Category Archives: BLS Faculty

CRS Reports on the Supreme Court Appointment Process

Judge Neil Gorsuch was sworn in today as the Supreme Court’s 113th justice.  If you are interested in learning more about the Supreme Court appointment process, the Congressional Research Service (CRS) has several good reports.  A recent report, Supreme Court Appointment Process: President’s Selection of a Nominee, includes information on the criteria for selecting a nominee, the advice and consent role of the Senate, the political aspects of the process, and the use of recess appointments to temporarily bypass Senate confirmation.  For a more detailed account of the Senate’s role, the following CRS reports may also be of interest:

For more information on finding CRS reports online, see this blog post from the University of Houston’s O’Quinn Law Library.

Equal Pay

On April 4, 2017, as part of the Legal Lunches series, BLS professors Liz Schneider and Susan Hazeldean led a lively townhall discussion on the impact of the Trump administration on women’s rights, reproductive rights, and LGBTQ rights.  

President Kennedy signs Equal Pay Act into law in 1963

One of the topics discussed was equal pay. When the Equal Pay Act was signed into law in 1963, women received 59 cents for every dollar earned by a man. Despite progress over the years, women who work full-time currently earn only about 80% of what their male counterparts earn. Among other efforts, President Obama had issued Executive Order 13673 (Fair Pay and Safe Workplaces) on July 31, 2014, which was aimed, in part, at narrowing that gap.

Trump’s revocation of the Obama executive order on March 27, 2017 nullifies rules that required paycheck transparency, and that barred federal contractors from imposing mandatory arbitration when their workers raised claims of sexual assault or sexual harassment.  The revocation is particularly harmful to women workers. Prof. Schneider also pointed out that the Trump administration has deleted the White House webpage on equal pay. Where the Obama White House once had information about the Lilly Ledbetter Fair Pay Act and the Equal Pay Pledge, all that remains is a landing page with the terse “Thank you for your interest in this subject. Stay tuned as we continue to update whitehouse.gov

April 4, 2017 also happened to be Equal Pay Day.  This is the day that symbolizes how far into the next year a woman has to work, in order to earn what a man did during the preceding year. Equal Pay Day is always commemorated on a Tuesday, to further represent how far into the following work week women have to work, to reach the level earned by men the previous week.

BLS Library has various print and digital resources on the subject of equal pay.  Our collection includes the following:

Omilian & Kamp, Sex-Based Employment Discrimination

Susan Omilian & Jean Kamp, Sex-Based Employment Discrimination (updated through Sept 2016)This treatise is available electronically through Westlaw. It includes comprehensive treatment of claims brought under the Equal Pay Act, including making a prima facie case, defenses, enforcement, and remedies. Citations are kept current, with the most recent update in September 2016. The library also has the looseleaf version of the title in print, updated through June 2014.

Nyla Jo Hubbard, The rape of the American working woman: How the law and attitude violate your paycheck (2016).   Hubbard, a non-lawyer, combines anecdotes from her personal experience with analysis of how women are placed at a systematic disadvantage under our laws. She discusses a wide range of laws and policies, ranging from Social Security, to healthcare, to childcare subsidies, in order to explain the causes of pay inequality. This title is available as an e-book through ProQuest.  

Susan Bisom-Rapp & Malcolm Sargeant. Lifetime disadvantage, discrimination, and the gendered workforce (2016).  The authors, who are law professors in the U.S. and U.K. respectively, examine the disadvantages faced by women at work, including equal pay issues, in light of inadequacies in the law in both countries. They contend that the piecemeal, incremental approaches built into the legal systems of the U.S. and U.K. do not work and that a more holistic solution is required. This title is available as an e-book through ProQuest.

Christianne Corbett & Catherine Hill, Graduating to a pay gap: The earnings of women and men one year after college graduation (2012). The American Association of University Women (AAUW) has long been engaged in studying, analyzing, and providing policy direction on equal pay issues. In this publication, they explain how pay inequality among college graduates begins immediately after graduation. While discrimination is an important factor, the AAUW study recognizes that gender differences in willingness and ability to negotiate salary contribute to the pay gap, recommending that this issue also be addressed.

