11121111 SAMUEL ESTREICHER NYU School of Law 40 Washington
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11121111 SAMUEL ESTREICHER 79 Highland Ave. NYU School of Law Short Hills, NJ 07078 40 Washington Square So. (973) 467-0416 New York, NY 10012 (212) 998-6226 (973) 7874728 (cell) (212) 995-4341 (fax) 605 Main Rd. [email protected] Monterey, Mass. (413) 528-5890 Jones Day 222 E. 41 St. New York, NY 10017-6702 (212) 326-3488 (212) 755-7306 (fax) [email protected] Legal Employment Dwight D. Opperman Professor of Law, New York University School of Law (areas of teaching: labor law, employment discrimination law, employment law, procedure, appellate advocacy, Supreme Court Practice, administrative law, international law (esp. international law in the U.S. Courts; international arbitration; intcrnationallaw and the Israeli -Palestinian conflict), entertainment law, sports law, negotiation theory, public choice theory, and constitutional law) 1978 - present (tenure as of Feb. 1983; academic chair as of Oct. 2003; formerly Charles L. Denison Professor of Law; co-instructor NYU Supreme Court Litigation Clinic (2007-2009) Of Counsel, Jones Day, 222 E. 41 st Street, New York, NY 10017-6702 (November 2003- present) (labor & employment and issues & appeals practice groups) Faculty Director, Center for Labor and Employment Law at NYU School of Law (Feb. 1996 - present) (also wnvem:r of the NYU Annual Conference of Labor) Chief Reporter, Restatement of Employment Law (American Law Institute (Dec. 2000 - present; chief reporter as of 9/06) Executive Director, NYU-Dwight D. Opperman Institute of Judicial Administration, Tnc. (Oct. 1991 - present; Co-Executive Director since Sept. 2000) Of Counsel, Morgan, Lewis & Bockius LLP, 101 Park Avenue, New York, NY 10178-0060 (May 2002 - November 2003) (labor & employment and appellate practice groups) Labor and Employment Counsel, O'Melveny & Myers LLP, Citicorp Center, 153 E. 53d St., 54th floor, New York, NY 10022-4611 (Nov. 1998 -May 2002) (labor & employment and appellate practice groups) Counsel, Cahill, Gordon & Reindel, 80 Pine St., New York, NY 10005 (labor and employment law) (Feb., 1984 - Oct. 1998) Visiting Professor of Law, Columbia University School of Law (1983-84) Law Clerk to Mr. Justice Lewis F. Powell, Jr., Supreme Court of the United States, Washington, D.C. 20543 (1977-78) Associate, Cohn, Glickstein, Lurie, Ostrin, Lubell & Lubell, 1370 Avenue of the Americas, New York, NY 10019 (1976-77) Law Clerk to Judge Harold Leventhal, U.S. Court of Appeals, Washington, D.C. 20036 (1975- 1976) Summer Associate, Kaye, Scholar, Fierman, Hays & Handler, 435 Park Avenue, New York, NY 10022 (1974) Education Columbia University School of Law 9/72 - 5/75 J.D. Degree awarded May 1975 Activities: Editor-in-Chief, Columbia Law Review Honors: Harlan Fiske Stone Scholar Charles B. Beck Prize Cornell University Graduate School 9/70 - 6/72 M.S. Degree awarded June 1974 Thesis: Collective Bargaining in the New York City Transit System, 1937 - 1950 Honors: New York State's Herbert H. Lehman Graduate Fellowship in Social Science Columbia College 9/66 - 6/70 B.A. Degree awarded June 1970 Honors: Joseph Pulitzer Fund Scholarship Publications Books (published) Labor Law: Cases, Materials, and Problems (Aspen, i h ed., 2011) (with Michael C. Harper); also statutory supplement Labor and Employment Law Initiatives and Proposals under the Obama Administration: Proceedings of the New York University 62nd Annual Conference on Labor (Kluwer Law International, 2011) (volume editor: Zev J. Eigen) Global Labor and Employment Law for the Practising Lawyer: Proceedings of the New York University 61 st Annual Conference on Labor (Kluwer Law International, 2010) (volume editor: Andrew P. Morriss) Employee Benefits and Employee Compensation: Proceedings of the New York University 59th Annual Conference on Labor (Kluwer Law International, 2010) (volume editor: David J. Reilly) Global Issues in Employee Benefits Law (West/Thomson, 2009) (with Paul M. Secunda and Rosalind J. Connor) Retaliation and Whistleblowers: Proceedings ofthe New York University 60th Annual Conference on Labor (Kluwer Law International, 2009) (volume editor: Paul M. Secunda) Workplace Privacy: Proceedings of the New York University 58th Annual Conference on Labor (Kluwer Law International, 2009) (volume editor: Jonathan Remy Nash) Compensation, Work Hours and Benefits: Proceedings of the New York University 57th Annual Conference on Labor (Kluwer Law International, 2009) (volume editor: Jeffrey Hirsch) Employment Class and Collective Actions: Proceedings of New York University's 56th Annual Conference on Labor (Kluwer Law International, 2009) (volume editor: David Sherwyn) Employment Law: Concepts and Insights (Foundation Press, 2008) (with Gillian