J. H. Verkerke

  • T. Munford Boyd Professor of Law
  • Director, Program for Employment and Labor Law Studies

J.H. (Rip) Verkerke is a professor of law and director of the Program for Employment and Labor Law Studies at the University of Virginia School of Law. He earned an M.Phil. in economics and a J.D. from Yale University. He joined the UVA Law School faculty in 1991 after clerking for Judge Ralph K. Winter, Jr. of the U.S. Court of Appeals for the Second Circuit. Verkerke teaches contracts, several employment law courses and a seminar on behavioral economic analysis of law.

A pioneer in the use of technology to support legal education, Verkerke was selected as an inaugural member of the University Academy of Teaching and won an All-University Teaching Award in 2007. In 2012, he received a Hybrid Challenge Grant for Technology-Enhanced Teaching to transform his first-year contracts class using the flipped classroom model of instruction. He currently chairs the University Committee on Information Technology.

Verkerke’s published research focuses on employment discrimination law, employment contracts, vicarious liability, the economics of discrimination, and contract theory. He has recently begun an empirical study of law school teaching practices and how those methods affect student experiences and outcomes. Verkerke is also the author of an open-source contract law casebook published by the CALI eLangdell Press.

Education

  • J.D.
    Yale Law School
    1990
  • M.Phil.
    Yale University
    1988
  • B.A.
    Loyola College
    1983

Forthcoming

Contract Doctrine, Theory and Practice - Principal Cases, CALI eLangdell Press (2 ed. 2023).
Contract Doctrine, Theory and Practice, CALI eLangdell Press (2 ed. 2023).
Deconstructing Employment Contract Law (with Rachel S. Arnow-Richman), Florida Law Review (2023).

Textbooks

Contract Doctrine, Theory & Practice2 , CALI eLangdell Press (1 ed. 2012).
Contract Doctrine, Theory & Practice3 , CALI eLangdell Press (1 ed. 2012).
Contract Doctrine, Theory & Practice1 , CALI eLangdell Press (1 ed. 2012).

Book Chapters

What We Know (and Don’t Know) About How Employment Protection Law Affects Employment, in Enterprise Law: Contracts, Markets, and Laws in the US and Japan, Edward Elgar, 53–69 (2014).
Discharge, in Labor and Employment Law and Economics, Edward Elgar, 447–479 (2009).
The Story of Woolley v. Hoffman-La Roche: Finding a Way to Enforce Employee Handbook Promises, in Employment Law Stories, Foundation Press, 23–65 (2007).
Towards an Economic Theory of Disability Discrimination Law, in NYU Working Papers on Labor and Employment Law, 1998-1999, Kluwer Law International, ch. 5 (2001).
The Triumph of Formalism in the Supreme Court’s Recent Employer Liability Decisions, in Sexual Harassment in the Workplace: Proceedings of New York University 51st Annual Conference on Labor, Kluwer Law International, 345–360 (1999).
Employment Contract Law, in The New Palgrave Dictionary of Economics and the Law, Macmillan, 47–53 (1998).

Articles & Reviews

Has China’s Labor Contract Law Curtailed Economic Growth? (with Wenwen Ding), 99 Denver University Law Review 453–515 (2022).
Gender Differences in Law School Classroom Participation: The Key Role of Social Context (with Molly Bishop Shadel & Sophie Trawalter), 108 Virginia Law Review Online 30–54 (2022).
Employment Regulation and Youth Employment: A Critical Perspective, 38 Harvard Journal of Law & Public Policy 803–816 (2015).
Legal Ignorance and Information-Forcing Rules, 56 William & Mary Law Review 899–960 (2015).
Disaggregating Antidiscrimination and Accomodation, 44 William & Mary Law Review 1385–1420 (2003).
Is the ADA Efficient?, 50 UCLA Law Review 903–958 (2003).
Legal Regulation of Employment Reference Practices, 65 University of Chicago Law Review 115–178 (1998).
Un Approccio di Law and Economics alla Questione della Libertá di Licenziamento Negli Stati Uniti, 17 Rivista italiana di diritto del lavoro (1998).
An Empirical Perspective on Indefinite Term Employment Contracts: Resolving the Just Cause Debate, 1995 Wisconsin Law Review 837–918 (1995).
Notice Liability in Employment Discrimination Law, 81 Virginia Law Review 273–385 (1995).
Free to Search, 105 Harvard Law Review 2080–2097 (1992).
Racial Disparity and Employment Discrimination Law: An Economic Perspective (with James J. Heckman), 8 Yale Law & Policy Review 276–298 (1990).
Responses to Epstein (with James J. Heckman), 8 Yale Law & Policy Review 320–323 (1990).
Compensating Victims of Preferential Employment Discrimination Remedies, 98 Yale Law Journal 1479–1500 (1989).
Open Questions in Defense Economics and Economic Warfare (with Martin Shubik), 33 Journal of Conflict Resolution 480–499 (1989).

