Rafael Gely Publications

Academic Journals

Introduction to “Dispute Resolution and Political Polarization”, 2018 no.1 JOURNAL OF DISPUTE RESOLUTION 1 (2018).

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Collective Bargaining and Dispute System Design, 13 UNIVERSITY OF ST. THOMAS LAW JOURNAL 218 (2017).

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A Few Thoughts About Justice Scalia’s Dissenting Opinion in Rutan v. Republican Party of Illinois and His View of the Public Workplace, 21 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL 163 (2017).

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An Empirical Assessment of the Contract Based Exception to the Employment-At-Will Rule with Robin Cheramie and Timothy Chandler, 28 EMPLOYEE RESPONSIBILITIES AND RIGHTS JOURNAL 63 (2016).

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“Before Wisconsin and Ohio”: The Quiet Success of Card-Check Organizing in the Public Sector with Timothy D. Chandler, 16 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL 629 (2012).

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Organizing Principles: The Significance of Card-Checks Laws, 30:2 SAINT LOUIS UNIVERSITY PUBLIC LAW REVIEW 475 (2011)

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Educating the United States Supreme Court at Summers’ School: A Lesson on the “Special Character of the Animal” with Ramona L. Paetzold and Leonard Bierman, 14 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL 93 (2010)

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The Supreme Court and the Sophisticated Use of DIGS with Michael E. Solimine, 18 SUPREME COURT ECONOMIC REVIEW 155 (2010)

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Federal and State Judicial Selection in an Interest Group Perspective with Michael E. Solimine, 74 MISSOURI LAW REVIEW 531 (2009)

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Card Check Recognition: New House Rules for Union Organizing? with Timothy Chandler, 35 FORDHAM URBAN LAW JOURNAL 247 (2008)

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The Law and Economics of Identity, 14 DUKE JOURNAL OF GENDER LAW & POLICY 229 (2007)

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Social Isolation and American Workers: Employee “Blogging” and Legal Reform with with Leonard Bierman, 20 HARVARD JOURNAL OF LAW & TECHNOLOGY 287 (2007)

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Workplace Blogs and Workers’ Privacy with Leonard Bierman, 66 LOUISIANA LAW REVIEW 1079 (2006)

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Segmented Rankings for Segmented Markets, 81 INDIANA LAW JOURNAL 293 (2006)

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Dead Poets and Academic Progenitors: The Next Generation of Law School Rankings with Paul Caron, 81 INDIANA LAW JOURNAL 1 (2006)

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The Supreme Court and the DIG: An Empirical and Institutional Analysis with Michael E. Solimine, 2005 WISCONSIN LAW REVIEW 1421 (2005)

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Book Review: What Law Schools Can Learn From Billy Beane and the Oakland Athletics with Paul Caron, 82 TEXAS LAW REVIEW 1483 (2004)

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Taking Back the Law School Classroom: Using Technology to Foster Active Student Learning with Paul Caron, 54 JOURNAL OF LEGAL EDUCATION 551 (2004)

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Supreme Court’s 2002 Term Employment Law Cases: Is This the Scalia Court?, 7 EMPLOYEE RIGHTS & EMPLOYEE POLICY JOURNAL 253 (2004)

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Maternity Leave Under the FMLA: An Analysis of the Litigation Experience with Timothy Chandler, 15 WASHINGTON UNIVERSITY JOURNAL OF LAW & POLICY 143 (2004)

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Love, Sex and Politics? Sure. Salary? No Way: Workplace Social Norms and the Law with Leonard Bierman, 25 BERKELEY JOURNAL OF EMPLOYMENT & LABOR LAW 167 (2004)

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The Law and Economics of Employee Information Exchange in the Knowledge Economy with Leonard Bierman, 12 GEORGE MASON LAW REVIEW 651 (2004)

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Affirmative Refraction: Grutter v. Bollinger Through the Lens of the Case “The Case of the Speluncean Explorers” with Paul Caron, 21 CONSTITUTIONAL COMMENTARY 63 (2004)

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Pay Secrecy/ Confidentiality Rules and the National Labor Relations Act with Leonard Bierman, 6 UNIVERSITY OF PENNSYLVANIA JOURNAL OF LABOR AND EMPLOYMENT LAW 121 (2003)

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So, You Want to be a Partner at Sidley & Austin? with Leonard Bierman, 40 HOUSTON LAW REVIEW 969 (2003)

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Supreme Court Employment Law Cases 2001-02 Term, 6 EMPLOYEE RIGHTS AND EMPLOYMENT POLICY JOURNAL 189 (2002)

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Spouses Need Not Apply: The Legality of Antinepotism and No-Spouse Rules with Timothy Chandler, Jack Howard & Robin Cheramie, 39 SAN DIEGO LAW REVIEW 31 (2002)

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A Tale of Three Statutes . . . (and One Industry): A Case Study on the Competitive Effects of Regulation, 80 OREGON LAW REVIEW 947 (2001)

