Scott A. Moss …

                                                 Scott A. Moss
 University of Colorado Law School · Wolf Law Building, 401 UCB, Boulder CO 80309 · tel 303-735-5374, fax 303-492-1200
               email scott.moss@colorado.edu · homepage http://lawweb.colorado.edu/profiles/profile.jsp?id=258

                                                   EDUCATION

Harvard Law School, J.D., magna cum laude, 1998.
Harvard Civil Rights-Civil Liberties Law Review (Senior Editor).
Stanford University, B.A. & M.A., 1995.
· M.A., Media Studies. Masters' Project: The Framing Effect on Closed-Ended Policy Questions.
· B.A., Economics, with honors. Honors Thesis: Economic Analysis of Free Exercise of Religion.

                                           TEACHING EXPERIENCE

University of Colorado Law School, Boulder, CO                                                   2007-
Associate Professor. Courses: Employment Law; Law & Economics; Constitutional Law; Seminar in Advanced
Constitutional Law ­ Equality & Privacy.
Marquette University Law School, Milwaukee, WI                                                         2004-2007
Assistant Professor. Courses: Employment Law; Employment Discrimination; Law & Economics; Constitutional
Law; Federal Class Actions & Other Multiple-Plaintiff Litigation (advanced civil procedure seminar).
  · Winner, James D. Ghiardi Award for Outstanding Teaching, Student Body Support, and Scholarship (2007).
  · Service: Created and drafted new scholarship and recruitment policies for Admissions Committee, as well as
    new religious holiday policy for Diversity Committee. Chair, Diversity Committee (2006-2007).
  · Student Group Support: GLBT-Straight Legal Society (Faculty Advisor); Jewish Law Students Ass'n
    (Faculty Advisor); Public Interest Law Society (emcee of annual public interest auction); American
    Constitution Society and Federalist Society (planning and participating in debates on various legal issues).
  · Initiated and co-organized "First Annual Colloquium on Labor & Employment Law", drawing 51 professors
    nationwide to present scholarship at Marquette in October 2006; helped plan Second Annual as well

                                         ACADEMIC PUBLICATIONS

Litigation Discovery Cannot Be Optimal But Could Be Better: The Economics of Improving Discovery Timing
in a Digital Age, 58 DUKE L. J. ___ (forthcoming early 2009).

The Intriguing Federalist Future of Reproductive Rights, 88 BOSTON U. L. REV. 175 (2008) (with Douglas Raines).

Illuminating Secrecy: A New Economic Analysis of Confidential Settlements, 105 MICH. L. REV. 867 (2007).

Prisoners and Students and Workers ­ Oh, My! A Cautionary Note about Excessive Institutional Tailoring of
First Amendment Doctrine, 54 U.C.L.A. L. REV. 1635 (2007).

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).

Note, Public Funding for Disability Accommodations: A Rational Solution to Rational Discrimination and the
Disabilities of the ADA, 33 HARV. C.R.-C.L. L. REV. 197 (1998) (co-authored with Daniel Malin).

Recent Development, An Appeal by Any Other Name: Congress's Empty Victory over Habeas Rights ­ Felker v.
Turpin, 116 S. Ct. 2333 (1996), 32 HARV. C.R.-C.L. L. REV. 249 (1997).
                                            Scott A. Moss         ­ page 2

