Samuel Estreicher
Encyclopedia
Samuel Estreicher is Dwight D. Opperman Professor of Law at New York University School of Law
, director of its Center for Labor and Employment and co-director of its Opperman Institute of Judicial Administration. He has 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.
, 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. 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
. He has delivered named lectureships at UCLA, Chicago-Kent, Case Western and Cleveland State law schools, testified before 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 Jones Day
in their labor and employment and appellate practice groups. 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.
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 recently 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.
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
, director of its Center for Labor and Employment and co-director of its Opperman Institute of Judicial Administration. He has published several books including casebooks in labor law and employment discrimination
Employment discrimination
Employment discrimination is discrimination in hiring, promotion, job assignment, termination, and compensation. It includes various types of harassment....
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
Sexual harassment
Sexual harassment, is intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors. In some contexts or circumstances, sexual harassment is illegal. It includes a range of behavior from seemingly mild transgressions and...
, 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, PennsylvaniaAllentown, Pennsylvania
Allentown is a city located in Lehigh County, Pennsylvania, in the United States. It is Pennsylvania's third most populous city, after Philadelphia and Pittsburgh, and the 215th largest city in the United States. As of the 2010 census, the city had a total population of 118,032 and is currently...
, and then in the Bronx, New York. Estreicher graduated from Brooklyn Technical High School
Brooklyn Technical High School
Brooklyn Technical High School, commonly called Brooklyn Tech or just Tech, and also administratively as High School 430, is a New York City public high school that specializes in engineering, math and science and is the largest specialized high school for science, technology, engineering, and...
in 1966. He received his A.B. from Columbia College in 1970, his M.S. (Industrial Relations) from Cornell University
Cornell University
Cornell University is an Ivy League university located in Ithaca, New York, United States. It is a private land-grant university, receiving annual funding from the State of New York for certain educational missions...
in 1974 and his J.D. from Columbia Law School
Columbia Law School
Columbia Law School, founded in 1858, is one of the oldest and most prestigious law schools in the United States. A member of the Ivy League, Columbia Law School is one of the professional graduate schools of Columbia University in New York City. It offers the J.D., LL.M., and J.S.D. degrees in...
the following year. At Columbia, he was editor-in-chief of the Columbia Law Review
Columbia Law Review
The Columbia Law Review is a law review edited and published by students at Columbia Law School. In addition to articles, the journal regularly publishes scholarly essays and student notes. It was founded in 1901 by Joseph E. Corrigan and John M. Woolsey, who served as the review's first...
. After law school Estreicher clerked for the late Harold Leventhal
Harold Leventhal (judge)
Harold Leventhal was a United States federal judge.Leventhal was born in New York City, New York. He received an A.B. from Columbia University in 1934. He received an LL.B. from Columbia Law School in 1936. He was a law clerk to U.S. Supreme Court justices Harlan Fiske Stone and Stanley Forman Reed...
of the United States Court of Appeals for the District of Columbia Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
, practiced with a union-side law firm, and then clerked for the late Lewis F. Powell, Jr. of the United States Supreme Court. 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
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
, 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
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
. He has delivered named lectureships at UCLA, Chicago-Kent, Case Western and Cleveland State law schools, testified before 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 Jones Day
Jones Day
Jones Day is an international law firm founded in Cleveland, Ohio on March 1, 1893, by Judge Edwin J. Blandin and William Lowe Rice. Jones Day is the eighth largest law firm in the world by revenue, and the fourth highest grossing firm in the US with annual revenues of US$1.4 billion...
in their labor and employment and appellate practice groups. 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.
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
Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are...
rights of criminal defendants. He recently 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
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
, the Center for Public Resources, DaimlerChrysler, Ford, GM, the US Chamber of Commerce, the Society for Human Resource Management
Society for Human Resource Management
The Society for Human Resource Management is a professional human resources association headquartered in Alexandria, Virginia. The largest such association in its field, SHRM promotes the role of HR as a profession and provides education, certification, and networking to its members while lobbying...
, 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.
Representative publications
- 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)