Matthew Bodie

Matthew Bodie

  • Professor of Law
  • Robins Kaplan Professor of Law
348 Mondale Hall

Degrees

  • Princeton University, A.B.
  • Harvard Law School, J.D.
  • New York University School of Law, LL.M.

Expertise

  • Business Law
  • Contracts
  • Corporate Governance
  • Employment Law
  • Labor & Employment Law

Professor Matthew T. Bodie is the Robins Kaplan Professor at University of Minnesota Law School.  He teaches and writes on labor and employment law, corporate law, data privacy, and algorithmic management. Professor Bodie has published over fifty book chapters and articles in journals such as Georgetown Law Journal, Notre Dame Law Review, Vanderbilt Law Review, and Virginia Law Review.  With Grant Hayden, he is the author of Reconstructing the Corporation: From Shareholder Primacy to Shared Governance (Cambridge University Press 2021).  He served as a Reporter for the ALI’s Restatement of Employment Law (2015), focusing on employee privacy and autonomy.  He and Samuel Estreicher are the authors of Labor Law for Foundation Press’s Concepts and Insights series (2016 and 2020 editions). The New York Times, the Wall Street Journal, the Washington Post, and other publications have quoted him on topics such as the Starbucks union organizing drive, employer surveillance, and workplace challenges during the COVID-19 pandemic.

Professor Bodie received an A.B. magna cum laude from Princeton University, a J.D. magna cum laude from Harvard Law School, and an LL.M in Labor & Employment Law from New York University School of Law.  He served as a law clerk to Judge M. Blane Michael of the U.S. Court of Appeals for the Fourth Circuit.   After his clerkship, he worked as a field attorney for the National Labor Relations Board (Region 2), handling cases involving the National Hockey League, a large Chinese banquet hall, and over 100 small construction companies.

Professor Bodie was formerly the Callis Family Professor at Saint Louis University School of Law.  While at SLU Law, he was a member and co-director of the Wefel Center for Employment Law.  Prior to SLU Law, he was an associate professor at Hofstra University School of Law and an acting assistant professor of Lawyering at NYU Law.  Since 2018 he has served as a faculty editor for the ABA Journal of Labor & Employment Law. He has served as the chair for the Association of American Law Schools’ Sections on Business Associations, Scholarship, and Labor Relations and Employment Law. He is a member of the American Law Institute, a research fellow at NYU’s Center for Labor and Employment Law, and a visiting fellow at SLU Law’s Wefel Center.  He has served as a visiting professor at Notre Dame Law School and Harvard Law School. 

Employment Law


Employment Discrimination


Contracts


Law of Business Organizations


Labor Law


Books

Reconstructing the Corporation: From Shareholder Primacy to Shared Governance (Cambridge University Press, 2021)
(with
Grant M. Hayden
)
Labor Law (Foundation Press, 1st ed., 2016; 2d ed., 2020) (Concepts and Insights Series)
(with
Samuel Estreicher
)
Workplace Discrimination, Privacy and Security in an Age of Terrorism (Kluwer Law International, 2007) (co-editor)
(with
Samuel Estreicher
)