                                       PROFESSIONAL PUBLICATIONS
Legal Articles & Chapters:
· Fighting Discrimination While Fighting Litigation: A Tale of Two Supreme Courts, 36 LABOR &
  EMPLOYMENT LAW (ABA) 5 (Fall 2007).
· Fair Labor Standards Act Litigation (book chapter), in GOODMAN, ED., EMPLOYEE RIGHTS LITIGATION (2005).
· An Overview of Disparate Impact Litigation, Annual Civil Rights Training Institute of the NAACP Legal
  Defense and Education Fund, Inc. (Warrenton, VA, Oct. 8, 2004).
· Clark County School District v. Breeden: An Unreasonable View of the Reasonable Employee?, THE NEW
  YORK EMPLOYEE ADVOCATE, July/Aug. 2001, at 3.
· When Your Employer Thinks You Acted Disloyally: The Guarantees and Uncertainties of Retaliation Law,
  EMPLOYMENT LAW COUNSELOR, June 15, 2001, at 2 (co-authored with W. Outten).
· Contingent Worker Wage-Hour Abuses: The Class Action Remedy, EMPLOYEE RIGHTS QUARTERLY, Winter
  2001, at 45 (co-authored with A. Klein).
· Marshalling the Evidence in Employment Discrimination Cases: A Perspective from the Plaintiff's Bar, 657
  P.L.I./LITIG. 101 (2001) (co-authored with W. Outten, P. Filippatos, & N. Ruan).
· Practice Pointers on Opposing the Affirmative Defense that the Employer Took Reasonable Steps to Prevent
  Sexual Harassment: Perspective of a Plaintiff's Attorney, 656 P.L.I./LITIG. 187 (2001) (co-authored with N. Ruan).
· Overview of Workplace Claims in New York: Perspective of Employees' Counsel, 627 P.L.I./LITIG. 807
  (2000) (co-authored with W. Outten, A. Golden, P. Filippatos, & J. Raisner).
· When the Motives Are Mixed and the Actions Are Ultimate: Unresolved Issues in Retaliation Law, VPB0919
  ALI-ABA 151 (American Law Institute - American Bar Ass'n, Sept. 19, 2000) (co-authored with W. Outten).
· Reeves and Dale: Pretext and Puritanism, THE NEW YORK EMPLOYEE ADVOCATE, July/Aug. 2000, at 1.
Commentaries and Op-Eds on Legal and Public Issues:
· Political Vets Square Off in Colorado, POLITICO, Apr. 1, 2008 (http://www.politico.com/news/stories/0308/9279.html).
· Clinton: More Liberal?, POLITICO, Feb. 19, 2008 (http://www.politico.com/news/stories/0208/8573.html).
· Democrats' Views on Court Missing in Debate, THE ROCKY MOUNTAIN NEWS, Jan. 5, 2008, at 28
  (http://www.rockymountainnews.com/news/2008/jan/05/speakout-dems-views-on-court-missing-in-debate).
· Lawyer Salaries versus Law School Tuition: Are Law Schools Nearing the End of a High-Tuition Era?, WRIT
  (legal news & commentary page of FINDLAW) (Nov. 15, 2007) (http://writ.news.findlaw.com/commentary/20071115_moss.html).
· The Newly-Founded U.C. Irvine Law School's Firing of New Dean Erwin Chemerinsky: Why It Violates the
  Constitution, Destroys the School's Reputation, and Jeopardizes Its Accreditation, WRIT (Sept. 17, 2007)
  (http://writ.news.findlaw.com/commentary/20070917_moss.html).
· Imus and the Legal System: Protecting Racists against Lawless Firings and Meritless Lawsuits, WRIT (Aug.
  17, 2007) (http://writ.news.findlaw.com/commentary/20070817_moss.html).
· The Aftermath of the Scooter Libby Verdict: Reviewing the Jury's Behavior, the Correctness of the Verdict, & the
  Likely Presidential Pardon, WRIT (Mar. 7, 2007) (http://writ.news.findlaw.com/commentary/20070315_moss.html).
· Why Massachusetts is Overreaching in Accusing the Boston Two of a "Bomb Scare" for their Cartoon
  Publicity Stunt, WRIT (Feb. 7, 2007) (http://writ.news.findlaw.com/commentary/20070207_moss.html).
· The Tough Road Ahead in the Lawsuit against S&C for Anti-Gay Discrimination: The Plain Truth about
  Plaintiffs, WRIT (Jan. 23, 2007) (http://writ.news.findlaw.com/commentary/20070123_moss.html).
                                                 PRESENTATIONS
The Economics of Improving Discovery in a Digital Age
· Boston Univ. Law School, Faculty Workshop Series                                                         Apr. 3, 2008
· Cardozo School of Law, Faculty Workshop Series                                                         Feb. 13, 2008
· University of Colorado Law School, Faculty Workshop Series                                              Jan. 17, 2008
· Chapman Univ. School of Law, Faculty Workshop Series                                                   Nov. 29, 2007
· Second Annual Colloquium on Labor & Employment Law, U. Colorado & U. Denver Law Sch.                   Oct. 27, 2007
· Midwest Law & Economics Association (MLEA), Univ. of Kansas Law School                                 Oct. 12, 2007
                                           Scott A. Moss       ­ page 3