Lester) Employment Discrimination and Employment Law 3d (West Publishing Co., 2008) (with M. Harper); also companion volumes in Employment Discrimination Law (2008) and Employment Law (2008) Global Issues in Employment Law (West/Thomson, 2008) (with Miriam Cherry) Global Issues in Employment Discrimination Law (West/Thomson, 2007) (with Brian K. Landsberg) Global Issues in Labor Law (West/Thomson, 2007) Workplace Discrimination, Privacy and Security in an Age of Terrorism: Proceedings of the New York University 55 th Annual Conference on Labor (Kluwer Law International, 2007) (with Matthew J. Bodie) Employment Law Stories (Foundation Press, 2006) (with Gillian Lester) Cross Border Human Resources, Labor and Employment Issues: Proceedings of the New York University 54th Annual Conference on Labor (Kluwer Law International, 2005) (with Andrew J. Morriss) Alternative Dispute Resolution in the Employment Arena: Proceedings of New York University 53d Annual Conference on Labor (Kluwer Law International, 2004) (with David Sherwyn) The Railway Labor Act and the National Labor Relations Act: A Comparative Appraisal for the Airline Industry (with Sheldon M. Kline, HR Policy Assn., 2004) (noting assistance of Robert G. Walkowiak) The Internal Governance and Organizational Effectiveness of Trade Unions: Essays in Honor of George W. Brooks (Kluwer Law International, 2001) (with Harry C. Katz & Bruce E. Kaufinan) The Foundations of Labor and Employment Law (Foundation Press, 2000) (with S. Schwab) Global Competition and the American Employment Landscape in the New Century: Proceedings of New York University 52d Annual Conference on Labor (Kluwer Law International, 2001) Sexual Harassment in the Workplace: Proceedings of New York University 51st Annual Conference on Labor (Kluwer Law International, 1999) Employee Representation in the Emerging Workplace: Alternatives/Supplements to Collective Bargaining: Proceedings of New York University 50th Annual Conference on Labor (Kluwer Law International, 1998) Proceedings of New York University 49th Annual Conference on Labor (Kluwer Law International, 1997) The Law Governing the Employment Relationship: Cases and Materials (West Pub!., 2d ed. 1992) (with M. Harper); also 1995 case, statutory supplement and teacher's manual Labor Law and Business Change: Theoretical and Transactional Perspectives (Quorum Books, 1988) (coed. with Daniel G. Collins); also author of chapter on "Successorship Obligations" Redefining the Supreme Court's Role: A Theory of Managing the Federal Judicial Process (Yale University Press, 1986) (with John E. Sexton) Books and Monographs (under preparation) Restatement Third of Employment Law, Ch. 2 (employment contracts): Ch. 3 (compensation and benefits); Ch. 9 (remedies); overall responsibility for entire project Global Labor and Employment Law: Reports for Law Offices Worldwide (Oxford University Press, forthcoming) (with Michael J. Gray) Principles of Labor Law: Concepts and Insights (Foundation Press, forthcoming) (with Matthew J. Bodie) Administrative and Regulatory State: Cases and Materials (LexislNexis, forthcoming) New York University A private university in the public service School of Law Faculty of Law 40 Washington Square South New York, NY 10012-1099 Telephone: (212) 998-6226 Facsimile: (212) 995-434114657 Email: [email protected] SAMUEL ESTREICHER Dwight D. Opperman Professor ofLmv DlrecfOl~ Center for Labor & Employment LaW Co-Direcfor, Dwight D. Opperman Institute ofJudicial Administration December 5, 2011 Re: Minkina v. Rogers, Powers & Schwartz et al. (Suffolk Super. Ct., Mass.) I, SAMUEL ESTREICHER, declare under penalty of law, as follows: 1. I am the Dwight D. Opperman Professor of Law at New York University School of Law (NYU Law), where I have been teaching a variety of subjects, including labor law, employment law, employment discrimination law, administrative law, civil procedure and appellate advocacy, since I joined the law faculty in 1978-1979 academic year. In addition to my teaching duties, I am the Director of NYU Law's Center for Labor and Employment Law and Co-Director of its Dwight D. Opperman Institute of Judicial Administration. The latter organizations, under my supervision and in cooperation with the Federal Judicial Center' (FJC), host an Annual Program on Employment Law for Federal Judges, which in March 2011 completed its 14th year; the FJC reports that this is their most successful program. I have written extensively in my areas of concentration, including leading casebooks in labor law and employment discrimination and employment law. I have served as Chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York and Secretary of the American Bar Association's Section on Labor and Employment Law. I have conducted scores of training programs for