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Distilling the Essence of Contract Terms: An Anti-Antiformalist Approach to Contract and Employment Law, 53 FLORIDA LAW REVIEW 669 (2001)

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Restricting Public Employees’ Political Activities: Good Government or Partisan Politics? with Timothy Chandler, 37 HOUSTON LAW REVIEW 775 (2000)

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Labor Law Access Rules and Stare Decisis: Developing a Planned Parenthood-Based Model of Reform with Leonard Bierman, 20 BERKELEY JOURNAL OF EMPLOYMENT AND LABOR LAW 138 (1999)

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Of Sinking and Escalating: A (Somewhat) New Look at Stare Decisis, 60 UNIVERSITY OF PITTSBURGH LAW REVIEW 89 (1998)

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Understanding Congressional Reform: Lessons From the Seventies with Asghar Zardkoohi, 35 HARVARD JOURNAL ON LEGISLATION 509 (1998)

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Where Are We Now?: Life After Electromation, 15 HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL 45 (1997)

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Whose Team Are You On? My Team or My TEAM?: The NLRA’s Section 8(a)(2) and the TEAM Act, 49 RUTGERS LAW REVIEW 323 (1997)

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“Let’s Call It a Draw”: Striker Replacements and the Mackay Doctrine with Leonard Bierman, 58 OHIO STATE LAW JOURNAL 1003 (1997)

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Reply: The Need for Real Striker Replacement Reform with Leonard Bierman, 74 NORTH CAROLINA LAW REVIEW 813 (1996)

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The North American Agreement on Labor Cooperation: A New Frontier in North American Labor Relations with Leonard Bierman, 10 CONNECTICUT JOURNAL OF INTERNATIONAL LAW 533 (1995)

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Striker Replacements: A Law, Economics, and Negotiations Approach with Leonard Bierman, 68 SOUTHERN CALIFORNIA LAW REVIEW 363 (1995)

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Through the Looking Glass: Can Title VII Help Women and Minorities to Shatter the Glass Ceiling with Ramona L. Paetzold, 31 HOUSTON LAW REVIEW 1517 (1995)

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A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases with Pablo T. Spiller, 6 JOURNAL OF LAW, ECONOMICS, AND ORGANIZATION 263 (1990).

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Book Chapters/Collected Works

Workplace No-Spouse Rules with T. Chandler, R. Cheramie, & J. Howard in 2000 EMPLOYMENT LAW UPDATE, (H. Perritt, Jr., Aspen Law & Business 2000)

Workplace English-only Rules in 1999 EMPLOYMENT LAW UPDATE, (H. Perritt, Jr., Aspen Law & Business 1999)

Other Publications

The Determinants of Public Employee Unions’ Political Activities with Timothy Chandler, PROCEEDINGS OF THE FORTH-SEVENTH ANNUAL MEETING, INDUSTRIAL RELATIONS RESEARCH ASSOCIATION (1995)

Professional Journals

Card-Check Laws and Public Sector Union Membership in the States, 36(4) LABOR STUDIES JOURNAL 445 (2011)

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Workplace Songs: Developing a Framework for Research and Teaching, 25 INTERNATIONAL JOURNAL OF COMPARATIVE LABOUR LAW AND INDUSTRIAL RELATIONS 49 (2009)

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Measuring the Effects of Post-Government Employment Restrictions with Asghar Zardkoohi, 3 AMERICAN LAW & ECONOMICS REVIEW 288 (2001)

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Electromation: What Could Have Been But Wasn’t, 49 LABOR LAW JOURNAL 1053 (1998)

Toward Identifying the Determinants of Public-Employee Unions’ Involvement in Political Activities with Timothy Chandler, 26 AMERICAN REVIEW OF PUBLIC ADMINISTRATION 417 (1996)

Protective Service Unions, Political Activities and Bargaining Outcomes with Timothy Chandler, 5 J. PUB. ADMIN. RESEARCH & THEORY 295 (1995)

Protective Service Unions’ Political Activities and Departmental Expenditures with Timothy Chandler, 16 JOURNAL OF LABOR RESEARCH 171 (1995)

Salting the Contractors’s Labor Force: Comment with Leonard Bierman, 15 JOURNAL OF LABOR RESEARCH 309 (1994)

Public Sector Unions’ Political Activities and Department Expenditures with Timothy Chandler, 1993 ACADEMY OF MANAGEMENT BEST PAPERS PROCEEDINGS 299 (1993)

The Determinants of Management’s Organizational Structure in the Public Sector with Timothy Chandler, 14 JOURNAL OF LABOR RESEARCH 381 (1993)

Congressional Control or Judicial Independence: The Determinants of US Supreme Court Labor Relations Decisions with Pablo T. Spiller, 23 RAND JOURNAL OF ECONOMICS 463 (1992)

Working Papers

Understanding Card-Check Organizing: The Public Sector Experiencewith Timothy Chandler, UNIVERSITY OF MISSOURI SCHOOL OF LAW LEGAL STUDIES RESEARCH PAPER NO. 2010-12.

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