                                          PRESENTATIONS (cont'd)

Curious Institutional Variations in Free Speech Rights: An Economic Explanation and Criticism
· Constitutional Niches: The Role of Institutional Context in Constitutional Law, UCLA Sch. of Law Feb. 2, 2007
· Marquette Univ. Law School, Faculty Workshop Series                                              Jan. 25, 2007
Wal-Mart: A Case Study in Interdisciplinary and Inter-Doctrinal Approaches to Legal Problems
· American Association of Law Schools (AALS) Annual Meeting, Washington, D.C.                           Jan. 6, 2007
Illuminating Secrecy: A New Economic Analysis of Confidential Settlements
· American Law & Economics Ass'n (ALEA) Annual Meeting, Harvard Law School                            May 6, 2007
· Brooklyn Law School, Faculty Workshop Series                                                        Jan. 11, 2007
· First Annual Colloquium on Labor & Employment Law, Marquette Univ. Law School                       Oct. 27, 2006
· Midwest Law & Economics Association (MLEA), Univ. of Kansas Law School                              Oct. 20, 2006
· Chicago Area Junior Faculty Workshop, Chicago-Kent College of Law                                    Oct. 6, 2006
· Marquette Univ. Law School, Faculty Workshop Series                                                Sept. 28, 2006
Courts' "Behavior" Problems: What Behavioral Economics Says Employment Law Gets Wrong
· Midwest Law & Economics Association (MLEA), Northwestern Univ. School of Law                        Oct. 15, 2005
The Roberts & Alito Supreme Court Nominations                                                       2005-2006
· Various presentations on the legal work and writings of Supreme Court nominees John Roberts and Samuel
  Alito, including to Senator Russ Feingold, the Milwaukee Democratic Party, and Marquette University students.

                                            LEGAL EXPERIENCE

Outten & Golden LLP, New York, NY                                                                         1999-2004
Senior associate at plaintiff-side employment law firm. Represented employees in individual and class action
litigation and ADR of discrimination, harassment, minimum/overtime wage, contract, and business tort claims.
     Litigation Experience:
     · Litigated individual and class action claims of gender and race discrimination, minimum/overtime wage
        violations, and breach of contract, often serving as primary attorney in court hearings and in negotiations.
     · Tried a case to an arbitration verdict, took dozens of depositions, and examined witnesses in federal court
        and administrative tribunals. Negotiated dozens of settlements, including many in mediations.
     · Represented clients in written appeals; argued one Second Circuit appeal; briefed class certification,
        discovery, sanctions, attorney disqualification, and dispositive motions.
     Firm Management Experience:
     · Firm "ethics czar," charged with addressing ethical issues in our practice.
     · Head associate on attorney recruiting committee.
     · Firm supervisor of paralegals and law students.
     Bar & Pro Bono Experience:
     · Served on Event Planning Committee of National Employment Lawyers' Ass'n of New York (NELA/NY).
     · Gave "Employment Law Update" presentations annually for four years at state and regional NELA
        conferences; also gave presentations on summary judgment motion practice and wage-and-hour law.
     · Represented pro se litigants in U.S. District Court (S.D.N.Y.) pro bono mediation program.
     · Advised low-income workers on various legal matters in post-9/11 clinics for workers in lower Manhattan.
The Honorable Constance Baker Motley, U.S. District Judge, S.D.N.Y., New York, NY                    1998-99
Law clerk. Drafted opinions and memoranda, including when Judge Motley sat by designation on Second Circuit.