Journal Articles

Shareholders All the Way Down: EU Corporate Sustainability Reforms and the Structure of Corporate Governance, 52 Georgia Journal of International and Comparative Law 559 (2024)
Antidiscrimination Efforts and the Repressive Weight of Culture, 17 FIU Law Review 761 (2023)
Employers as Information Fiduciaries, 63 Santa Clara Law Review 35 (2023)
Labor Relations at the Woke Corporation, 79 New York University Annual Survey of American Law 171 (2023)
Right-Wing Populism and the Deconstruction of Labour Laws in the Americas: Old Wine into New Wineskins, 39 International Journal of Comparative Labour Law and Industrial Relations 19 (2023)
(with
Renan Kalil
and
Mauro Pucheta
)
From Mandates to Governance: Restructuring the Employment Relationship, 81 Maryland Law Review 887 (2022)
(with
Power, Primacy, and the Corporate Law Pivot, 24 University of Pennsylvania Journal of Business Law 885 (2022)
(with
Grant M. Hayden
)
The Law of Employee Data: Privacy, Property, Governance, 97 Indiana Law Journal 707 (2022)
Artificial Intelligence and the Challenges of Workplace Discrimination and Privacy, 35 ABA Journal of Labor & Employment Law 289 (2021)
(with
Pauline T. Kim
)
Codetermination in Theory and Practice, 73 Florida Law Review 321 (2021)
(with
Grant M. Hayden
)
Employee Testing, Tracing, and Disclosure as a Response to the Coronavirus Pandemic, 64 Washington University Journal of Law & Policy 31 (2021)
(with
Michael McMahon
)
The Market as Negotiation, 96 Notre Dame Law Review 1257 (2021)
(with
Rebecca Hollander-Blumoff
)
Taking Employment Contracts Seriously, 50 Seton Hall Law Review 1261 (2020) (A Symposium in Honor of the Work of Charles A. Sullivan)
The Corporation Reborn: From Shareholder Primacy to Shared Governance, 61 Boston College Law Review 2419 (2020)
(with
Grant M. Hayden
)
Labor Interests and Corporate Power, 99 Boston University Law Review 1123 (2019) (Symposium, Institutional Investor Activism in the 21st Century: Responses to a Changing Landscape)
Holacracy and the Law, 42 Delaware Journal of Corporate Law 619 (2018)
Shareholder Voting and the Symbolic Politics of Corporation as Contract, 53 Wake Forest Law Review 511 (2018)
(with
Grant M. Hayden
)
Employment as Fiduciary Relationship, 105 Georgetown Law Journal 819 (2017)
Lessons from the Dramatists Guild for the Platform Economy, 2017 University of Chicago Legal Forum 17 (Symposium on Law and the Disruptive Workplace)
The Best Way Out Is Always Through: Changing the Employment At-Will Default Rule to Protect Personal Autonomy, 2017 University of Illinois Law Review 223 (2017)
The Law and Policy of People Analytics, 88 University of Colorado Law Review 961 (2017)
(with
Miriam A. Cherry
,
Marcia L. McCormick
and
Jintong Tang
)
The Next Iteration of Progressive Corporate Law, 74 Washington and Lee Law Review 739 (2017) (Lara D. Gass Annual Symposium on Corporate Law, Governance, and Purpose: A Tribute to the Scholarship of Lyman Johnson and David Millon)
Workplace Freakonomics, 14 I/S: A Journal of Law and Policy for the Information Society 37 (2017)
Faith and the Firm, 60 Saint Louis University Law Journal 609 (2016) (Childress Symposium: Religious Freedom, Social Justice, and Public Policy)
Income Inequality and Corporate Structure, 45 Stetson Law Review 69 (2015) (Symposium: Inequality, Opportunity, and the Law of the Workplace)
Collaboration and Community: The Labor Law Group and the Future of Labor and Employment Law Casebooks, 58 Saint Louis University Law Journal 61 (2013) (Symposium: Teaching Labor and Employment Law)
Participation as a Theory of Employment, 89 Notre Dame Law Review 661 (2013)
The Roberts Courts and the Law of Human Resources, 34 Berkeley Journal of Employment and Labor Law 159 (2013)
The Bizarre Law & Economics of Business Roundtable v. SEC, 38 Journal of Corporation Law 101 (2012)
(with
Grant M. Hayden
)
The Post-Revolutionary Period in Corporate Law: Returning to the Theory of the Firm, 35 Seattle University Law Review 1033 (2012) (Berle III Symposium)
Mandatory Disclosure in the Market for Union Representation, 5 FIU Law Review 617 (2011) (Symposium: Whither the Board? The National Labor Relations Board at 75)
NASCAR Green: A Case Study of Sustainability and the Nature of the Firm, 46 Wake Forest Law Review 491 (2011) (Symposium: The Sustainable Corporation)
The Uncorporation and the Unraveling of “Nexus of Contract” Theory, 109 Michigan Law Review 1127 (2011) (reviewing Larry E. Ribstein, The Rise of the Uncorporation (Oxford University Press, 2010)) (review essay)
(with
Grant M. Hayden
)
Shareholder Democracy and the Curious Turn Toward Board Primacy, 51 William and Mary Law Review 2071 (2010)
(with
Grant M. Hayden
)
Arrow’s Theorem and the Exclusive Shareholder Franchise, 62 Vanderbilt Law Review 1217 (2009), reprinted in 51 Corporate Practice Commentator 591 (2009)
(with
Grant Hayden
)
Information and the Market for Union Representation, 94 Virginia Law Review 1 (2008)
Mother Jones Meets Gordon Gekko: The Complicated Relationship Between Labor and Private Equity, 79 University of Colorado Law Review 1317 (2008)
One Share, One Vote and the False Promise of Shareholder Homogeneity, 30 Cardozo Law Review 445 (2008)
(with
Grant M. Hayden
)
The Future of the Casebook: An Argument for an Open Source Approach, 57 Journal of Legal Education 10 (2007)
Workers, Information, and Corporate Combinations: The Case for Non-Binding Employee Referenda in Transformative Transactions, 85 Washington University Law Review 871 (2007)
AOL Time Warner and the False God of Shareholder Primacy, 31 Journal of Corporation Law 975 (2006)
Open Access in Law Teaching: A New Approach to Legal Education, 10 Lewis & Clark Law Review 885 (2006) (Symposium: Open Access Publishing and the Future of Legal Scholarship)
The Effects of Jury Ignorance about Damages Caps: The Case of the 1991 Civil Rights Act, 90 Iowa Law Review 1361 (2005), reprinted in NYU Selected Essays on Labor and Employment Law: Volume 3: Behavioral Analyses of Workplace Discrimination (Mitu Gulati & Michael J. Yelnosky, eds., Kluwer Law International, 2007)
(with
Rebecca Hollander-Blumoff
)
Questions about the Efficiency of Employment Arbitration Agreements, 39 Georgia Law Review 1 (2004)
Aligning Incentives with Equity: Employee Stock Options and Rule 10b-5, 88 Iowa Law Review 539 (2003), reprinted in 45 Corporate Practice Commentator 665 (2003)
The Potential for State Labor Law: The New York Greengrocer Code of Conduct, 21 Hofstra Labor and Employment Law Journal 183 (2003), reprinted in Compensation, Work Hours and Benefits: Proceedings of New York University 57th Annual Conference on Labor (Jeffrey M. Hirsch, ed., Kluwer Law International 2009)
Administrative Delay at the NLRB: Some Modest Proposals, 23 Journal of Labor Research 87 (2002) (reviewing Edward B. Miller, An Administrative Appraisal of the NLRB (George Mason University, John M. Olin Institute for Employment Practice and Policy, 4th ed., 1999)) (review essay)
(with
Samuel Estreicher
)
Note, The Principle of Equality in Takings Clause Jurisprudence, 109 Harvard Law Review 1030 (1996)
The Supreme Court, 1994 Term - Leading Cases, 109 Harvard Law Review 111, 170 (1995) (discussing Capitol Square Review & Advisory Board v. Pinette, 515 U.S. 753 (1995))
Recent Legislation, 108 Harvard Law Review 519 (1994) (discussing Utah takings statute)

