Law Alumni Journal: John W

Total Page:16

File Type:pdf, Size:1020Kb

Law Alumni Journal: John W et al.: Law Alumni Journal: John W. Nields, Jr. '67 THE LAW ALUMNI UNIVERSITY OF PENNSYLVANIA Winter 1988 Volume XXIII Number 2 ~ ................ JOHN W. NIELDS, JR. '67 Chief Counsel to the U.S. House of Representatives' Select Committee to Investigate Covert Arms Transactions with Iran p. 7 THE IRVING R. SEGAL ·LECTURESHIP-----· IN TRIAL ADVOCACY: Hon. Simon H. Rifkind p. 13 THE RELIGION CLAUSES- ·THE-----· PAST AND THE FUTURE Roberts Lecture Hon. Arlin M. Adams'47 p. 9 In This Issue • FROM THE DEAN • ALUMNI PROFILE 12 • PUBUC ~TEREST 16 Published by Penn Law: Legal Scholarship Repository, 2014 SCHOLARSHIP PROGRAM 1 Penn Law Journal, Vol. 23, Iss. 2 [2014], Art. 1 The University of Pennsylvania does not discriminate on the basis of race, color, sex, sexual or affectional preference, age, relig­ ion, national or ethnic origin, or physical handicap. The University's policy applies to faculty and other employees, applicants FROM THE DEAN for faculty positions and other employment, students and applicants to educational pro­ grams. Contents Wide publicity has been FROM THE DEAN 1 given to a US. News and SYMPOSIUM 3 World &port poll of Law FEATURED EVENTS 7 John W Nields, Jr. '67 School deans which ranked Hon. Frank Easterbrook Visit this Law School 1Oth. Only "THE RELIGION CLAUSES 9 half of the deans questioned, THE PAST AND THE FUTURE" answered the questionnaire. Excerpts from the Hon. Arlin Adams' '47 Lecture In addition, I doubt that ALUMNI PROFILE 12 many deans, if any, know Featuring Howard L. Shecter '68 enough facts about other law THE IRVING R. SEGAL 13 schools to evaluate one against LECTURESHIP IN TRIAL the other. Nevertheless, the ADVOCACY Excerpts from the Hon. Simon H. poll has raised questions about the strength of our Law A Rifkind's Lecture THE PUBLIC INTEREST 16 School. To put it simply: Are SCHOLARSHIP PROGRAM we slipping? AND THIS YEAR'S RECIPIENTS THE FACULTY 17 ALUMNI BRIEFS 18 IN MEMORIAM 22 RESPONSE Editor: Joanna Charnes TO U.S. NEWS & WORLD REPORT Design: The Graphics Guild Assistant Editor: John J Pease, III Editorial Assistants: Mario Mestichelli, Thomas J. Pease Faculty & Alumni Briefs Editor: John J. Pease, III Photography Credits: John Sanger, Joanna Charnes, Jay Brodsky Dean and Faculty Photographs: Burton Blender Robert H. Mundheim, Dean, The University of Pennsylvania Law School The Office of Development and Alumni Relations Sally Carroll, Office Coordinator Joanna Charnes, Editor, The Law Alumni Journal/Director of Alumni Affairs Margaret S. DiPuppo, Director of Annual Giving John S. Manotti, Assistant Director of Annual Giving Donald G. Myers, Director of Development Carol G. Weener, Assistant Director of Development https://scholarship.law.upenn.edu/plj/vol23/iss2/1 2 et al.: Law Alumni Journal: John W. Nields, Jr. '67 A second important weakness relates to My answer is a clear "no." To the our building. The ABA-MLS Evaluation contrary, in the last issue of the Journal, I Report concluded that "the physical facili­ reviewed the record over the last six years ties [of the Law School] are inadequate to and pointed out the many areas in which support the educational program of the Law we can take pride in the progress of the ''lan assure you School and are not in compliance with Law School. that the present faculty is [applicable] Standards." These last years have been a time of intellectually vibrant, hard­ Since the 1968 renovation of Lewis Hall, transition. For example, the academic world working, and committed to student population at the Law School has knows that during this time many of our grown by slightly more than a hundred, the best known faculty have retired or pursued teaching. Its strengths do number of course offerings has grown from other paths. However, within the last year not pale in comparison to 69 to 96, and the number of organized two of our stars (Leo Levin and Howard any law school faculty with student activities, such as law journals, Lesnick) have returned; we have added a which I am familiar ...our aca­ public interest projects, and moot court number of tenured faculty from other law demic program reflects the competitions have mushroomed. In addi­ schools (Hank Gutman, Fritz Kubler, Eliza­ tion, our library space has become exceed­ beth Warren, Bruce Mann, and Mark Roe) best in current thinking. Our ingly cramped for the growing collections, and our younger faculty was