Michael Wishnie to Join Yale Law School Faculty
"I am absolutely thrilled that Mike is coming back home. Mike is the most influential and courageous young clinician in the country. He has world-class teaching, scholarly and lawyerly skills, a global vision, and an unerring sense of justice. This is a wonderful appointment for the Yale Law School," said Dean Harold Hongju Koh.
Wishnie, who received his B.A. from Yale University in 1987 and his J.D. from Yale Law School in 1993, is presently a Professor of Clinical Law and Co-Director of the Immigrant Rights Clinic and the Arthur Garfield Hays Civil Liberties Program at New York University.
"Mike Wishnie is a nationally-known expert in immigration law and the civil rights of immigrants, including the rights of non-citizens in the workplace, under the welfare laws, and on habeas corpus," said Robert Solomon, Clinical Professor of Law and Director of Clinical Studies at Yale Law School. "Here at Yale, his work will address employment issues affecting low-wage and undocumented workers and civil liberties after September 11, in a program grounded locally in community education, litigation, and advocacy initiatives."
At NYU, Wishnie has taught the Civil Legal Services Clinic, Immigrant Rights Clinic, and Advanced Immigrant Rights Clinic, where his students have represented individual non-citizens and their organizations in vigorous litigation, legislative advocacy, and other campaigns. He has also taught the first-year Administrative and Regulatory State course at NYU, Labor & Employment Law, and the Hays Civil Liberties Program.
Prior to joining NYU in 1998 as an Assistant Professor of Clinical Law, Wishnie served as an IOLA Fellow at The Legal Aid Society, Brooklyn Neighborhood Office, 1993-94; law clerk to the Hon. H. Lee Sarokin at the U.S. District Court, District of New Jersey, and U.S. Court of Appeals for the Third Circuit, 1994-95; as law clerk to Justice Harry Blackmun, Retired, and Justice Stephen Breyer, U.S. Supreme Court, 1995-96; and as Skadden Fellow/Staff Attorney, ACLU Immigrants' Rights Project, 1996-98.
Between college and law school, Wishnie spent two years teaching in the People's Republic of China, and he has been deeply involved in building clinical education in China.
Wishnie's pathbreaking clinical teaching was chronicled in the December 2002 issue of Legal Affairs, see http://www.legalaffairs.org/issues/November-December-2002/review_eviatar_novdec2002.msp.
Michael Wishnie has also taken a leading role in numerous important lawsuits and is a frequent participant in Supreme Court and other appellate litigation involving the civil rights of immigrants. In recent years he has authored briefs amici curiae and played a significant role in developing the litigation strategy in cases such as Balbuena v. IDR Realty LLC (pending before N.Y. Court of Appeals) (remedies available under state workplace safety law to severely injured undocumented worker), Rasul v. Bush, 542 U.S. 466 (2004) (habeas jurisdiction to review custody of Guantanamo detainees), Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) (rights of undocumented workers under National Labor Relations Act), and INS v. St. Cyr, 533 U.S. 289 (2001) (habeas jurisdiction to review deportation orders).
His publications include:
"The Story of Hoffman Plastic Compounds, Inc. v. NLRB: Labor Rights Without Remedies for Undocumented Immigrants," in Labor Law Stories (Laura J. Cooper and Catherine L. Fisk, ed., Foundation Press, 2005) (with Catherine L. Fisk)
"Hoffman Plastic Compounds, Inc. v. NLRB: The Rules of the Workplace for Undocumented Immigrants," in Immigration Stories (David A. Martin and Peter H. Schuck, ed., Foundation Press, 2005) (with Catherine L. Fisk)
Blurring the Lines: A Profile of State and Local Police Enforcement of Immigration Law Using the National Crime Information Center Database, 2002-2004 (Migration Policy Institute: 2005) (with Hannah Gladstein, Annie Lai & Jennifer Wagner)
"Introduction -- The Border Crossed Us: Current Issues in Immigrant Labor," 28 NYU Review of Law & Social Change 389 (2004)
"Emerging Issues for Undocumented Workers," 6 University of Pennsylvania Journal for Labor and Employment Law 497 (2004)
"State and Local Police Enforcement of Immigration Laws," 6 University of Pennsylvania Journal of Constitutional Law 1084 (2004)
Immigrants and the Right to Petition, 78 N.Y.U. L. REV. 667 (2003)
AMERICA'S CHALLENGE: DOMESTIC SECURITY, CIVIL LIBERTIES, AND NATIONAL UNITY AFTER SEPTEMBER 11 (Migration Policy Institute: 2003) (with others)
Immigrant Workers and the Domestic Enforcement of International Labor Rights, 4 U. PA. J. LABOR & EMP. L. 529 (2002)
The Historical Scope of Habeas Corpus and INS v. St. Cyr, 16 GEO. IMMIGR. L. J. 485 (2002) (with James Oldham)
Brief Amici Curiae of Legal Historians in INS v. St. Cyr, 16 GEO. IMMIGR. L. J. 465 (2002) (with others)
Introduction: Immigration and Federalism, 58 ANN. SURV. AM. L. 283 (2002)
Laboratories of Bigotry? Devolution of the Immigration Power, Equal Protection, and Federalism, 76 N.Y.U. L. REV. 493 (2001). Reprinted in 22 IMM. & NAT. L. REV. 51 (2002).
Wishnie is married to Cathy Edwards, an acclaimed arts administrator, and they have two children, Rachel and Ben.