Associate Dean of Legal Analysis and Writing
Professor of Law
John and Frances Angelos Law Center, Room 507
Administrative Assistant: Deborah Pinkham
John and Frances Angelos Law Center, Room 502
J.D., University of Virginia
B.A., Drew University
On July 18, 2012, Modesitt participated as an invited guest in a roundtable discussion at the U.S. Equal Employment Opportunity Commission. Video of the discussion, which focused on how the EEOC should prioritize enforcement over the next three years to best fight discrimination in the workplace, is now available online.
Areas of Expertise
Modesitt joined the faculty in fall 2007 as an assistant professor. From 2003 to 2007 she worked at the American University, Washington College of Law, teaching Contracts, Labor and Employment Law, and Legal Rhetoric. Modesitt was the academic coordinator of the Legal Rhetoric Program in 2005-06, and an adjunct professor in that program in 2002-03. While in practice, Modesitt worked for several large law firms as well as for the U.S. Department of Justice. Her practice focused on employment litigation and counseling, including handling matters ranging from defending employers in employment discrimination lawsuits to negotiating and drafting employee intellectual property agreements.
Books and Book Chapters
Whistleblowing: The Law of Retaliatory Discharge , Nancy Modesitt, Janie Schulmann, and Daniel Westman (3d Ed. Bloomberg 2015) .
Articles and Essays
OSHA’s Comprehensive Failure to Protect Workers During the COVID-19 Pandemic, 126 Dickenson L. Rev. 193 (2021).
The War on Whistleblowers , 6 U. Penn. J. L. & Pub. Affairs 603 (2021).
A New Type of Circuit Split: The Hidden Circuit Split in Retaliation Cases, 68 U. Kan. L. Rev. 137 (2019).
Targeting Impeachment Whistleblower has a Chilling Effect, The Baltimore Sun, Nov. 13 2019.
Could Knowing How Much Your Co-Worker Earns Help Close the Gender Pay Gap? The Conversation, May 1, 2016, available at https://theconversation.com/could-knowing-how-much-your-coworker-earns-help-close-the-gender-pay-gap-58570.
Causation in Whistleblowing Claims, 50 U. Rich. L. Rev. 1193 (2016)
Whistleblowing: The Law of Retaliatory Discharge (3d ed. 2015) (with Janie Schulman & Daniel Westman).
Why Whistleblowers Lose: An Empirical and Qualitative Analysis of State Court Cases, 62 U. Kan. L. Rev. 165 (2013).
The Garcetti Virus, 80 U.Cinn. L. Rev. 137 (2011).
Reinventing the EEOC, 63 S.M.U.L. Rev. 1237 (2010).
The Hundred-Years War: The Ongoing Battle Between Courts and Agencies over the Right to Interpret Federal Law, 74 Mo. L. Rev. 949 (2009).
Wrongful Discharge: The Use of Federal Law as a Source of Public Policy, 8 U. Pa. J. Lab. & Empl. L. 623 (2006).