Michael C. Duff

University of Wyoming College of Law

Professor

P.O. Box 3035

Laramie, WY 82071

United States

SCHOLARLY PAPERS

21

DOWNLOADS

1,464

SSRN CITATIONS

0

CROSSREF CITATIONS

3

Scholarly Papers (21)

1.

Worse than Pirates or Prussian Chancellors: A State's Authority to Opt-Out of the Quid Pro Quo

17 Marq. Ben. & Soc. Wel. L. Rev, Summer 2016, Forthcoming
Number of pages: 56 Posted: 11 Jan 2016 Last Revised: 18 Aug 2016
Michael C. Duff
University of Wyoming College of Law
Downloads 150 (233,014)

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workers' compensation, constitional, remedies, quid pro quo, tort reform, opt-out

2.

ALT-Labor, Secondary Boycotts, and Toward a Labor Organization Bargain

63 Catholic University Law Review, Summer 2014, Forthcoming
Number of pages: 40 Posted: 12 Feb 2014
Michael C. Duff
University of Wyoming College of Law
Downloads 128 (264,142)

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labor organization, secondary boycott

3.

Labor Viscerality? Work Stoppages in the 'New Work,' Non-Union Economy

St. Louis University Law Journal, Forthcoming
Number of pages: 53 Posted: 29 Jun 2020 Last Revised: 24 Mar 2021
Michael C. Duff
University of Wyoming College of Law
Downloads 112 (291,034)

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4.

Of Courage, Tumult, and the Smash Mouth Truth

Employee Rights and Employment Policy Journal, Forthcoming
Number of pages: 21 Posted: 31 Jan 2011 Last Revised: 04 Feb 2011
Michael C. Duff
University of Wyoming College of Law
Downloads 110 (294,668)

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5.

Days without Immigrants: Analysis and Implications of the Treatment of Immigration Rallies under the National Labor Relations Act

Denver University Law Review, Vol. 85, No. 1, 2007
Number of pages: 59 Posted: 11 Oct 2007
Michael C. Duff
University of Wyoming College of Law
Downloads 102 (310,306)

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immigration rallies, labor law, immigration law, preemption, injunctions

6.

New Nip in the Bud: Does the Obama Board's Preemptive Strike Doctrine Enhance Tactical Employment Law Strategies?

Employee Rights and Employment Policy Journal, Vol. 16, No. 1, 2012
Number of pages: 26 Posted: 05 Feb 2012 Last Revised: 10 Feb 2012
Michael C. Duff
University of Wyoming College of Law
Downloads 101 (312,431)

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concerted activity, Section 7, NLRA, Meyers Industries

7.

Embracing Paradox: Three Problems the NLRB Must Confront to Resist Further Erosion of Labor Rights in the Expanding Immigrant Workplace

Berkley Journal of Employment and Labor Law, 2009
Number of pages: 31 Posted: 06 Oct 2008 Last Revised: 08 Oct 2008
Michael C. Duff
University of Wyoming College of Law
Downloads 96 (322,807)

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labor law, immigration, evidence, administrative law, credibility, professional responsibility, Hoffman Plastic Compounds

8.

Union Salts as Administrative Private Attorneys General

Berkeley Journal of Employment and Labor Law, Vol. 32, Spring 2011
Number of pages: 44 Posted: 09 Oct 2010
Michael C. Duff
University of Wyoming College of Law
Downloads 91 (333,947)

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salting, union organizing, private attorneys general, administrative enforcement

9.

How the U.S. Supreme Court Deemed the Workers' Compensation Grand Bargain 'Adequate' Without Defining Adequacy

Tulsa Law Review, Forthcoming
Number of pages: 30 Posted: 31 Aug 2018
Michael C. Duff
University of Wyoming College of Law
Downloads 81 (358,376)

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Workers’ Compensation, Legal History, Grand Bargain, Quid Pro Quo, Tort

10.

The Cowboy Code Meets the Smash Mouth Truth: Meditations on Worker Incivility

West Virginia Law Review, Vol. 117, No. 3, 2015
Number of pages: 26 Posted: 05 Apr 2015
Michael C. Duff
University of Wyoming College of Law
Downloads 65 (404,841)

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labor law, civil disobedience, civil resistance, rule of law, new economy, precariat

11.

