Resident Faculty: Moberly

Appointments

• Professor of Law, 2012
• Associate Dean for Faculty, 2011
• Associate Professor of Law, 2009
• Assistant Professor of Law, 2004

Biography

Professor Richard Moberly joined the law faculty in August 2004, after practicing as an attorney with McKenna Long & Aldridge LLP in Atlanta, Georgia. After receiving his B.A. degree in History, summa cum laude, from Emory University, Professor Moberly graduated magna cum laude from Harvard Law School and served as an editor of the Harvard Law Review. After law school, he served as a law clerk for the Honorable N. Carlton Tilley, Jr., United States District Judge for the Middle District of North Carolina.

Professor Moberly teaches Employment Law, Evidence and in the Civil Clinical Law Program. He also coaches the Law College's award-winning Trial Team. In 2006 and 2011, he was voted the Professor of the Year by upperclass law students. In 2007, Professor Moberly received a College Distinguished Teaching Award. Also, in 2007-08, he received the Cline Williams Research Chair. In 2011, Professor Moberly was appointed Associate Dean for Faculty.

Professor Moberly's research interests include employee whistleblower protection. He has published numerous articles on whistleblowing and retaliation, including an empirical study of Sarbanes-Oxley claims published in the William & Mary Law Review and an analysis of the Supreme Court's approach to retaliation cases, which was published recently in the Case Western Reserve Law Review.  He also has spoken internationally on whether corporate codes of ethics provide protection to whistleblowers and on the impact of the Sarbanes-Oxley whistleblower protections. In May 2007, the United States House of Representatives invited Professor Moberly to testify on his research and as an expert on federal whistleblower protections in a hearing before the Subcommittee on Workforce Protections entitled Private Sector Whistleblowers: Are There Sufficient Legal Protections? Look here for a copy of Professor Moberly's Written Testimony and videos of his Testimony & Q & A from the hearing.

In 2012, Professor Moberly completed an article evaluating President Obama's policies towards whistleblowers, which will appear in the Employee Rights & Employment Policy Journal, and an article examining the impact the Sarbanes-Oxley Act of 2002 has had on whistleblower protections during the last decade, which will appear in the South Carolina Law Review.

Employment Law

Law 647/G (1-4 cr) Analysis of the employment relationship as it has developed outside of the collective bargaining context. History and current status of the employment relationship, including discharge-of-will, occupational safety and health, minimum wage/maximum hour legislation, unemployment compensation and noncompetition agreements.

Evidence

Law 646/G (EDAD 971) (1-4 cr) Relevancy and admission of evidence, including hearsay, opinions, privileges, other exclusionary rules, examination of witnesses, judicial notice, and physical evidence.

Clinical Practice-Civil

Law 798/G (2-6 cr) Open only to students with senior standing. Students are also required to attend a seminar on lawyering skills and the representation of clients. Students, under close faculty supervision, advise and represent clients in a variety of civil cases, including landlord-tenant, consumer, collection, bankruptcy, immigration, tax, and domestic relations cases.

Books

• Problems and Materials in Evidence and Trial Advocacy (5th ed. 2010)
• Evidence in Context (4th ed. 2010)

Book Chapters

• An Empirical Study of Whistleblower Policies in United States Corporate Codes of Ethics, in Whistleblowing and Democratic Values (David B. Lewis & Wim Vandekerckhove, eds., 2011) (co-authored) 

Articles

• Whistleblowers and the Obama Presidency: The National Security Dilemma, 16 Employee Rts. & Emp. Pol'y J. (forthcoming 2012)
• Sarbanes-Oxley's Whistleblower Provisions - Ten Years Later, 64 S.C.L. Rev. (forthcoming 2012)
• The Supreme Court's Antiretaliation Principle, 61 Case Western Res. L. Rev. 375 (2010).
• Protecting Whistleblowers By Contract, 79 Colo. L. Rev. 975 (2008).
• Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win, 49 Wm. & Mary L. Rev. 65 (2007)
  • Methodology of Empirical Study for Unfulfilled Expectations
  • Additional Data Tables for Unfulfilled Expectations
• Sarbanes-Oxley's Structural Model to Encourage Corporate Whistleblowers, 2006 BYU Law Review 1107
• The Americans With Disabilities Act in Cyberspace: Applying the 'Nexus' Approach to Private Internet Websites, 55 Mercer Law Review 963 (2004)
• Long-term Employment Agreements with In-house Counsel: Employment Security or Ethical Quagmire, 9 Ga. B.J. 20(2003)(co-authored article).
• Third Circuit Holds That Prayer at Graduation is Unconstitutional Even if it Results from a Student Vote, 110 Harv. C. Rev. 78, (1997).

Presentations

• Sarbanes-Oxley at 10, International Whistleblower Research Network Conference, Seattle University School of Law (March 24, 2012).
• A Whistleblowing Overview, CLE: Whistleblowing: Law, Compliance & the Public Interest, Seattle, Washington (March 23, 2012).
• Sarbanes-Oxley at 10, University of Tasmania Law School, Tasmania, Australia (March 2, 2012).
• Sarbanes-Oxley at 10, Griffith University Law School, Gold Coast, Australia (Feb. 22, 2012).
• Whistleblowing and Retaliatory Discharge: Significant Developments in 2011, Bureau of National Affairs Webinar (Nov. 16, 2011).
• Obama and National Security Whistleblowers, University of Nebraska College of Law (Oct. 6, 2011).
• A Perfect Storm: National Security, Civil Liberties and Ethics in a Post 9/11 World, University of Nebraska College of Law (Sept. 27, 2011).
• Obama’s Whistleblowing Dilemma, Sixth Annual Colloquium on Current Scholarship in Labor and Employment Law, Southwestern Law School (Sept. 16, 2011).
• Whistleblower Protection in U.S. Corporate Codes of Conduct, International Whistleblower Research Network Conference, Middlesex University, London, United Kingdom (June 24, 2011).
• Antiretaliation Protection for Whistleblowers, Washington University (Sept. 24, 2010).
• Crawford and the Supreme Court’s Antiretaliation Principle, Southeastern Association of Law Schools Conference (Aug. 6, 2009).
• Strategies for Whistleblower Protection, Seton Hall Law School Faculty Colloquium Series (Oct. 14, 2007).
• Contract Protection for Whistleblowers, Second Annual Colloquium on Current Scholarship in Labor and Employment Law, Denver University Law School (Sept. 28, 2007).
• Testimony, Private Sector Whistleblowers: Are There Sufficient Protections?, Before the Subcommittee on Workforce Protections, Committee on Education and Labor, U.S. House of Representatives, 110th Congress (May 15, 2007).
• Sarbanes-Oxley’s Anti-retaliation Protections: An Empirical Perspective, First Annual Colloquium on Current Scholarship in Labor and Employment Law, Marquette University Law School (Oct. 28, 2006).

Research Areas

• Employment Law
• Whistleblowing
• Retaliation