Reports & Datasets

Public Report on the Ability of Public Universities and Political Subdivisions in Virginia To Require Contractors To Pay Employees a Living Wage (with Nooreen Reeza & Eliza Schultz), University of Virginia Public Report 1–36 (2020).
Mapping Employment Dismissal Law: A Leximetric Investigation of EPL Stringency and Regulatory Style (with Benoit Pierre Freyens), ILO 1–48 (2017).

Current Courses

Conservation Planning and Law
Employment Law: Contracts, Torts, and Statutes
Employment Law: Wage & Hour Regulation
Seminar in Ethical Values (YR)

All Courses

Contracts
Employment Law: Contracts, Torts & Statutes
Employment Law: Health & Safety
Employment Discrimination Law
Behavioral Law and Economics (seminar)
Employment & Labor Law: A Global Perspective (seminar)
Workplace Norms and the Law (seminar)
Seminar in Ethical Values

IN THE NEWS

05/02/2023
Is a Workplace Shooting a Worker’s Compensation Issue? Employers — and Virginia Law — Think So. (WHRO Radio)
04/19/2023
Here’s Where Chesapeake Walmart Lawsuits Stand as the Site of November Shooting Reopens (The Virginian-Pilot)
01/18/2023
ADA Could Play Role In New Religious Accommodation Test (Law360)
01/13/2023
Binance Volunteers Work for Swag and Hope for Jobs. It’s Raising Red Flags. (Barron’s)
11/07/2022
Tennesseans To Mull Right-To-Work Law In Midterm Vote (Law360)
09/07/2022
Chesterfield Teachers Union To Campaign for Collective Bargaining Rights (Richmond Times-Dispatch)
07/27/2022
Amazon Safety Inspections Likely Part of Wider Criminal Inquiry (Bloomberg Law)
06/06/2022
Airline Cargo Loaders Are Exempt From Arbitration Law, SCOTUS Rules (The National Law Journal)
05/23/2022
High Court Ruling Could Cause Speedier Arb. Bids, Attys Say (Law360)
04/07/2022
New Study Offers Solutions to Unequal Participation in Classes (NBC29)
04/06/2022
5th Circ. Poised To Weigh In On Former NLRB GC’s Firing (Law360)
03/08/2022
This GRTC Driver Was Beaten on His Route. His Workers’ Comp Was Denied: ‘We Are Struggling’ (CBS 6)
02/08/2022
Biden’s Union Blueprint Unlikely To Have Immediate Impact (Law360)
11/21/2021
Brackney’s Legal Proceedings Aren’t Uncommon, Legal Experts Say (The Daily Progress)
11/05/2021
Virginia's Red Wave Bolsters ‘Right To Work,’ For Now (Law360)
07/28/2021
Virginia’s Number One For Business, But What About Workers? (Virginia Dogwood)
02/04/2021
Workers’ Compensation Can Soothe Some Covid Vaccine Fears (Bloomberg Law)
01/26/2021
After 10 Months of Minimal Oversight, Biden Orders OSHA To Get To Work (The Counter)
05/20/2020
Should Law Firms Fear Latest Ruling in Jones Day Gender Bias Case? (The American Lawyer)
05/07/2020
President Trump Described Meatpackers’ ‘Liability Problems.’ Here’s What That Could Mean for Workers. (The Counter)
04/27/2020
Companies Seek To Limit Legal Liability for Virus Infections (The Associated Press)
02/26/2020
Virginia to Become First Southern State to Ban LGBT Discrimination (Courthouse News Service)
08/16/2019
Jones Day Parental Leave Bias Suit Likely to Reverberate (The American Lawyer)
12/08/2018
A Prominent White Supremacist Is An EMT In Virginia. Now The State Is Investigating Him. (Huffington Post)
08/04/2018
Fredericksburg Schools Superintendent Has Highest Salary in Region (The Free Lance-Star)
03/28/2018
Experts Urge Firefighters To File OSHA Complaint (The East Carolinian)
01/06/2018
Steve Bannon Probably Violated His NDA — And There’s Little Trump Can Do About It (VICE News)
05/29/2017
This Woman's Sexual Discrimination Case Against DC Has Lasted 27 Years (The Washington Post)
03/31/2017
UVA Faculty: Next President Must Juggle More Than Education (The Daily Progress)
03/01/2017
Appeals Court Misinterpreted Definition of ‘Willful Misconduct,’ High Court Finds (WorkCompCentral)
