Samuel Estreicher

Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment Law and Co-Director, Institute of Judicial Administration, NYU School of Law.

Columns by Samuel Estreicher

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

NYU law professor Samuel Estreicher comments on a recent decision by the US Court of Appeals for the Seventh Circuit that purports to interpret the Age Discrimination in Employment Act (ADEA) based on a textualist approach. Estreicher argues that the interpretation erroneously ignores the clear purpose of ADEA and constitutes a highly abstract interpretive venture that departs significantly from the legislators’ manifest intent.

President Trump’s Emergency Wall Declaration: A Guide to the Legal Issues

NYU law professor Samuel Estreicher and JD candidate David Moosmann comment on some of the legal issues presented by President Trump’s declaration of a national emergency to secure funds for a border wall along the southern US border. Estreicher and Moosmann argue that there is a need for legislation tightening up the standards for presidential declarations of a national emergency, and for Congress to review and consolidate the seemingly vast array of statutes that authorize emergency measures on a presidential declaration.

Not an Administrative Law Bang but a Whimper

NYU law professor Samuel Estreicher comments on Kisor v. Wilkie, a case currently before the US Supreme Court that raises the narrow question whether a court should accept an interpretation by the Department of Veterans Affairs of its own technical regulation but also gets at a broader question of judicial deference more generally. Estreicher argues that when agencies interpret their own regulations, courts should afford those interpretations only Skidmore respect, not the higher Chevron-style deference that has come to be commonplace.

Trump “Hush” Payment to Stormy Daniels Likely Does Not Violate Election Law

NYU law professor Samuel Estreicher and JD candidate David Moosmann argue that the $130,000 “hush” payment of adult film actress Stormy Daniels, paid through his personal lawyer Michael Cohen, likely does not violate campaign finance laws. As Estreicher and Moosmann explain, the payment most closely resembles an expenditure by a candidate from his own funds, not a contribution from a third party and thus is permissible under applicable laws and regulations.