Book Chapters

Worker Participation, Sustainability, and the Puzzle of the Volkswagen Emissions Scandal, in The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability (Beate Sjåfjell & Christopher M. Bruner, eds., Cambridge University Press, 2020)
Organizational Power for Workers within the Firm, in The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century (Richard Bales & Charlotte Garden, eds., Cambridge University Press, 2019)
Law and Norms in Sustainability Developments in the Major American Sports Leagues, in Routledge Handbook of Sport and the Environment (Brian P. McCullough & Timothy B. Kellison, eds., Routledge, 2017)
(with
Lucas D. Jackson
)
Employment Law in the Roberts Court: Public Goals, Private Enforcement, in Business and the Roberts Court (Jonathan H. Adler, ed., Oxford University Press, 2016)
Restatement of Employment Law (American Law Institute Publishers 2015) (Primary reporter for Chapter 7: Employee Privacy and Autonomy)
Employees and the Boundaries of the Corporation, in Research Handbook on the Economics of Corporate Law (Claire A. Hill & Brett H. McDonnell, eds., Edward Elgar Publishing, 2012)
Open Source and the Reinvention of Legal Education, in Legal Education in the Digital Age (Edward L. Rubin, ed., Cambridge University Press, 2012)
Restatement Third of Employment Law Preliminary Formulation of Chapter 7: Workplace Privacy and Autonomy, in Workplace Privacy (Jonathan R. Nash & Samuel Estreicher, eds., Kluwer Law International, 2010)

Book Reviews

Book Review: For Labor to Build Upon: Wars, Depression and Pandemic, by William B. Gould, 77 ILR Review: The Journal of Work and Policy 162 (2024) (reviewing William B. Gould, For Labor to Build Upon: Wars, Depression and Pandemic (Cambridge University Press, 2022))
Book Note, 31 Harvard Journal on Legislation 511 (1994) (reviewing George Will, Restoration: Congress, Term Limits and the Recovery of Deliberative Democracy (The Free Press, 1992))

Other Publications

HIPPA, 2022 Cardozo Law Review de•novo 118 (2022)
Trademark’s "Ship of Theseus" Problem, 95 Southern California Law Review Postscript 27 (2021)
The Natural-Born Citizen Clause, Popular Constitutionalism, and Ted Cruz’s Eligibility Question, 84 George Washington Law Review Arguendo 36 (2016)
(with
Christopher W. Schmidt
)
Foreword: The Restatement of Employment Law Project, 100 Cornell Law Review 1245 (2015)
(with
Samuel Estreicher
,
Michael C. Harper
and
Stewart J. Schwab
)
Funding Legal Scholarship, 4 Journal of Law 107 (2014)
Larry from the Left: An Appreciation, 58 Virginia Law & Business Review 121 (2014)
(with
Grant M. Hayden
)
Labor Speech, Corporate Speech, and Political Speech: A Response to Professor Sachs, 112 Columbia Law Review Sidebar 206 (2012)
Law Students and Legal Scholarship, 1 Journal of Law 223 (2011)
Comment, The Case for Employee Referenda in Transformative Transactions as Shareholder Proposals, 87 Washington University Law Review 897 (2010)
Reply: The Market for Union Services: Reframing the Debate, 94 Virginia Law Review In Brief 23 (March 24, 2008)
Thoughts on the New Era of Law Review Companion Sites, 39 CONNtemplations 1 (May 6, 2007)