                                   BAR ADMISSIONS & MEMBERSHIPS

· American Association of Law Schools (AALS), Section on Employment Discrimination: Secretary (2007);
  Chair-Elect (2008).
· Admitted to practice in New York, U.S. District Court (S.D.N.Y. & E.D.N.Y.), & U.S. Court of Appeals (2d Cir.).
                                         Scott A. Moss       ­ page 4

                               MEDIA APPEARANCES ON LEGAL ISSUES
Broadcast Media:
9 News (NBC-Denver), News at Noon & News at Six (Mar. 18, 2008) (Second Amendment case of D.C. v. Heller)
ABC 12 (WISN-Milwaukee) News at Five
 · Dec. 5, 2006: cases just argued at the Supreme Court on the legality of public school affirmative action
 · Nov. 6, 2006: state constitutional amendment banning gay marriage
 · Aug. 30, 2006: proposed state constitutional amendment banning gay marriage
WMCS 1290 AM, The Eric Von Show
 · Dec. 18, 2007: Death penalty moratorium policies; mandatory immunization policies
 · Feb. 14, 2007: Controversies over teaching evolution and/or intelligent design in public schools
 · Nov. 8, 2006: The 2006 elections and their impact
 · Sept. 26, 2006: State constitutional amendments and referenda on gay marriage and the death penalty
 · July 25, 2006: Presidential signing statements, including on recent ban on torture
 · July 20, 2006: Federal funding for embryonic stem cells
 · June 30, 2006: Supreme Court case Hamdan v. Rumsfeld
 · Nov. 2, 2005: Supreme Court nominee Samuel Alito
 · Oct. 10, 2005: Supreme Court nominee Harriet Miers
 · Aug. 1, 2005: Supreme Court nominee John Roberts & U.N. Ambassador nominee John Bolton
 · July 19, 2005: Supreme Court nominee John Roberts
NBC 4 (WTMJ-Milwaukee) News at Eleven (Jan. 11, 2006) (Supreme Court nomination of Samuel Alito)
Wisconsin Public Radio 90.7 FM, The Ben Mehrens Show (Jan. 10, 2006) (Supreme Court nomination of
 Samuel Alito)
WTMJ 620 AM News (July 19, 2005) (Supreme Court nomination of John Roberts)
Fox 6 (WIWI-Milwaukee) News at Five
  · July 1, 2005: retirement of Justice Sandra Day O'Connor and possible replacements
  · Oct. 29, 2004: fraudulent "voter information" flyers targeted at minority voters
WB 18 (WVTV-Milwaukee) News at Nine
 · July 1, 2005: retirement of Justice Sandra Day O'Connor and possible replacements
 · Oct. 20, 2004: NAACP voter drives in county jails for inmates still eligible to vote
WISN 1130 AM News (July 1, 2005) (retirement of Justice Sandra Day O'Connor and possible replacements)
Print Media (highlights in boldface):
Brittany Anas, Supreme Court to hear D.C. handgun case, THE DAILY CAMERA (Mar. 18, 2008) (discussing
  Second Amendment case of D.C. v. Heller).
Rick Barrett, A civil action (real-life version): On farmers' behalf, a lawyer takes on a huge corporation ­ and
  wins, MILWAUKEE JOURNAL-SENTINEL (March 24, 2007) (discussing farmers' large class action award).
Lisa Kaiser, How to Stop the War, SHEPHERD EXPRESS (Jan. 25, 2007) (discussing separation of war powers
  among the President and Congress, as well as Supreme Court review of foreign policy controversies).
Katie Hafner, Canned Phrases for Making an Exit: Spend Time With the Family; Pursue Other Interests;
 the Dog Ate My ID, THE NEW YORK TIMES, Pg. C-1 (Dec. 23, 2006) (discussing dubious "family reasons"
 explanations given by employers and employees for terminations of employment relationships).
April Rockstead Barker, Should constitution define marriage?, WISCONSIN LAW JOURNAL (Nov. 1, 2006)
  (discussing proposed state constitutional amendment banning gay marriage).
Todd Richmond, Wisconsin voters get clear opposites in Van Hollen, Falk, THE CONTRA COSTA TIMES (Sept.
  13, 2006) (also printed in the Duluth News Tribune and several other newspapers via Associated Press).
Matt Villano, That's Your Desk. It Used to Be Mine., THE NEW YORK TIMES, Pg. C-9 (July 9, 2006)
 (discussing employers that outsource jobs and condition severance on employee efforts to train replacements).
                                        Scott A. Moss      ­ page 5

Carolyn Lochhead, Full Senate Takes up Alito Nomination, THE SAN FRANCISCO CHRONICLE (Jan. 25, 2006)
  (discussing impact on Supreme Court of confirmation of Justice Alito).

