Anne Marie Lofaso

University of Cincinnati - College of Law

Professor of Law

P.O. Box 210040

Cincinnati, OH 45221-0040

United States

SCHOLARLY PAPERS

32

DOWNLOADS
Rank 21,110

SSRN RANKINGS

Top 21,110

in Total Papers Downloads

4,979

TOTAL CITATIONS

5

Scholarly Papers (32)

1.

Toward a Foundational Theory of Workers' Rights: The Autonomous Dignified Worker

University of Missouri-Kansas City Law Review, Vol. 76, p. 1, 2007
Number of pages: 64 Posted: 26 Mar 2007 Last Revised: 27 Apr 2012
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 512 (114,044)

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labor law, employment law, welfare law, rights theory

2.

De-Essentializing Appalachia: Transformative Socio-Legal Change Requires Unmasking Regional Myths

West Virginia Law Review, Vol. 120, 2018, WVU College of Law Research Paper No. 2019-005
Number of pages: 27 Posted: 01 Mar 2018 Last Revised: 31 Jan 2022
Nicholas Stump and Anne Marie Lofaso
West Virginia University - College of Law and University of Cincinnati - College of Law
Downloads 492 (119,621)
Citation 1

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Appalachian Studies, Critical Theory, Systemic Reform, Transformative Change, Law and Social Movements, Grassroots Activism, Environmental Law, Labor Law

3.

Approaching Coal Mine Safety from a Comparative Law and Interdisciplinary Perspective

West Virginia Law Review, Vol. 111, No. 1, 2007
Number of pages: 16 Posted: 22 Jun 2007 Last Revised: 15 Mar 2015
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 474 (125,090)

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health and safety, mine safety, comparative law, administrative law, msha, human rights

4.

September Massacre: The Latest Battle in the War on Workers' Rights Under the National Labor Relations Act

Number of pages: 16 Posted: 20 May 2008
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 413 (147,184)
Citation 2

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labor, administrative law, working class rights, legal system

5.

The Persistence of Union Repression in an Era of Recognition

62 Maine Law Review 199 (2010)
Number of pages: 79 Posted: 15 Aug 2009 Last Revised: 26 Aug 2017
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 343 (181,012)
Citation 1

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6.

What We Owe Our Coal Miners

Harvard Law Review, Vol. 5, No. 5, p. 87, 2011
Number of pages: 27 Posted: 28 Mar 2011 Last Revised: 27 Apr 2012
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 312 (200,262)

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labor, employment, health and safety, jurisprudence, coal mining, energy

7.

Systems of Employee Representation: The US Report

Systems of Employee Representation at the Enterprise: A Comparative Study (Bulletin of Comparative Labour Relations Series, Roger Blanpain, Hiroya Nakakubo and Takashi Araki Editors) (Kluwer 2012), WVU Law Research Paper No. 2013-7, San Diego Legal Studies Paper No. 13-107
Number of pages: 30 Posted: 17 Feb 2013 Last Revised: 30 Aug 2014
Orly Lobel and Anne Marie Lofaso
University of San Diego School of Law and University of Cincinnati - College of Law
Downloads 271 (231,944)

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employment and labor law, unions, collective bargaining, employee representation, labor markets, discrimination, occupational health and safety, NLRA, NLRB, comparative law, voice, privatization, New Deal, labor relations, industrial organization

8.

Talking is Worthwhile: The Role of Employee Voice in Protecting, Enhancing, and Encouraging Individual Rights to Job Security in a Collective System

Employee Rights and Employment Policy Journal, Vol. 14, No. 1, 2010
Number of pages: 41 Posted: 25 Feb 2010
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 266 (236,387)

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9.

Does Changing the Definition of Science Solve the Establishment Clause Problem for Teaching Intelligent Design as Science in Public Schools? Doing an End-Run Around the Constitution

Pierce Law Review, June 2006
Number of pages: 60 Posted: 18 Apr 2006
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 253 (248,684)

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Establishment Clause, Constitution, First Amendment, Intelligent Design, Religion, Education

10.

Workers’ Rights as Natural Human Rights

71 U. Miami L. Rev. 565 (2017)
Number of pages: 81 Posted: 27 Apr 2017
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 217 (288,637)

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Labor Law, Employment Law, Jurisprudence, Human Rights, Natural Law, Positive Law

11.

Working for Recovery: How the Americans With Disabilities Act and State Human Rights Laws Can Facilitate Successful Rehabilitation for Alcoholics and Drug Addicts

West Virginia Law Review, Vol. 120, 2018, WVU College of Law Research Paper No. 2018-016
Number of pages: 26 Posted: 08 May 2018 Last Revised: 12 Dec 2018
Samuel Petsonk and Anne Marie Lofaso
Mountain State Justice and University of Cincinnati - College of Law
Downloads 209 (299,005)

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12.

