous Dignified Worker, 76 UMKC L. Rev. 1 (2007)
Does Changing the Definition of Science Solve the Establishment Clause Problem of Teaching Intelligent Design as Science in Public Schools: Doing an End-run Around the Constitution, 4 Pierce L. Rev. 219 (2006)