Samuel Estreicher
Samuel Estreicher is Dwight D. Opperman Professor of Law at New York University School of Law, director of its Center for Labor and Employment[1] and co-director of its Opperman Institute of Judicial Administration.[2]
He has co-published several books including casebooks in labor law and employment discrimination and employment law; written treatises in employment law and in labor law; edited global issues in labor law, global issues in employment law, global issues in employment discrimination law, and global issues in employee benefits law; edited conference volumes on sexual harassment, employment ADR processes, and cross-global human resources; and authored over 100 articles in professional and academic journals.
Biography
Born in the displaced-persons camp at Bergen-Belsen, Germany, in 1948, Estreicher and his parents came to the U.S. two years later, settling first in Allentown, Pennsylvania, and then in the Bronx, New York. Estreicher graduated from Brooklyn Technical High School in 1966. He received his A.B. from Columbia College in 1970, his M.S. (Industrial Relations) from Cornell University in 1974 and his J.D. from Columbia Law School the following year. At Columbia, he was editor-in-chief of the Columbia Law Review. After law school Estreicher clerked for the late Harold Leventhal of the United States Court of Appeals for the District of Columbia Circuit, practiced with a union-side law firm, and then clerked for the late Lewis F. Powell, Jr. of the United States Supreme Court.[3] In 1978 Estreicher joined the faculty of New York University School of Law, where he teaches labor and employment law, appellate advocacy and courses in international law.
Mr. Estreicher is the former Secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar for the City of New York, and chief reporter of the new Restatement of Employment Law, sponsored by the American Law Institute.[4] He has delivered named lectureships at UCLA, Chicago-Kent,[5] Case Western and Cleveland State law schools, testified before Congress and the Commission on the Future of U.S. Worker-Management Relations, and has run dozens of workshops for federal and state judges, U.S. Department of Labor lawyers, NLRB lawyers, EEOC lawyers, court law clerks, employment mediators and practitioners generally.
Estreicher is of counsel to Shulte Roth & Zabel in the employment and employee benefits practice group. His practice focuses on the wide range of issues affecting the employment relationship. These efforts include including designing ADR systems, training supervisors for performance-based management and employee involvement initiatives, advising clients in OFCCP, EEO and labor relations compliance and representing clients in individual, global HR management, and class EEO and Wage and Hour litigation.
His expertise, both as an academic and practitioner, includes public international law and international law litigation in the U.S. courts, and issues of access to the civil justice system by Americans of average means.
Mr. Estreicher's appellate practice includes victory as co-counsel in the Supreme Court in Circuit City, Inc. v. Adams, 532 U.S. 105 (2001), broadening the availability of employment arbitration, and Giles v. California, 128 S.Ct. 2678 (2008), expanding Confrontation Clause rights of criminal defendants. He argued, on behalf of experts in international law and foreign relations law of the United States, in the landmark Alien Tort Suit case, Presbyterian Church of Sudan v. Talisman Energy, Inc., 582 F.3d 244 (2d Cir. 2009). Estreicher's appellate practice also provided amicus representation (before the NLRB and in the Supreme Court) of the American Civil Liberties Union, Cato Institute, the Center for Public Resources, DaimlerChrysler, Ford, GM, the US Chamber of Commerce, the Society for Human Resource Management, the National Association of Manufacturers, the Black Alliance for Educational Options, the American Jewish Committee, and the Council for Employment Law Equity. Mr. Estreicher is a member of the arbitration/mediation panels of the American Arbitration Association and Center for Public Resources, and is a Fellow of the College of Labor and Employment Lawyers.
In 2010, the Labor and Employment Relations Association (successor to the Industrial Relations Research Association) awarded Estreicher its Susan C. Eaton Award for Outstanding Scholar-Practitioner of the year.
Representative publications
Labor and Employment Law:
- Trade Unionism Under Globalization: The Demise of Voluntarism?, 54 St. Louis U. L. J. 415 (No. 2, Winter 2010)
- Measuring the Value of Employment Class Action Settlements: A Preliminary Assessment, 6 J. of Empirical Legal Studies 768 (Issue 4, Dec. 2009) (with Kristina Yost)
- ‘Think Global, Act Local’: Employee Representation in a World of Global Labor and Product Market Competition, 4 Va. J. of Law & Business 81 (Spring 2009)
- Deregulating Union Democracy, in Symposium: Union Governance and Democracy, 20 J. Labor Research 247-63 (no. 2, spring 2000)
- Predispute Agreements to Arbitrate Statutory Employment Claims, 72 N.Y.U. L. Rev. 1344 (1997)
- Freedom of Contract and Labor Law Reform: Opening Up the Possibilities for Value-Added Unionism (1995 Benjamin Aaron Lecture on the Role of Public Policy in the Employment Relationship at UCLA), 71 N.Y.U. L. Rev. 827 (1996)
- Collective Bargaining or "Collective Begging"?: Reflections on Antistrikebreaker Legislation, 93 Mich. L.Rev. 577 (1994)
- Employee Involvement and the "Company Union" Prohibition: The Case for Partial Repeal of § 8(a)(2) of the NLRA, 69 N.Y.U.L.Rev. 101 (1994)
- Labor Law Reform in a World of Competitive Product Markets, 69 Chi.-Kent L. Rev. 3 (1993) (Kenneth M. Piper Lecture in Labor Law at IIT's Chicago-Kent School of Law)
- Arbitration of Employment Disputes without Unions, 66 Chi.-Kent L. Rev. 753 (1990)
International Law:
- Privileging Asymmetric Warfare (Part III)?: The Intentional Killing of Civilians under International Humanitarian Law, 12 U.Chi. J. Intl L. 589 (Winter 2012)
- Privileging Asymmetric Warfare (Part II)?: The “Proportionality” Principle under International Humanitarian Law, 12 U.Chi. J. Intl L. 143 (Summer 2011)
- Privileging Asymmetric Warfare? (Part I): Duties of Defenders under International Humanitarian Law, 11 U. Chi. J. Intl L. 425 (Winter 2011)
- A Post-Formation Right of Withdrawal from Customary International Law?: Some Cautionary Notes, 21 Duke J. Intl. & Comp. L. 57 (2010)
- Hamdan’s Limits and the Military Commissions Act, 23 Constit. Commentary 403 (2006) (with Hon. Diarmuid O’Scannlian)
- Arab Citizens of Israel: The Challenge for Israel and its Critics, Foreword: Conference on the Legal and Economic Status of Arab Citizens in Israel, 36 N.Y.U. J. Int’l L. & Pol. 673 (2005)
- Rethinking the Binding Effect of Customary International Law, 44 Va. J. Intl. L. 5 (2003)
Access to Civil Justice:
- The Roosevelt-Cardozo Way: The Case for Bar Eligibility After Two Years of Law School, 15 NYU J. of Legis. & Public Policy 599 (Issue 3, 2013)
- Beyond Cadillacs and Rickshaws: Towards a Culture of Citizen Service (Dwight D. Opperman Professorship Inaugural Lecture), 1 NYU J. of Law & Business 323 (2005)