11/09/2016
Right-To-Work Amendment Fails, Tax Break Amendment Passes (The Cavalier Daily)
09/29/2016
New Overtime Regulations Take Effect on Dec. 1 (WINA)
08/09/2016
Sex Assault Survivor Who Blew Whistle Denied Accomodation by Va. IG (Richmond Times-Dispatch)
08/09/2016
Sex Assault Survivor Who Blew Whistle Denied Accomodation by Va. IG (Richmond Times-Dispatch)
07/26/2016
Court: Injury Sustained in 45 Minutes Isn’t Result of Repetitive Trauma (Work Comp Central)
06/25/2016
The Real Impact of Corey Lewandowski's Nondisclosure Agreement with Donald Trump (The Washington Post)
06/10/2016
Who's Responsible for Keeping You Safe at Work? (NewsRadio WINA)
06/08/2016
Is Your Boss Responsible for Protecting You Against a Mass Shooter? (VICE)
12/11/2015
U.S. States Pass Laws Backing Uber's View of Drivers as Contractors (Reuters)
07/17/2015
EEOC Decision No Silver Bullet For Gay Bias Plaintiffs (Law 360)
06/26/2015
Gay Marriage Ruling To Boost LGBT Worker Protection Efforts (Law 360)
05/02/2015
Wal-Mart, Top Retailers Largely Skim 2014's FLSA Wave (Law 360)
03/09/2015
DOL Wins Rule-Making Battle, But Deference Rift Lingers (Law 360)
01/21/2013
An Innovative Contracts Course at UVA (Legal Skills Prof Blog)
08/17/2012
Is Facebook Free Speech? UVA Law Profs Weigh In On Hampton Firings (The Daily Progress)
08/09/2012
Norfolk Southern Told to Pay Another Fired Employee (The Virginian-Pilot)
07/26/2012
Survivor of Aurora 'Batman' Shooting Plans Lawsuit (NewJerseyNewsroom)
07/25/2012
In Wake of Tragedy, Lawyers Step In: Colorado Shooting Survivor Plans Suit, Says Publicist (Yahoo! News)
04/02/2012
UI suit concerns area Republicans (Iowa City Press-Citizen)
01/06/2012
Families of Dead Blackwater Contractors Settle Suit (The Virginian-Pilot)
08/12/2011
Norfolk Southern Told to Pay $122,199 to Ex-Employee (Virginia Pilot)
02/01/2011
Williams: Can City Count on Council? (Richmond Times-Dispatch)
06/03/2010
Workers' Comp Case Could Open Floodgates for Cases of Football-Related Dementia (Neurology Today)
05/11/2010
City Attorneys: Wilder-Era Suit 'Legally Flawed' (Style Weekly)
03/06/2010
Virginia Terminals had 17 Safety Violations in Five Years (The Virginian-Pilot)
02/27/2008
Union Membership Continues Decline (Newport News Daily Press)
11/20/2007
Contract Clause Prompts Discussion (Fredericksburg Free Lance-Star)
02/15/2006
Test Ruled Biased Because of Disparity in Pass Rates (The Virginian-Pilot)
12/05/2005
4th U.S. Circuit Court of Appeals Changes Test for Title VII Claim (Virginia Lawyers Weekly)
04/25/2005
Commentary: I Think, Therefore I Blog (The New Paper [Singapore])
11/24/2004
Coffee, Tea, or Fired for Blogging?/The Queen of the Sky Gets Grounded (National Review Online)
11/16/2004
Fired Flight Attendant Finds Blogs Can Backfire (The New York Times)
03/01/2004
Would You Hire This Man?/Charles Cullen Kept Getting Hired and Fired Until His Murder Arrest. Why Job References Say Too Little (Christian Science Monitor)
01/25/2003
Redskins Seek Relief from Workers' Comp Rules (NPR)
03/14/2002
Harassment Suit Against Radford Police Dismissed (Roanoke Times)

AT UVA LAW

Why Professors Should Call on Law Students — With a Plan
Vicarious Liability for Employee Torts with Professor J.H. Verkerke
UVA Law Symposium to Examine Privacy on Social Media
UVA Law Professor Models New Way of Teaching with Technology
"Disclosure and the Information Tradeoff: A Student Scholarly Lunch with Michael Gilbert"
Are Facebook 'Likes' Protected by the First Amendment?
Mroz, Hollander Win Moot Court Competition
Verkerke Wins All-University Teaching Award
Vicarious Liability for Employee Torts with Professor J.H. Verkerke

Featured Scholarship