Center for Progressive Reform Report: Protecting Workers In A Pandemic--What The Federal Government Should Be Doing

Center for Progressive Reform Report, 2020
Number of pages: 60 Posted: 28 Jun 2020
Thomas McGarity, Michael C. Duff and Sidney A. Shapiro
University of Texas at Austin - School of Law, University of Wyoming College of Law and Wake Forest University School of Law
Downloads 60 (421,376)

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pandemic, worker safety, OSHA regulations, worker protections, workers' compensation, self-help, NLRB, labor law

12.

Are Workers' Compensation 'Alternative Benefit Plans' Authorized by State Opt out Schemes Covered by ERISA?

The Brief, Publication of the American Bar Association Tort Trial and Insurance Practice Section, Vol. 45, No. 3, Spring 2016
Number of pages: 13 Posted: 30 Jan 2017
Michael C. Duff
University of Wyoming College of Law
Downloads 55 (439,180)

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13.

What Brady v. N.F.L. Teaches About the Devolution of Labor Law

Washburn Law Journal, Vol. 52, No. 3, 2013
Number of pages: 58 Posted: 22 Apr 2013 Last Revised: 09 Jul 2013
Michael C. Duff
University of Wyoming College of Law
Downloads 53 (446,483)

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NFL, football labor disputes, antitrust, Norris-LaGuardia Act, injunctions

14.

Labor Injunctions in Bankruptcy: The Norris-Laguardia Firewall

Michigan State Law Review, Forthcoming
Number of pages: 52 Posted: 23 Aug 2009 Last Revised: 27 Aug 2009
Michael C. Duff
University of Wyoming College of Law
Downloads 50 (457,971)

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15.

All the World’s a Platform?: Some Remarks on 'Marketplace Platform' Employment Laws

Number of pages: 9 Posted: 30 Jan 2020
Michael C. Duff
University of Wyoming College of Law
Downloads 45 (478,432)

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gig economy, workers' compensation, employee status, independent contractor, workers' compensation

16.
Downloads 38 (509,629)

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firefighter presumptions, post-traumatic stress disorder, workers' compensation, quid pro quo, Grand Bargain, negligent infliction of emotional distress, occupational disease

17.

A Hundred Years of Excellence: But Is the Past Prologue? Reflections on the Pennsylvania Workers’ Compensation Act

87 Pennsylvania Bar Association Quarterly 20 (January 2016)
Number of pages: 12 Posted: 18 Jan 2016
Michael C. Duff
University of Wyoming College of Law
Downloads 33 (534,474)

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workers' compensation history, opt-out, race to the bottom, centennial

18.

Canaries in the Coal Mine: The Tactical Use of the National Labor Relations Act to Aid in the Protection of Non-Union Workers Exposed to Pollutants

Number of pages: 12 Posted: 10 Apr 2010 Last Revised: 01 Dec 2013
Michael C. Duff
University of Wyoming College of Law
Downloads 29 (556,033)

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protected concerted activity, environmental justice, worker safety

19.

Challenges for Black Workers After 2020: Antiracism in the Gig Economy?

Number of pages: 9 Posted: 25 Feb 2021
Michael C. Duff
University of Wyoming College of Law
Downloads 27 (567,865)

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Gig economy, Title VII, Antiracism, employee status, Proposition 22, independent contractor

20.

A Tale of Two Standards: Why Wyoming Courts Should Apply the Actual Substantial Evidence Standard When Reviewing Workers’ Compensation Cases

18 Wyo. L. Rev. 1 (2018)
Number of pages: 52 Posted: 10 Aug 2017 Last Revised: 24 Mar 2018
Michael C. Duff
University of Wyoming College of Law
Downloads 22 (600,012)

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21.

The Functional Operation of Workers’ Compensation COVID Presumptions

Number of pages: 6 Posted: 28 Mar 2021
Michael C. Duff
University of Wyoming College of Law
Downloads 16 (640,860)

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workers' compensation, causation, presumptions, evidence, burden of proof, burden of production