Chen, Compliance and Compromise

Cher Weixia Chen, Compliance and compromise: The jurisprudence of gender pay equity (2011).  In this book, Chen, a legally-trained professor of international studies, approaches the topic of pay equality from an international law perspective. She focuses in particular on International Labour Organization (ILO) Convention No. 100 on Equal Remuneration, and how ratifying states have complied or failed to comply with its mandate. This is an interesting read on pay equality laws in countries other than the U.S.: while 173 of the 187 ILO members have ratified ILO Convention No. 100 to date, the U.S. is not one of them.

Episode 100 – Conversation with BLS Prof David Reiss

Episode 100 – Conversation with BLS Professor David Reiss.mp3

This conversation with Brooklyn Law School Professor David Reiss focuses on his recent article Gorsuch, CFPB and Future of the Administrative State. Prof. Reiss talks about the impact that U.S. Supreme Court nominee Judge Neil Gorsuch would have on the future of administrative law and, in particular, on federal consumer protection enforcement if he is confirmed. Prof. Reiss reviews the case PHH v. Consumer Financial Protection Bureau which the United States Court of Appeals, District of Columbia Circuit decided last year. It is likely the case will be appealed to the Supreme Court. If so, Justice Gorsuch may vote to curtail the independence of the Consumer Financial Protection Bureau and limit its enforcement powers. More generally, Prof. Reiss believes that, given previous rulings by Judge Gorsuch in cases dealing with administrative law, a Justice Gorsuch will be a skeptic of agency action and will support greater judicial review of agency actions.

Celebrate Women’s History Month By Checking Out HeinOnline’s Women and the Law Collection

In honor of Women’s History Month this March, head over to HeinOnline to see its Women and the Law collection.  This Hein collection brings together books, biographies, and periodicals exploring the role of women in society and the law.  Scholars use this platform to  research the progression of women’s roles and rights in society over the past 200 years.  In addition to a wealth of historical works, the collection also features more than 70 contemporary feminist sources archived from Emory University Law School’s Feminism and Legal Theory Project.

Kindness Chain for the Holidays and Every Day

As the holiday season approaches, law librarians (including this writer), faculty, students and staff at Brooklyn Law School and elsewhere look forward to the end of final exams so they can travel and join family and friends in celebration of the December holidays. From Christmas to  New Year’s Day, from Hannukah to Eid Milad-un-Nabi or the Winter Solstice, many of us will celebrate according to our own tradition. Not all of us will be so fortunate as many people will be working during the holidays to keep the world running while we celebrate the holidays: cab drivers, garage assistants, healthcare workers, carers, police men and women, airline staff, members of the armed forces. All of these people deserve a massive thank you for keeping things going while we sit at home enjoying holiday cooking. So take a minute away from your family and friends and reach out to someone who is working on Christmas Eve, Christmas Day, New Year’s Eve and New Year’s Day. All of us can use a random act of kindness not only during the holidays but every day.

UPDATE: LexisNexis Digital Library Training Webinar & Live Session

lexisnexis-digital-libraryThe BLS Library is offering a webinar and a live training session to introduce students & faculty to the LexisNexis Digital Library.  As described in Reference Librarian Rosemary Campagna’s blog of October 15, 2016, the Library recently acquired a subscription to the LexisNexis Digital Library which gives students access to treatises, practice guides, and study aids in eBook format.

In order to formally introduce students and faculty to this important new resource, the Library is offering both a webinar and a live training session for the LexisNexis Digital Library.  Both sessions will cover the following topics:

  • How to access (both on-campus and off-campus)
  • Our library’s collection
  • Tools and functionality
  • Locating a title/volumes
  • Borrowing volumes
  • Bookmarks/highlights/annotations
  • Archives
  • Linking on-line research with “print” research
  • Recent and forthcoming enhancements

These sixty minute sessions will be offered on the following dates/times:

UPDATE:  THE PREVIOUSLY SCHEDULED WEBINAR FOR THURSDAY, NOVEMBER 3rd WILL BE REPLACED BY A LIVE TRAINING SESSION ON THURSDAY, NOVEMBER 10, 2016, 11AM-12NOON IN LIBRARY ROOM 113M.  SPACE IS LIMITED.  EMAIL to: linda.holmes@brooklaw.edu, if you would like to attend.