The Vanishing Employee: Putting the Autonomous Dignified Union Worker Back to Work

Number of pages: 55 Posted: 29 Mar 2011
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 113 (500,389)

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labor, union, employee, statutory construction, independent contractor, supervisor

13.

Is a Highly Compensated Employee with Executive Duties Entitled to or Exempt from Overtime Pay Under the Fair Labor Standards Act Where That Employee Is Paid at a Daily Rate?

WVU College of Law Research Paper No. 2022-018, Preview of United States Supreme Court Cases, Vol. 50, Issue 1, 2022
Number of pages: 6 Posted: 30 Sep 2022 Last Revised: 21 Nov 2022
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 93 (572,468)

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employment law, SCOTUS, Fair Labor Standards Act, Overtime pay, executive compensation

14.

The Relevance of the Wagner Act for Resolving Today's Job-Security Crisis

WVU Law Research Paper No. 2012-01
Number of pages: 21 Posted: 09 May 2012 Last Revised: 27 Aug 2014
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 93 (572,468)

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15.

Groomed for Exploitation! How Applying the Statutory Definition of Employee to Cover Division IA College Football Players Disrupts the Student-Athlete Myth

West Virginia Law Review, Vol. 119, p. 957, 2017
Number of pages: 41 Posted: 02 Jun 2017
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 89 (588,147)
Citation 1

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16.

Justice Scalia's Labor Jurisprudence – Justice Denied?

Employee Rights and Employment Policy Journal, Vol. 21, No. 13, 2017
Number of pages: 61 Posted: 28 Aug 2017
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 88 (592,167)

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17.

In Defense of Public-Sector Unions

Hofstra Labor and Emploment Law Journal, Vol. 28, No. 301, 2011, WVU Law Research Paper No. 2012-02
Number of pages: 36 Posted: 14 Aug 2012 Last Revised: 27 Aug 2014
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 87 (596,235)

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18.

When Does the National Labor Relations Act Preempt a State Tort Claim for Property Damage Arising from Workers’ Alleged Failure to Take Precautions to Protect Employer Property before Going on Strike?

Preview of United States Supreme Court Cases, Vol. 50, Issue 4, 2023, WVU College of Law Research Paper No. 2023-002
Number of pages: 7 Posted: 09 Jan 2023 Last Revised: 10 May 2023
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 82 (617,518)

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labor law, SCOTUS, union, collective bargaining, strike, tort, federal preemption

19.

Under the Sarbanes–Oxley Act, Must Whistleblower–Employees Prove Their Employer Acted With Retaliatory Intent?

Preview of United States Supreme Court Cases, Vol. 51, Issue 1 (2023), WVU College of Law Research Paper, No. 2023-018
Number of pages: 6 Posted: 02 Oct 2023 Last Revised: 14 Dec 2023
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 69 (677,739)

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Sarbanes-Oxley Act, whistleblower, employment law, retaliation

20.

Does Title VII Prohibit Discrimination in Employment-Transfer Decisions Only if They Cause Materially Significant Disadvantages for Employees?

PREVIEW of United States Supreme Court Cases, Vol. 52, Issue 3 (2023), WVU College of Law Research Paper No. 2023-24
Number of pages: 6 Posted: 23 Nov 2023
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 63 (709,616)

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Muldrow v. City of St. Louis, Missouri, employment law, SCOTUS, Title VII, discrimination

21.

Say 'No' to Discrimination, 'Yes' to Accommodation: Why States Should Prohibit Discrimination of Workers Who Use Cannabis for Medical Purposes

Seattle University Law Review, Vol. 43, No. 3, 2020, WVU College of Law Research Paper No. 2020-009
Number of pages: 55 Posted: 23 Sep 2020
Anne Marie Lofaso and Lakyn Cecil
University of Cincinnati - College of Law and affiliation not provided to SSRN
Downloads 60 (726,340)

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medical cannabis, medical marijuana, Colorado, Controlled Substances Act, employment law, disability, accommodation, Nevada, Oklahoma, cannabis regulation, decriminalization, legalization

22.

Must Courts Evaluate Preliminary Injunctive Relief Under NLRA Section 10(j) Using the Familiar Four-Factor Test?

Preview of United States Supreme Court Cases, Vol. 51, Issue 7 (2024), WVU College of Law Research Paper 2024-002
Number of pages: 9 Posted: 16 Apr 2024 Last Revised: 01 May 2024
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 59 (732,174)

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National Labor Relations Board, NLRB, Starbucks, union

23.

The Supreme Court, The First Amendment, and the Erosion of Public Employer Managerial Authority

Denver Law Review, Forthcoming, WVU College of Law Research Paper, No. 2023-022
Number of pages: 59 Posted: 02 Nov 2023 Last Revised: 14 Dec 2023
Anne Marie Lofaso and Martin H. Malin
University of Cincinnati - College of Law and Chicago-Kent College of Law - Illinois Institute of Technology
Downloads 59 (732,174)

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public sector employment, public employers, first amendment, free speech

24.

