Catherine Fisk teaches Employment Law, Labor Law, Civil Procedure, and Understanding the U.S. Legal Profession. She is a Faculty Director of the Berkeley Center for Law and Work and the Berkeley Center for Law & Technology.
Professor Fisk is the author of several books. Her first, Working Knowledge: Employee Innovation and the Rise of Corporate Intellectual Property, 1800-1930 (University of North Carolina Press, 2009, 2014), won prizes from the American Society for Legal History and the American Historical Association. In her next book, Writing for Hire: Unions, Hollywood, and Madison Avenue (Harvard University Press, 2016), Fisk explored the law and norms of credit and compensation for writing, contrasting the writer-protective rules negotiated by unionized writers in film and TV with far less protective norms developed in non-union advertising. Fisk is the co-author of four books for use in law school and legal studies classes: Labor Law in the Contemporary Workplace (3d ed. 2019), The Legal Profession: Ethics in Contemporary Practice (2d ed. 2019), What Lawyers Do: Understanding the Many American Legal Practices (2020), and Labor Law Stories (2005). Her next book will examine the professional identities of lawyers who represented activist, multi-racial, and politically progressive unions in the mid-twentieth century.
Fisk has published over 100 articles and essays in leading publications including, most recently, California Law Review, Berkeley Journal of Employment and Labor Law, Harvard Law Review Forum, Yale Law Journal Forum, Law and History Review, Ohio State Law Journal, and Indiana Law Journal. Her recent articles address the intersection of antitrust, labor, and copyright law in structuring labor relations in American theatre, the crafting of New Deal era labor and social welfare legislation, social movement lawyering, free speech rights of worker organizations and in the workplace, new forms of labor organizing, and police unions.
Professor Fisk’s current public service and pro bono legal work includes filing amicus briefs on various labor and employment law issues, service on the Advisory Board of the Berkeley Labor Center, the board of directors of the American Society for Legal History and the boards of directors of two Bay Area workers’ rights nonprofits, and occasional service as an arbitrator under collectively bargained labor contracts. Before joining the Berkeley faculty in 2017, she was on the law faculties at UC Irvine, Duke University, the University of Southern California, and Loyola Law School of Los Angeles. Prior to entering academia, Fisk practiced civil appellate litigation and union-side labor law in Washington, D.C., and clerked on the Ninth Circuit. Fisk received an AB summa cum laude from Princeton University and a JD from the University of California, Berkeley, where she was elected to Order of the Coif.
Education
AB, Princeton University (1983)
JD, University of California, Berkeley (1986)
LLM, University of Wisconsin (1995)
Catherine Fisk is teaching the following course in Fall 2023:
200F sec. 003 - Civil Procedure
Courses During Other Semesters
Semester | Course Num | Course Title | ![]() | Spring 2023 | 211.11 sec. 001 | Understanding the U.S. Legal Profession | View Teaching Evaluation | 227 sec. 001 | Labor Law | View Teaching Evaluation | 227.32 sec. 001 | Current Issues in Work Law | View Teaching Evaluation | Fall 2022 | 284.1 sec. 001 | Employment Discrimination | View Teaching Evaluation | Spring 2022 | 206C sec. 001 | Note Publishing Workshop | View Teaching Evaluation | 211.11 sec. 001 | Understanding the U.S. Legal Profession | View Teaching Evaluation | 227.21 sec. 001 | Employment Law | View Teaching Evaluation |
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Grubhub Driver’s Appeal Tackles Unsolved California Gig Issues
Professor Catherine Fisk says frivolous suits are the price we all pay for having legal rights and a court system to enforce them
Back to the office? The complaints and lawsuits are already trickling in
Professor Catherine Fisk says employment laws were developed with the annual flu in mind, not a global pandemic
Opposing the PRO Act, Uber and Other Gig Companies Spend Over $1 Million Lobbying Congress
Professor Catherine Fisk discusses the PRO Act and says it would change is whether independent contractors have the right to form a union and bargain collectively
Amazon Work Rules Govern Tweets, Body Odor of Contract Drivers
Professor Catherine Fisk discusses Amazon’s controlling Delivery Service Provider contract and policies
Some Amazon Drivers Have Had Enough. Can They Unionize?
Professor Catherine Fisk explains the legal complexities of who can unionize
From Economics to History, Recent Books Showcase Depth and Breadth of Faculty Scholarship
Fifteen books published in 2019 and 2020 were highlighted at a recent event, including work by Ian Haney López, Franklin Zimring, and Dean Erwin Chemerinsky.
PRO Act, called ‘most important labor legislation in several generations,’ passes House
Professor Catherine Fisk explains that the PRO Act applies only to rights to unionize and bargain collectively and says freelancers would have no competitive advantage from one state to another
Symposium Experts Call for Furthering Genuine Police Reform and Targeting Labor Agreements
The meeting drew from the legal, academic, and policy realms to discuss how to make police more accountable.
What Google’s Union Can Do Now and What It Needs to Do Next
Professor Catherine Fisk says Google employees’ union’s relatively low numbers should be expected, if not embraced, as a start
At a Critical Juncture, New Berkeley Law Center Emphasizes Workers’ Rights
As the COVID-19 pandemic continues to crush workers, especially the lowest earners, the Center for Law and Work puts them in the spotlight.
Democrats’ Coming Civil War Over Police Unions
Professor Catherine Fisk explains why qualified immunity creates a too high a bar for victims of police violence
Like many US workers, Trump staff has little recourse if asked to work alongside sick colleagues
Professor Catherine Fisk says OSHA may feel themselves powerless to protect West Wing workers from exposure to the virus by the president
Independent Contractor Rule Would Give Employers Potent Weapon
Professor Catherine Fisk explains the issues with the Labor Department’s proposal to adopt a shorter, simpler test for when employers may legally classify workers as independent contractors rather than employees who are covered by federal minimum wage and overtime law
What are ‘wandering officers’? Experts break down troubling policing pattern
Professor Catherine Fisk says union protections make it difficult to charge police officers with crimes
San Francisco Bans Discrimination of Workers With Covid-19
Professor Catherine Fisk weighs in as San Francisco passes an emergency ordinance that temporarily bars employers from taking adverse action against employees and job applicants who tested positive for Covid-19 or who are or were isolating due to Covid-19 symptoms or exposure
How police unions became so powerful — and how they can be tamed
Professor Catherine Fisk looks at the history of police unions and examines steps police departments can take make reforms
How We Can Reform Police Unions To Address Systemic Racism
Professor Catherine Fisk discusses the ways police unions and cities can work together to make meaningful reform
US police torn between shame and pride for their badge
Professor Franklin Zimring discusses the history of police violence, in the wake of the murder of George Floyd
Amazon Hiring Spree Bolsters Its Workplace Safety Team
Professor Catherine Fisk discusses occupational safety and health as Amazon faces litigation over alleged unsafe work conditions
Some Tesla factory employees say they’re being pressured to return to work
Professor Catherine Fisk weighs in on the struggles employees face as they weigh their protections under law against the pressure to return to work, as Tesla reopens their factories