WEBINAR:  Monday, November 7, 2016, 4:00PM-5:00PM.

The instructor for both training sessions is Damian A. Burns, LexisNexis Digital & Print Sales Engineer, Damian.A.Burns@LexisNexis.com

Please follow this link at the time of the November 7th webinar to participate:

www.LexisNexisNow.com/Damian

 

 

LexisNexis Digital Library Now Available at Brooklyn Law School Library

lexisdigitalCurrent law students and faculty can access the Law Library’s new subscription to the LexisNexis Digital Library.  This new subscription gives provides access to primary law, code books, treatises as well as study aids, such as the Understanding and Questions and Answers series.  Just sign in with your BLS user name and password for access.

The LexisNexis Digital Library provides eBook lending capabilities, much like lending a physical book.  The books are accessible via computer, smartphone and tablets.  They are compatible with all major devices  (Apple® products, Android, Amazon® Kindle®, etc.).  You can access them 24/7.

Borrowing times vary depending on the format, ranging from 7 days for a study aid and 30 days for a treatise.  We also have multiple copies of titles, so several users may access them at once.

Check out the Lexis/Nexis Digital Library and see what it has to offer.

 

 

Episode 099 – Conversation with Prof. Susan Hazeldean and Rachel Russell

Episode 099 – Conversation with Prof. Susan Hazeldean and Rachel Russell.mp3

This conversation with Brooklyn Law School Assistant Professor of Law Susan Hazeldean and Rachel Russell, Class of 2017 and chair of the Brooklyn Law School OUTLaws, discusses the Brooklyn Law School LGBT Advocacy Clinic where students represent LGBT individuals in immigration and prisoners’ rights cases and undertake advocacy projects to advance LGBT equality. The conversation starts with Prof. Hazeldean describing the types of cases students handle during their time with the clinic. She also discusses a recent decision by the New York Court of Appeals, In the Matter of Brooke S.B. v Elizabeth A.C.C., in which the court reversed its 25-year-old ruling in the Matter of Alison D v. Virginia M., 77 N.Y.2d 651 (1991), which refused a non-biological lesbian mother standing to sue for visitation with the child that she had parented for six years because she was not a “parent” within the meaning of the New York Domestic Relations Law.

The conversation shifts to Rachel Russell and upcoming projects hosted by OUTLaws. OUTLaws is an organization of lesbian, gay, bisexual, transgender, queer (LGBTQ) students and straight allies within the BLS community. The group’s goals are to provide educational, political and social events for students and to foster connections with alumni and the legal community at large. OUTLaws programming addresses issues affecting LGBTQ civil rights, sponsors guest speakers, supports activism, and increases the visibility of LGBTQ people within the profession.

BLS Library Databases Research Fair: September 29, 2016

fair-balloonsThe Fifth Annual Library Databases Research Fair will be held on Thursday, September 29th, 2016.  The Fair will be held in the Student Lounge from 3:00pm to 6:00pm.

Representatives from the following legal research companies will be here to demonstrate their databases:

  • Bloomberg Law
  • Ebsco
  • Fastcase
  • Lexis Digital
  • Lexis Nexis
  • ProQuest
  • Westlaw
  • Wolters Kluwer
  • The Library will showcase our E-Book Collection
  • Brochures/Pens/Post-Its provided by Hein Online

Come and learn how these databases will help you with your legal research.

There will be handouts, light refreshments, and a raffle drawing for gift cards.

Save the date:  Thursday, September 29th, 2016, 3:00pm – 6:00pm, Student Lounge.

Constitution Day Friday September 16th

To encourage all Americans to learn more about the Constitution Congress established Constitution Week in 1956 . It was to begin each year on September 17th, the date in 1787 when delegates to the Convention signed the Constitution. constitution_day

In 2004, Senator Robert C. Byrd of West Virginia included key provisions in the Consolidated Appropriations Act of Fiscal Year 2005 designating September 17th of each year as Constitution Day and requiring public schools and governmental offices to provide educational programs to promote a better understanding of the Constitution.

Test your knowledge of the Constitution. Take the Constitution Quiz and see how well you do.

Good luck!