Carolyn Lochhead, Shuffling Nominees, Bush May Hit Jackpot, THE SAN FRANCISCO CHRONICLE, Pg. A-1
  (Jan. 15, 2006) (discussing sequence of Bush judicial nominees and possible impact of a Justice Alito).

Brian Tumulty, Alito Vote Won't Be Easy; Kohl, Feingold share concerns after hearings, THE APPLETON POST-
  CRESCENT (Jan. 15, 2006) (discussing prospects of Alito nomination following confirmation hearings).

Gina Holland, Reaction to Alito Nomination, THE WASHINGTON POST (October 31, 2005) (discussing Alito
  nomination) (published on AP wire in numerous newspapers and on a Fox News TV broadcast).

John Brigardner, Jenkens & Gilchrist's Video Pep Rally Pumps Up Controversy, THE AMERICAN LAWYER (Oct.
  26, 2005) (abbreviated version also published in The National Law Journal on October 24, 2005).

Lisa Kaiser, The Elevation of Judge Roberts, SHEPHERD EXPRESS (Sept. 8, 2005) (discussing re-nomination of
  Judge Roberts as Chief Justice rather than as Associate Justice).

Rick Klein, Chief Justice Sets Tone and Legacy of the Court, THE BOSTON GLOBE (Sept. 5, 2005)
  (discussing Chief Justice's role in assigning written opinions among justices).

Lisa Kaiser, Judge Roberts: Not a Man of Mystery, SHEPHERD EXPRESS (Aug. 25, 2005) (discussing Supreme
  Court nomination of John Roberts).

Judith Davidoff, Group Opposes Roberts; State Coalition Writes Senators, THE CAPITAL TIMES (Aug. 11, 2005)
  (discussing Supreme Court nomination of John Roberts).

Andrew Becker, Selection Doesn't Serve Diversity, Groups Complain; Some Women, Minorities Hope Bush
 Will Reach Out With Next Vacancy, DALLAS MORNING NEWS (July 20, 2005) (discussing implications of
 Roberts nomination for future judicial nominations) (also published in 15 other newspapers).

Seth Stern & Michael Sandler, Court Could Set New Precedents on Sweeping Array of Contentious Issues,
  CONGRESSIONAL QUARTERLY (CQ Today, Legal Affairs) (July 1, 2005) (discussing legacy and
  jurisprudence of retiring Justice O'Connor and ways in which possible successors might differ).

William Neikirk, O'Connor Bow Puts New Focus on Rehnquist, CHICAGO TRIBUNE (July 2, 2005)
 (discussing possibility that Chief Justice Rehnquist might retire, following retirement of Justice O'Connor)
 (also published in the Baltimore Sun and 16 other newspapers).

Ann McFeatters, First Woman on Top Court Steps Down; Justice O'Connor Cast Swing Vote on Key Issues,
  TOLEDO BLADE (July 2, 2005) (discussing implications of retirement of Justice O'Connor).

Tom Heinen, Commandments Rulings Settle Little: Case-By-Case Guideline Leaves Both Sides Unhappy,
  MILWAUKEE JOURNAL-SENTINEL (June 28, 2005) (discussing Supreme Court rulings on public displays of
  the ten commandments) (also published in the Kansas City Star and 14 other newspapers).

Rick Barrett, Harley Investor Sues: Shareholder Claims Poor Sales Hidden, MILWAUKEE JOURNAL-SENTINEL
  (May 19, 2005) (discussing securities and accounting fraud class action filed against Harley Davidson).

April Rockstead Barker, Class Action Law Raises Jurisdictional Issues, WISCONSIN LAW JOURNAL (March
 23, 2005) (discussing Class Action Fairness Act of 2005).

Bradley Wooten, Tort Reform: Fair for Whom? Legal, Business Communities Divided Over New Federal 'Class
  Action Fairness', THE BUSINESS JOURNAL OF MILWAUKEE (April 4, 2005).

Jennifer Garrett, Class Actions Get a Bad Reputation, CORPORATE REPORT WISCONSIN (Nov. 2004) (discussing
  Class Action Fairness Act of 2005 and the merits of class actions generally).