Dwight D. Opperman Professor of Law; Director, Center for Labor, New York University School of Law
Samuel Estreicher is a nationally preeminent scholar in US and international-comparative labor and employment law and arbitration law. He has authored more than a dozen books, including Beyond Elite Law: Access to Civil Justice in America (with Joy Radice, Cambridge Univ. 2016); leading casebooks on legislation and regulatory state, labor law and employment discrimination and employment law; and published more than 200 articles in professional and academic journals. He served as Chief Reporter for the American Law Institute’s Restatement of Employment Law (2015). After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practicing in a labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Prof. Estreicher joined the NYU School of Law faculty in 1978. In addition to serving as counsel to major law firms, he 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 of the City of New York.15). He maintains an active appellate and ADR practice. The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher also has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on employment and US foreign relations law issues. Prof. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review. He is a member of the College of Labor and Employment Lawyers and was appointed in 2016 by the UN Secretary General as a member of the UN’s Internal Justice Commission.
Of Counsel, Bredhoff & Kaiser PLLC
Richard F. Griffin, Jr. is Of Counsel at the Washington, DC law firm of Bredhoff & Kaiser, and has practiced labor law for more than 36 years. Prior to joining the firm, from November 4, 2013 through October 31, 2017, Mr. Griffin was the General Counsel of the National Labor Relations Board (NLRB), nominated by President Obama and confirmed by the U.S. Senate. Before becoming NLRB General Counsel, from January 2012 through August 2013, Mr. Griffin was a NLRB Board Member, recess appointed to that position by President Obama. From 1983 through his appointment as a Board Member, Mr. Griffin worked in the legal department of the International Union of Operating Engineers (IUOE); from September 1994 until January 2012, he was the IUOE’s General Counsel. While IUOE General Counsel, Mr. Griffin was on the AFL-CIO Lawyers Advisory Panel and was a member of the Board of Directors of the AFL-CIO Lawyers Coordinating Committee. From 1981 to 1983, Mr. Griffin served as staff counsel to two NLRB Board Members.
“For exemplary public service and leadership on behalf of America’s workers” Mr. Griffin was named to the National Employment Law Project’s 2016 Honor Roll. He is a Fellow of the College of Labor and Employment Lawyers and of the American Bar Foundation. He graduated from Yale College (BA 1977) and Northeastern University Law School (JD 1981).
Senior Labor and Employment Counsel, CHRO Association
Roger King is a highly regarded labor relations attorney, whose career spans more than 40 years. Roger recently retired as a partner with Jones Day law firm. He now serves as Senior Labor and Employment counsel for the Association.
Roger specializes in labor and employment, healthcare, collective bargaining, contract administration and representation campaigns. Roger represented the winning side as co-counsel in the landmark U.S. Supreme Court case known as Noel Canning, which successfully challenged President Obama’s authority to make recess appointments to the National Labor Relations Board.
After graduating from Cornell University Law School, he was a Captain and Legal Services Officer in the United States Air Force, on the Staff of United States Senator Robert Taft, Jr. and, subsequently, was appointed as Professional Staff Counsel to the United States Senate Labor Committee.
Roger has testified before both the U.S. Senate and House Labor Committees, is a fellow of the College of Labor and Employment Lawyers, and serves on the Advocacy Committee of the American Society for Healthcare Human Resources Association (ASHHRA) and on the Executive Committee of the Ohio State Bar Association Labor and Employment Law Section Council.
He is a nationally recognized author/speaker on employment matters and has represented employers regarding labor and employment issues both before administrative agencies and in federal and state courts. He has represented the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), the HR Policy Association (HRPA), the National Manufactures Association (NAM), the American Hospital Association (AHA), and the Coalition for a Democratic Workplace (CDW) in federal courts regarding numerous labor law issues.
Other clients Roger has represented include the Cleveland Clinic Foundation, Catholic Health Partners, MedStar Health, HCA, Texas Health Resources, Unity Point Health, UHS, Trinity Health, National Beef, General Cable, Orlando Health, ProMedica, Premier Health, Cedars-Sinai, Yale New Haven Health System, McLaren Health Care Corporation, Ohio, California and American Hospital Associations, Bon Secoure Health System, Kaleida Health, Sisters of Levenworth Health System, Lakeland Regional Medical Center, Clarion Clinic, Fisher-Titus Medical Center, Saint Joseph Health System, Benefis Healthcare, Community Health Systems, American Water Works, Macy’s Inc., Verizon and General Motors.
