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Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles

Testimony

Testimony Before the U.S. Senate Committee on the Judiciary

Prepared Testimony To The Committee On Homeland Security United States House Of Representatives, Deborah Pearlstein

Testimony

Sham Impeachment “Hearing” #2

Issue: Border Security & Immigration

Examining Civil Rights Litigation Reform, Part I: Qualified Immunity, Alexander A. Reinert

Testimony

The U.S. House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties issued the following testimony by Alexander A. Reinert, professor of litigation and advocacy at Benjamin N. Cardozo School of Law, involving a hearing on March 31, 2022, entitled "Examining Civil Rights Litigation Reform, Part 1: Qualified Immunity."

Examining Mandatory Arbitration In Financial Service Products, Myriam E. Gilles

Testimony

The U.S. Senate Committee on Banking, Housing, and Urban Affairs issued the following testimony by Myriam Gilles, professor at the Benjamin N. Cardozo School of Law, involving a hearing on Mar. 8, 2022, entitled "Examining Mandatory Arbitration in Financial Service Products."

Comment Of Proposed Department Of Labor Regulations On Esg Investing, Prudence And Loyalty, Edward A. Zelinsky

Testimony

DOL’s proposed regulations about ERISA’s fiduciary duties of prudence and loyalty weaken the protection of America’s workers and retirees. Accordingly, these proposed regulations should be amended to delete the imprudent, unproven and ambiguous term “ESG,” to add more balanced examples which reduce misperceptions of ERISA’s fiduciary duties, and to expunge altogether the concept of tie-breaking which violates the duty of loyalty by encouraging the pursuit of collateral benefits.

The fundamental claims of ESG advocates are economically implausible. Such advocates assert that they consistently outperform and manipulate competitive markets. This claim is unpersuasive.

ESG proponents assert that a person making an …

Silenced: How Forced Arbitration Keeps Victims Of Sexual Violence And Sexual Harassment In The Shadows, Myriam E. Gilles

Testimony

The House Judiciary Committee issued the following testimony by Myriam Gilles, professor at the Benjamin N. Cardozo School of Law, involving a hearing on Nov. 16, 2021, entitled "Silenced: How Forced Arbitration Keeps Victims of Sexual Violence and Sexual Harassment in the Shadows."

Breaking The Logjam: Principles And Practice Of Congressional Oversight And Executive Privilege, Katherine A. Shaw

Testimony

My name is Kate Shaw, and I am a Professor of Law at Cardozo Law School, where my work focuses, among other things, on executive power and questions of constitutionalism outside the courts. Before I entered law teaching, I worked as an Associate Counsel in the White House Counsel’s Office, from 2009–2011.

I understand that the purpose of today’s hearing is to evaluate recent breakdowns in the process for resolving conflicts between executive privilege and congressional oversight. My testimony will therefore offer some brief background on executive privilege, both generally and in the context of Congress’s exercise of its oversight …

Article I: Reforming The War Powers Resolution For The 21st Century, Rebecca Ingber

Testimony

Professor Rebecca Ingber testified at a U.S. House Committee on Rules hearing on March 23, 2021, titled "Article I: Reforming the War Powers Resolution for the 21st Century."

Response Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter sent to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

"I read with interest an article by Mssrs. Mark Strand and Tim Lang introduced into the record during yesterday’s hearing of the House Rules Committee on H. Res. 965 - Authorizing remote voting by proxy in the House of Representatives. Having written elsewhere in detail about my conviction that the rules change under consideration readily passes constitutional muster, I am grateful for the opportunity to explain why the Strand and Lang position fails to persuade."

Letter To Chairman Mcgovern On Remote Voting, Deborah Pearlstein

Testimony

Letter written to Congressman Jim McGovern, Chair of the House Rules Committee. This letter has been entered into the Congressional Record.

As a professor of constitutional law, and a scholar who has written extensively on separation of powers issues in U.S. Government, I believe adopting procedures to allow for remote voting under these extraordinary circumstances is not only lawful, but essential to the maintenance of our constitutional democracy. Recognizing that specific procedures for remote voting may still be in development, the analysis offered here focuses foremost on the broad scope of Congress’ constitutional authority to regulate its voting procedures.

Executive Privilege And Congressional Oversight, Katherine A. Shaw

Testimony

Professor Kate Shaw testified at a House Judiciary Committee hearing on May 15 titled "Executive Privilege and Congressional Oversight."

She told the House Judiciary Committee, "My view as a scholar and a former White House lawyer, is that blanket invocations of executive privilege of the sort the White House has made here are without substantial support in either case law or executive branch practice."

Justice Denied: Forced Arbitration And The Erosion Of Our Legal System, Myriam E. Gilles

Testimony

The U.S. House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law issued the following testimony by Myriam Gilles, professor at the Benjamin N. Cardozo School of Law, involving a hearing on May 15, 2019, entitled "Justice Denied: Forced Arbitration and the Erosion of our Legal System."

(Forced) Arbitration In America: Suppressing Claims, Undermining Corporate Accountability, And Perpetuating Injustice, Myriam E. Gilles

Testimony

The U.S. Senate Committee on the Judiciary issued the following testimony by Myriam Gilles, professor at the Benjamin N. Cardozo School of Law, involving a hearing on Apr. 3, 2019, entitled "(Forced) Arbitration in America: Suppressing Claims, Undermining Corporate Accountability, And Perpetuating Injustice."

Statement Of Betsy Ginsberg, Clinical Associate Professor Of Law & Director, Civil Rights Clinic, Benjamin N. Cardozo School Of Law U.S. Commission On Civil Rights Public Briefing: Women In Prison: Seeking Justice Behind Bars, Betsy Ginsberg

Testimony

Although men make up a significant majority of the country’s prison population, the United States has the highest rate of incarceration of women in the world.1 In recent years, women have been the fastest growing segment of our population in jails and prisons. The significant but insufficient decline we have seen with respect to the overall prison population eclipses or obscures the trend we have seen in the imprisonment of women. While the trends vary from state to state, the overall picture for women has been far worse than for men. In most states the women’s population has either grown, …

Testimony Before The United States Senate Committee On The Judiciary On The Nomination Of Brett Kavanaugh For Associate Justice Of The U.S. Supreme Court, Rebecca Ingber

Testimony

Professor Rebecca Ingber testified before the U.S. Senate Judiciary Committee as it considered the nomination of Brett Kavanaugh for Associate Justice of the U.S. Supreme Court. Her testimony focused on Judge Kavanaugh's national security and international law jurisprudence, in particular, the court's role in considering international law constraints on the President's war powers, and the potential effects of this judicial approach on executive power.

Examining H.R. 2304, The "Speak Free Act", Alexander A. Reinert

Testimony

The U.S. House Judiciary Subcommittee on the Constitution and Civil Justice issued the following testimony by Alexander A. Reinert, professor at the Benjamin N. Cardozo School of Law, involving a hearing on June 22, 2016, entitled "H.R. 2304, the SPEAK FREE Act of 2015."