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March 19-20, 2001
Workshop on Employment Law for Federal Judges
Agenda
Sponsor
Sponsored by The Institute of Judicial Administration and The Center
for Labor and Employment Law at NYU And The Federal Judicial Center.
Co-Chairs
Honorable Fern M. Smith, The Federal Judicial Center
Professor Samuel Estreicher, New York University School of Law
Location
New York University School of Law
108 W. 3rd Street
D'Agostino Hall, Lipton Hall
110-108 West Third Street
New York, NY
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Schedule of
Meetings
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| Monday, March
19 |
| 8:30-9:00 a.m. |
Welcome
John S. Cooke, Director, FJC
Judicial Education Division, and
Professor Samuel Estreicher,
NYU School of Law
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| 9:00-11:00 a.m. |
Sexual Harassment
Law and Theory
Topics: Sex stereotyping, adequacy of anti-harassment
policies, "disparate impact" challenges to subjective
promotion decisions, family and medical leave, personal
liability of corporate officers
Faculty: Honorable Rosemary Barkett
(11th Cir.), Michael Curley*
(O'Melveny & Myers), and Wayne
N. Outten (Outten & Golden)
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| 11:00 a.m.-12:30
p.m. |
Disability Discrimination
Law and Theory
Topics: "Qualified' individuals with disabilities,
"reasonable accommodation," insurance discrimination,
relationship to workers' discrimination/SSI
Faculty: Honorable Denise Cote
(S.D.N.Y.), Professor Matthew Diller
(Fordham University), and Scott J.
Wenner* (Littler Mendelson)
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| 12:30-2:00 p.m. |
Luncheon: The American
Law Institute's Proposed "Restatement of Employment
Law"
Speaker: Professor Lance Liebman
(Columbia University; Executive Director, American Law
Institute)
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| 2:00-3:30 p.m. |
Evidence Issues/
Use of Experts
Topics: Stray remarks, comparators, statistics, direct
evidence, prior bad acts, Rule 412, mental health experts,
economists and CPAs on damages, "social framework"
testimony, statistical proof of discrimination
Faculty: Honorable Denny Chin
(S.D.N.Y.), Daniel L. Berger
(Bernstein Litowitz Berger & Grossmann), and Michael
Delikat* (Orrick, Herrington, Sutcliffe)
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| 3:45-5:15 p.m. |
Arbitration of
Employment Claims
Topic: Gilmer and its aftermath
Faculty: Honorable Frederic Block
(E.D.N.Y.), Frederick D. Braid*
(Holland & Knight LLP), and Pearl
Zuchlewski (Goodman & Zuchlewski)
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| 6:00-9:00 p.m. |
Dinner and Reception
Speaker: Peter Stone (Tony Award-winning
author of "1776," "Titanic," and "Will
Rogers Follies"; former president, Dramatists Guild)
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| Tuesday,
March 20 |
| 8:30-9:30 a.m. |
Employee Benefits
Law and Theory
Topics: Basic claims, ERISA remedies, preemption, ERISA
liability in HMOs, 510 retaliation, claims by independent
contractors/"contingent" workers, downsizing
and benefit cutbacks, retiree health benefits, COBRA/HIPAA
Faculty: Honorable Carlos F. Lucero
(10th Cir.), Susan P. Serota
(Pillsbury Winthrop), and Associate
Dean Susan J. Stabile* (St. John's University)
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| 9:30-10:45 a.m. |
Case Management
Issues
Topics: Pro se cases, mediation, summary judgment,
class actions
Faculty: Honorable Patti B. Saris
(D. Mass.), Lloyd C. Loomis
(Sonnenschein Nath & Rosenthal), David
J. Reilly* (Merck Medco), and David
M. Rosoff (Carton & Rosoff)
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| 11:00 a.m.-12:30
p.m. |
Age Discrimination
Law and Theory
Topics: What is "age discrimination"?, relationship
to state law of "wrongful discharge," disparate
impact challenges, role of statistics, ADEA class actions,
downsizing and age bias claims
Faculty: Honorable Patrick E. Higginbotham
(5th Cir.); Professor Michael C. Harper
(Boston Univ.), and Dennis A. Lalli*
(Kauff, McClain & McGuire)
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