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Federalist Society Hosts Debate over
Employment Laws
Scholar, Lawyer and Students Address
Economy, Equality
Nov. 13, 2007 – The Brooklyn Law School Federalist Society presented a spirited debate on November 7 between Professor Richard Epstein, one of the foremost scholars of the law and economics movement, and employment lawyer and BLS alumnus Murray Schwartz over the merits of employment discrimination laws.
Professor Epstein is the director of the Law and Economics Program at the University of Chicago School of Law and the author of numerous scholarly works including Forbidden Grounds: The Case Against Employment Discrimination Laws. Schwartz is the managing partner of Schwartz & Perry LLP, one of the nation’s preeminent employment discrimination law firms. A pioneer in the field of employment discrimination law, Schwartz has represented clients in groundbreaking cases including the landmark Thoreson v. Penthouse case, which established that a victim of sexual harassment could prevail on testimony alone. He graduated from Brooklyn Law School in 1949.
The debate began with an introduction by Professor Minna J. Kotkin, who directs the Employment Law Clinic at the Law School. Professor Epstein then presented his case, arguing that employment discrimination laws are unnecessary and ineffective, and that they damage both the economy and the job prospects of the individuals they were created to protect. Schwartz countered with personal accounts from his experience as a practitioner that illustrated the threat that employment discrimination continues to pose and the vital role of employment discrimination laws in the ongoing struggle for equality in the workplace.
The lively debate on this controversial topic presented an excellent opportunity for students to challenge each other’s views on the subject, and the debate echoed in the Law School’s hallways long after the speakers left the building.
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