Professor of Law, Cornell University School of Hotel Administration
David Sherwyn is the John and Melissa Ceriale Professor of Hospitality Human Resources and a professor of law at Cornell Peter and Stephanie Nolan School of Hotel Administration. He is also the academic director of the Cornell Center for Innovative Hospitality Labor and Employment Relations and a research fellow at the Center for Labor and Employment Law at New York University's School of Law. In addition, Sherwyn is of counsel to the law firm of Stokes & Wagner. Prior to joining the Nolan School, Sherwyn practiced management-side labor and employment law for six years.
Sherwyn has published articles in the Arizona State Law Review, Berkeley Journal of Labor and Employment Law, the Cornell Hospitality Quarterly, Fordham Law Review, University of California Hastings Law Journal, Indiana Law Journal, Northwestern Law Review, Stanford Law Review, and the University of Pennsylvania Labor and Employment Law Journal. His research interests include arbitration of discrimination lawsuits and union-management relations.
Sherwyn teaches Business and Hospitality Law, a required class with more than 200 students. In addition, he teaches Employment Discrimination Law and Union Management Relations and Labor Relations in the Hospitality Industry. Since joining the faculty in 1997, Sherwyn has won 20 teaching awards. In 2014, he was recognized with a Stephen H. Weiss Presidential Fellowship, the most prestigious teaching award at Cornell University.
In 2002, Sherwyn conceived of, organized, and hosted the Center for Hospitality Research's (CHR) first Hospitality Industry Roundtable. Since that time, he has hosted more than 20 roundtables. Because of the success of the now-annual Labor and Employment Law Roundtable, the CHR hosts roundtables in each of the disciplines that are represented in the school. From 2006-2009, Sherwyn was the director of the CHR. In that time the center grew from 13 to 34 partners and began sponsoring the Annual HR in Hospitality Conference.
Staff Attorney, National Right To Work Legal Defense Foundation
Glenn Taubman is a Staff Attorney for the National Right to Work Legal Defense and Education Foundation (1982 to the present). He was a Law Clerk for Senior Circuit Judge Warren L. Jones, U.S. Court of Appeals for the Fifth and Eleventh Circuits, Jacksonville, Florida, from 1981-82, and a Staff Attorney for the U.S. District Court, Middle District of Florida, Jacksonville, Florida, from 1980-81. His Bar Admissions include: Georgia, 1980; New York, 1981; U.S. Supreme Court, 1983; District of Columbia, 1985. He regularly appears before the National Labor Relations Board and various federal courts, representing individual employees only.
He is the author of "'Neutrality Agreements' and the Destruction of Employees' Section 7 Rights" (2005) and co-author of "Union Discipline and Employee Rights," a monograph published by the National Right to Work Foundation.
A partial listing of his reported cases includes: Lucas v. NLRB, 333 F.3d 927 (9th Cir. 2003);Penrod v. NLRB, 203 F.3d 41 (D.C. Cir. 2000);Production Workers v. NLRB, 161 F.3d 1047 (7th Cir. 1998);Food & Commercial Workers Local 951 v. Mulder, 31 F.3d 365 (6th Cir. 1994);NLRB v. Office Employees Local 2, 902 F.2d 1164 (4th Cir. 1990);Tierney v. City of Toledo, 917 F.2d 927 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 902 F.2d 422 (6th Cir. 1990);Lowary v. Lexington Local Board of Education, 854 F.2d 131 (6th Cir. 1988);Tierney v. City of Toledo, 824 F.2d 1497 (6th Cir. 1987);Masiello v. US Airways, Inc., 113 F. Supp. 2d 870 (W.D.N.C. 2000);Jordan v. City of Bucyrus, 739 F. Supp. 1124 (1990),further proceedings, 754 F. Supp. 554 (N.D. Ohio 1991);Dana Corp., 341 N.L.R.B. No. 150, 2004 WL 1329345 (June 7, 2004);California Saw & Knife Works, 320 N.L.R.B. 224 (1995),enforced, 133 F.3d 1012 (7th Cir. 1998).
Senior Legal Counsel, Pacific Legal Foundation
Before becoming an attorney, James had been a productive member of society working as an exploration geologist in the late 1970s throughout the southwestern United States. However, after several years of dealing with irrational government bureaucrats and environmental policies untethered from reality, James decided that what the world needs is more lawyers — if they are willing to fight for rationality in regulatory regimes, property rights, and liberty.
James attended the University of Arizona College of Law in Tucson, where he served as an editor for the Law Review and received a J.D. degree in 1983. He had previously received a Masters degree in geological sciences from Brown University and an undergraduate degree from Hamilton College in New York. James received the Professional Achievement Award from the University of Arizona Alumni Association in 2018.
