Miriam A. Cherry
Associate Professor of Law
B.A., Dartmouth College, summa cum laude
J.D., Harvard Law School, cum laude
Phone: (916) 739-7332 
Email Professor Cherry
Tel: 916.739.7332
Read Professor Cherry’s publications on SSRN
Professor Cherry’s scholarship is interdisciplinary and focuses on the intersection of technology and globalization with business and employment law topics. Her articles have been or will be published in Northwestern Law Review, Minnesota Law Review, University of Illinois Law Review, Washington Law Review, Alabama Law Review, UC Davis Law Review, Berkeley Journal of Employment & Labor Law, and Georgetown Journal of Legal Ethics, among others.
After graduation from law school, Professor Cherry clerked for Justice Roderick Ireland of the Supreme Judicial Court of Massachusetts and then for Judge Gerald Heaney of the U. S. Court of Appeals for the Eighth Circuit. In 2001, a transition to the private sector took Professor Cherry to the Boston firm of Foley Hoag LLP, where she practiced corporate law with an emphasis on mergers and acquisitions, venture capital and private debt financing. She was also associated with Berman, DeValerio & Pease where she was involved in litigating several accounting fraud cases including those against former telecom giant WorldCom and Symbol Technologies, which resulted in a $139 million settlement. In 2008, Professor Cherry was elected a member of the American Law Institute. During the fall of 2009, she will be a visiting professor at the University of Georgia Law School.
Click here for Professor Cherry’s full CV.
Courses: Business Associations | Contracts | Employment Law
Recent Publications:
Books:
Global Issues in Employment Law (2008) (with Samuel Estreicher) (part of Thomson-West Global Issues Series).
Understanding Mergers and Acquisitions (with Franklin A. Gevurtz) (part of Lexis Understanding Series) (forthcoming, 2009).
Law Review Articles:
Clawbacks: Prospective Contract Measures in an Era of Excessive Executive Compensation and Ponzi Schemes, 94 Minn. L. Rev. ___ (forthcoming 2009) (with Jarrod Wong).
Working for (Virtually) Minimum Wage: the Fair Labor Standards Act in Cyberspace , __ Ala. L. Rev. __ (forthcoming 2009).
Prediction Markets and the First Amendment, 2008 Illinois L. Rev. 833 (2008) (with Robert L. Rogers).
Tiresias and the Justices: Using Information Markets to Predict Supreme Court Decisions, 100 Northwestern University L. Rev. 1141 (2006) (with Robert L. Rogers).
Markets for Markets: Origins and Subjects of Information Markets 58 Rutgers L. Rev. 339 (2006) (with Robert L. Rogers).
Decentering the Corporation: Using the Limited Liability Company to Organize Low Wage Immigrant Workers, 39 U.C. Davis L. Rev. 787 (2006).
Whistling in the Dark? Corporate Fraud, Whistleblowers, and the Implications of the Sarbanes-Oxley Act for Employment Law, 79 Washington L. Rev. 1029 (2004).
How to Succeed in Business Without Really Trying (Cases): Gender Stereotypes and Sexual Harassment Since the Passage of Title VII, 22 Hofstra Labor & Employment L. J. 533 (2005) (invited symposium contribution).
A Tyrannosaurus-Rex Aptly Named “Sue”: Using a Disputed Dinosaur to Teach Contract Defenses , 82 N.D. L. Rev. 295 (2005).
Exercising the Right to Public Accommodations: The Debate Over Single-Sex Health Clubs , 52 Maine Law Review 97 (2000).
Shorter Work:
Essay, the Global Dimensions of Virtual Work , __ St. Louis Univ. L. J. __ (forthcoming 2009) (invited symposium contribution).
Book Review of Jeffrey Brandon Morris’s Establishing Justice in Middle America: A History of the United States Court of Appeals for the Eighth Circuit, 27 Law & History Rev . 220 (2009).
Essay, Working (with) Workers: Implementing Theory, 41 Suffolk L. Rev. 731 (2008) (contribution to AALS annual meeting panel).
Essay, Exploring (Social) Class in the Classroom: The Case of Lucy, Lady Duff Gordon, 28 Pace L. Rev. 235 (2008) (invited symposium contribution).
A Satire of Law Firm Employment Practices (Book Review of Jeremy Blachman’s Anonymous Lawyer), 20 Georgetown J. Legal Ethics, 1137 (2007).
No Longer Just Company Men: The Flexible Workforce and Employment Discrimination (Book Review of Katherine V.W. Stone’s From Widgets to Digits), 27 Berkeley J. Lab. & Emp. L. 209 (2006).
Images of Women Workers in Film , 10 Employee Rights & Employment Policy J. 295 (2006) (published remarks, American Association of Law Schools conference).
Reality at Work , Legal Times, Oct. 31, 2005 (reprinted as Losing Out by Not Fitting in: What Do Martha, Donald, and the Apprentice Really Tell Us, Conn. L. Trib., Nov. 14, 2005).
Call the Foul Against Title IX: To Defeat Gender Discrimination, High Court Should Let Whistleblowers Sue for Retaliation , Legal Times, November 29, 2004.
The Five Stages of Law Review Submission (with Brannon P. Denning) (unpublished satire, available on SSRN).
Case Comment, A Negotiation Approach to Mandatory Arbitration Contracts , 4 Harvard Negotiation L. Rev. 269 (1999).
Note, Not-So-Arbitrary Arbitration: Using Title VII Disparate Impact Analysis to Invalidate Employment Contracts That Discriminate , 21 Harvard Women’s L. J. 267 (1998).
Works in Progress:
Virtual Work
The Impact of Technological Change on Whistleblowing Doctrine.
Trover, the Amazing Living Dog and Other Contracts Hypotheticals
Edith Wharton’s Contractual View of Marriage
