Scott
Moss
professor
lawyer
economist
policy busybody
Scott
Moss
professor
lawyer
economist
policy busybody
Welcome! I'm a University of Colorado law professor who's spent decades roaming the lands law, litigation, policy, and economics. This is my personal page on that range of work. For more on just my academic teaching and research, visit my law school page
Teaching and research: Won the teacher of the year award at both law schools where I've taught, engaging in work in the following fields:
Labor & Employment Law: I've taught, and co-published a leading casebook and other works on, various topics -- discrimination, wages, employment contracts, and more.
Economics: I've taught economic analysis at two law schools and an economics department, and published statistical studies in peer-reviewed and other journals.
Litigation: I've published a range of studies on litigator strategy and judge decision-making, and I've created and taught several novel experiential learning courses requiring, and giving individual feedback on, multiple litigation writings (complaints, briefs, etc.) and simulations (client interviews, depositions, motions, etc.).
Constitutional Law: I've taught the core first-year law school course, and published on the First Amendment and other topics.
Law school administration and policy work includes:
Charing the law scohol's admissions committee for a decade
Advising many student groups, including Colorado Law Review, the Society for Work, Employment, & Labor Law (SWELL), and the LGBT-Straight Legal Society
Co-founding the nation's largest academic employment law conference, and chairing the law school association's employment discrimination section
I served for more than six years as the appointed Director of the Colorado Division of Labor Standards & Statistics ("DLSS"), expanding its work to impactful new areas
Novel labor statutes and rules: Conceiving, and drafting significant parts of, Colorado’s nationally innovative new statutes and rules creating the state's first rights to paid sick leave, health/safety whistleblowing, farmworker overtime and heat safety, pay transparency, and union-related and other speech rights for public employees
Stronger wage & hour enforcement: Through a mix of statutory, rule, and internal process reforms, and enforcement innovations, that more than doubled the thousands of complaints and investigations the Division adjudicates, and that improved compliance statewide
Expanded union election rights: Creating new programs to run union elections, and rule on unfair labor practices, in the public sector and in agriculture
Quintupling labor standards staffing while preserving efficiency: Growing DLSS to over 130 staff, and managing multiple organizational restructurings for this workload and staff growth, while increasing the efficiency of DLSS's investigation of 5000 labor complaints annually, and experiencing low turnover despite the pressures of these changes
Labor economics: Briefing the Governor monthly on the labor market, and supervising the state's production and analysis of labor data (jobs, wages, & unemployment by occupation, sector, & geography) -- not a new DLSS area, but one with significant challenges from external federal and state pressures, the pandemic, and technology changes
Academic work: Teaching Law & Economics, and publishing statistical and other economics-based studies in peer-reviewed and other journals
Policy work: As Director of the Colorado Division of Labor Standards and Statistics ("DLSS" -- detailed above), supervising the state's production and analysis of its labor data on jobs, wages, and unemployment by occupation, sector, and geographic area, and briefing the Governor monthly on the state of Colorado's labor markets
Litigation work: Serving as an expert witness economist, performing analyses such as:
estimates of the damages of terminated or non-promoted employees
projections of career paths of employees if they had not been terminated
valuation estimates for assets lost due to alleged unlawful actions
statistical simulations of unpaid hours worked, in the absence of employer records of time worked
My litigation includes court wins in wide-ranging areas through trials, appeals, and emergency injunctions -- though I've lost about as much as I've won, because that's how litigation and life go, at least when you try anything challenging enough to be worth the blood, sweat, and tears of high-stakes litigation.
Impact litigation on civil rights, wage theft, and immigrant rights:
Protecting voter and free speech rights by winning an order striking Colorado's criminal law against displaying your ballot, leading Colorado to repeal the law
Multi-million-dollar recoveries forcing supermarkets and pharmacies to pay delivery workers minimum wage (one of the first “hybrid” class/collective actions)
After a Supreme Court ruling limiting undocumented immgrants' labor rights, winning the first reported decision letting immigrants recover wages wthout disclosing their status; years later, winning Colorado’s first reported decision that held the same and disallowed employer recovery of a wage theft victim's immigration expenses
Serving victims of workplace and other abuses:
Obtaining novel rulings broadly defining family/medical leave rights, for a woman denied rights to breastfeeding and full job restoration after leave
Defending a woman sued for defamation by the ex she needed a restraining order against, and winning an abuse of process counterclaim against him
Appellate litigation:
Successfully defending an $11 million investment fraud verdict
An early gay rights victory against the state in the court of appeals that won reinstatement of a State Patrol Officer "outed" by a polygraph
A court of appeals victory setting a precedent defining racial harassment and intentional inflection of distress rights broadly
Combating consumer and business fraud:
Exposing a rare coin fraud scheme with a securities fraud, consumer fraud, and fiduciary breach, verdict, and defeating a retaliatory qui tam suit
Multi-prong litigation efforts that shut down a corrupt business by generating one of New York’s largest felony tax fraud convictions
Adjudication roles:
Appointed a Boulder County hearing officer, presiding over evidentiary submissions and testimony, and issuing a written decision reviewing employment decisions
Repeatedly appointed by state agencies to review, and issue binding decisions on, state employee challenges to salary and other employment decisions
Counseling & advising of employers:
Drafting and reviewing employers' handbooks, contracts, and noncompetition provisions
Advising businesses on personnel decisions and employment law compliance
Negotiating severance and settlement agreements
... email is best, and if you're contacting me:
about my academic work -- teaching, academic research, or law school work -- email scott.moss@colorado.edu
about anything in the policy or litigation worlds, email moss.scott.a@gmail.com
... or you can call me at 720-839-2920