NYU Law professor Samuel Estreicher and Peter Rawlings, J.D., discuss the Second Circuit’s recent decision in Leslie v. Starbucks Corp., in which the court vacated a district court’s approval of broad subpoenas served by Starbucks on its employees in a proceeding for temporary injunctive relief under Section 10(j) of the National Labor Relations Act. Professor Estreicher and Mr. Rawlings argue that the Second Circuit’s emphasis on the need for discovery requests to be proportional to the limited inquiry in 10(j) proceedings, as well as its recognition of employees’ confidentiality interests in union organizing activities, may influence how courts evaluate such employer requests in future 10(j) litigation, particularly if the Supreme Court adopts a more stringent standard for granting 10(j) relief in the pending Starbucks v. McKinney case.

NYU Law professor Samuel Estreicher and 2L Andrew Vaccaro comment on a recent decision by the U.S. Court of Appeals for the Second Circuit suggesting that statutory procedural rights are generally waivable by contract outside of arbitration.

SMU Dedman School of Law professor Joanna Grossman comments on a decision by the US Court of Appeals for the Second Circuit, sitting en banc, holding that sexual orientation discrimination is an actionable form of sex discrimination under Title VII of the Civil Rights Act of 1964. Grossman explains the significance of the holding and describes the circuitous route federal courts have taken to finally arrive at that common-sense conclusion.

Cornell University law professor Sherry Colb discusses a decision by the U.S. Court of Appeals for the Second Circuit holding that when police are outside the threshold of a home arresting a suspect who is inside the threshold, it is a “home arrest” requiring a warrant. Colb explains why the decision is significant in protecting the home as a space where a person can feel the highest degree of privacy and comfort, free from unreasonable government intrusions.