James has worked with Pacific Legal Foundation since 1983, litigating cases from Alaska to Florida. He is a member of the Federalist Society’s Environmental Law and Property Rights Practice Group’s Executive Committee, a member of the American College of Real Estate Lawyers, and an honorary member of Owners Counsel of America, an organization comprised of eminent domain attorneys who represent property owners. The Owners Counsel awarded James its Crystal Eagle award in 2013. In 2022, James was awarded the Brigham-Kanner Property Rights Prize at the William & Mary College of Law. The prize is awarded annually to an individual whose work has advanced the cause of property rights and has contributed to the overall awareness of the important role property rights occupy in the broader scheme of individual liberty.
In 2001, James successfully argued a major property rights case, Palazzolo v. Rhode Island, before the United States Supreme Court, a case which affirmed that rights in regulated property do not disappear when land is bought and sold. He has written extensively on all aspects of property rights and environmental law and frequently speaks on these subjects throughout the nation.
When James is not suing the government he enjoys skiing faster than he should, bicycling, hiking, swimming, and spending quality time with his wife, family, and grandchild.
Mr. Burling’s book Nowhere to Live: The Hidden Story of America’s Housing Crisis is available now on Amazon.
James is a member of the bar only in the states of Alaska and California.
Counsel, Keller Postman LLC
John Masslon is a Counsel at Keller Postman LLC, where he works on a broad range of disputes, including products liability and consumer protections suits. He helps develop legal strategies, writes briefs, and presents argument on legal questions. Before joining Keller Postman, John was senior litigation counsel at Washington Legal Foundation. There, he wrote about 100 amicus briefs supporting free enterprise in courts across the country. He filed the first amicus brief in the Supreme Court supporting the challenge to OSHA’s vaccine mandate. He also filed a brief supporting ending the in-house proceedings at the Securities and Exchange Commission. Previously, John served as assistant solicitor general in a state attorney general’s office. There, he was first chair in a federal trial challenging a state election law that was ultimately upheld. He also wrote the briefs that convinced the state supreme court to uphold the State’s right-to-work statute.
John obtained his B.S. in economics with a minor in mathematical sciences from Clemson University. He then received his J.D. and LL.M. in Taxation from Georgetown University Law Center. After law school, John worked for Judge Arthur J. Schwab of the United States District Court for the Western District of Pennsylvania and clerked for Judge Judith Ference Olson of the Superior Court of Pennsylvania.
Solicitor General, Tennessee Attorney General's Office
Matt Rice serves as the Solicitor General of Tennessee. Before joining the State, Matt worked in private practice at Williams & Connolly LLP. He clerked for Justice Clarence Thomas on the United States Supreme Court as well as Judge Sandra Ikuta on the United States Court of Appeals for the Ninth Circuit. Before his legal career, Matt played professional baseball in the Tampa Bay Rays organization.
Senior Legal Fellow, Courts and the Constitution, Legal Policy Center, The Heritage Foundation
Zack is a Senior Legal Fellow of Courts and the Constitution at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Senior Attorney, Institute of Justice
Kirby Thomas West is a senior attorney at the Institute for Justice, where she is also the co-director of IJ’s National Initiative to End Forfeiture Abuse. She joined IJ in 2018 and litigates cases defending property rights, free speech, and educational choice.
In her time at IJ, Kirby has launched challenges to unconstitutional civil forfeiture and impoundment schemes. She has also litigated educational choice cases, including as part of the IJ team that litigated Carson v. Makin, a landmark educational choice case decided in 2022.
In 2024, Kirby was a Wasserstein Public Interest Fellow at Harvard Law School.
Before joining IJ, Kirby Was an attorney at Baker Botts LLP, in Washington D.C. She clerked for Judge Dennis Shedd of the U.S. Court of Appeals for the Fourth Circuit.
Kirby received her law degree cum laude from Harvard Law School in 2015.
Senior Litigation Counsel, New Civil Liberties Alliance
Throughout his 40-year career in private law practice in Washington, D.C., Richard Samp has specialized in appellate litigation with a focus on constitutional law. He served as Chief Counsel of the Washington Legal Foundation for more than 30 years. He has participated directly in more than 200 cases before the U.S. Supreme Court. Mr. Samp is a graduate of Harvard College and the University of Michigan Law School and clerked for a federal judge in Detroit.
Should a Labor Court Replace the Adjudication Function of the NLRB?
Samuel Estreicher, Richard F. Griffin, G. Roger King, David Sherwyn, Glenn Taubman
The National Labor Relations Board (NLRB) has come under increasing criticism, with some accusing it...
A Seat at the Sitting - October 2024
James S. Burling, John Masslon, Matt Rice, Zack Smith, Kirby Thomas West
Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting...
SCOTUScast 3-13-09 featuring Richard Samp
Richard A. Samp
On Monday, December 8, the Supreme Court heard oral argument in Peake v. Sanders. The...