Alternatives to Mainstream Alternative Dispute Resolution: Eliminating Forced Arbitration Agreements as a Condition of Employment

Utah Law Review, Vol. 2022, Issue 5, 2022, WVU College of Law Research Paper No. 2023-003
Number of pages: 66 Posted: 16 Feb 2023 Last Revised: 10 May 2023
Anne Marie Lofaso and Ashley Stephens
University of Cincinnati - College of Law and West Virginia University - College of Law
Downloads 49 (803,489)

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alternative dispute resolution, forced arbitration agreements, employment, workplace dispute resolution, at-will employment, workers' rights, peer advocacy, just-cause dismissal

25.

Deflategate: What's the Steelworkers Trilogy Got to Do with it?

Berkeley Journal of Entertainment and Sports Law, Vol. 7 (2017), WVU College of Law Research Paper Forthcoming
Number of pages: 31 Posted: 13 Jan 2021
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 48 (803,489)

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NFL, Patriots, Tom Brady, Roger Goodell, Pash/Wells, arbitration, NFLPA, grievance-arbitration, labor dispute, Taft-Hartley Act, deflategate, Steelworkers Trilogy

26.

Empathy for the Vulnerable? The Fourth Circuit's Internal Struggle to Grapple With the Trump Administration's Immigration Policies: Part II

West Virginia Law Review Online, Vol. 123, WVU College of Law Research Paper No. 2021-005
Number of pages: 13 Posted: 08 Mar 2021 Last Revised: 12 Apr 2021
University of Cincinnati - College of Law, West Virginia University College of Law, West Virginia University College of Law, West Virginia University College of Law, West Virginia University College of Law and West Virginia University College of Law
Downloads 37 (890,374)

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Immigration, Donald J. Trump, Mara Salvatrucha, MS-13, Portillo-Flores v. Barr, asylum, removal, CAT relief, Casa de Maryland v. Trump

27.

Empathy for the Vulnerable? The Fourth Circuit's Internal Struggle to Grapple With the Trump Administration's Immigration Policies: Part I

West Virginia Law Review Online, Vol. 123, WVU College of Law Research Paper No. 2021-004
Number of pages: 16 Posted: 08 Mar 2021 Last Revised: 12 Apr 2021
University of Cincinnati - College of Law, West Virginia University College of Law, West Virginia University College of Law, West Virginia University College of Law, West Virginia University College of Law and West Virginia University College of Law
Downloads 37 (890,374)

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Immigration, Donald J. Trump, Mara Salvatrucha, MS-13, Portillo-Flores v. Barr, asylum, removal, CAT relief

28.

Is a Locomotive In Use and Therefore Subject to Locomotive Inspection Act Liability When It Makes a Temporary Stop?

Preview of United States Supreme Court Cases, Vol. 49, Issue 6, WVU College of Law Research Paper No. 2022-007
Number of pages: 4 Posted: 01 Apr 2022
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 30 (955,604)

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labor and employment, Supreme Court of the United States, SCOTUS, LeDure v. Union Pacific Railroad Company, statutory interpretation, negligence, safety, Locomotive Inspection Act

29.

The Dobbs Effect on West Virginia

West Virginia Law Review, Vol. 125, Issue 3 (2023), WVU College of Law Research Paper No. 2024-010
Number of pages: 28 Posted: 13 Aug 2024
Anne Marie Lofaso and Cameron Kiner
University of Cincinnati - College of Law and West Virginia University College of Law
Downloads 23 (1,030,365)

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30.

Is the Statutory 60-Day Deadline for Filing a Petition for Review of a Final MSPB Order Jurisdictional?

Preview of United States Supreme Court Cases, Vol. 51, Issue 6 (2024), WVU College of Law Research Paper 2024-001
Number of pages: 6 Posted: 16 Mar 2024 Last Revised: 01 May 2024
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 20 (1,065,897)

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employment law, SCOTUS, Department of Defense, DOD, furlough, Merit System Protection Board, MSPB

31.

What Standard of Proof Must Employers Satisfy to Demonstrate the Applicability of a Fair Labor Standards Act Exemption? 

WVU College of Law Research Paper No. 2024-031, PREVIEW of United States Supreme Court Cases, Vol. 52, Issue 2 (2024)
Number of pages: 6 Posted: 02 Dec 2024
Anne Marie Lofaso
University of Cincinnati - College of Law
Downloads 11 (1,177,987)

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employment law, SCOTUS, Fair Labor Standards Act, standards of proof

32.

Beyond Loper Bright: Iterative Construction at the National Labor Relations Board

Number of pages: 56 Last Revised: 09 Feb 2025
Fred B. Jacob and Anne Marie Lofaso
George Washington University Law School and University of Cincinnati - College of Law
Downloads 7

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loper bright, judicial deference, administrative law, labor law, nlrb, nlra, chevron, national labor relations board, national labor relations act