characterized first year program, includ­ the new electronic methods of accessing and in a recent evaluation report of an ABA­ ing our innovative and transmitting information, and the increased MLS team as "competitive with virtually nationally praised, required, number of students who actively use the any other law school in the country." intensive course in Profes­ library. Although we have not finished the task of To meet similar pressures almost all of building the faculty, I can assure you that sional Responsibility and our peer schools have undertaken substan­ the present faculty is intellectually vibrant, the Legal Profession, is tial building projects. Since 1980, 14 of the hard-working, and committed to teaching. widely admired. Our clinical top 18 law schools in the country have Its strengths do not pale in comparison to program has been singled completed or have begun the process of any law school faculty with which I am out in a recent report by building significant additions. Many of these familiar. new building efforts include new classroom, In the last week of November John former Chief Justice Warren office, and student activity space. Each Nields, '67, the Chief Counsel to the House Burger as worthy of special project has included substantial new library Committee in the Iran Contra hearings, mention particularly for our space. As a result of this activity, Chicago, spent two days at the Law School. He spent path breaking small busi­ Cornell, Iowa, Northwestern, Yale, Geor­ much of that time with groups of students ness clinic." getown, Michigan, and Columbia will boast answering questions. Toward the end of his libraries whose physical space is between visit, John particularly commented on the 73 ,000 and 98,000 net square feet. That depth of interest displayed by the students, compares with the 35,000 square feet occu­ their perceptive questions, and their open­ pied by the Biddle Law Library. It is time In spelling out the achievements of the ness and friendliness. Recruiters for law we begin the building which is to house our Law School - and there are many - I do not firms have also told me that the candidates future. want to overlook the problems we have not they have interviewed from this Law School Late last summer the Law School re­ yet fully solved. have never seemed stronger. Both of those tained the architectural firm of Davis Brody sets of comments confirm my own opinion In a 1981 survey of law library operating & Associates to begin the process of deve l­ of the talent, diversity, and overall strength budgets, Biddle Law Library ranked 44th oping a master plan for Law School expan­ of our student body. out of 173 schools. Law School spending sion. We have now completed our inventory The carefully considered study by Profes­ on Biddle Law Library jumped from $715,000 of needs and are beginning to assess the sor Robert Gorman on our curriculum and in 1980-81 to $1,685,000 in the current resources we expect to have available to the implementation of its recommendations year. With the help of a rejuvenated Friends undertake an appropriate building program. by the Educational Program Committee of Biddle Law Library, we have headed the I expect that this summer we will have in under the chairmanship of Professor Mooney book budget in the right direction and hand the initial architectural response to makes me confident that our academic boosted spending and other acquisitions meeting our needs, consistent with our program reflects the best in current think­ from $268,000 in 1980-81 to $446,000 last resources. ing. Our first year program, including our year. But the effort to push Biddle Law Although I believe that polls such as the innovative and nationally praised, required, Library back into the forefront is far from one conducted by U.S. News and World intensive course in Professional Responsibil­ finished. In terms of volumes in the library report do a disservice by purporting to ity and the Legal Profession, is widely collection, square feet of space devoted to evaluate complex institutions by producing admired. Our clinical program has been the library, and money spent annually on a single number (is X Law School in the singled out in a recent report by former the library, we are below the average of the Top Ten), I think we should take the poll Chief Justice Warren Burger as worthy of major law schools with comparably sized as a spur for meeting the two major special mention, particularly for our path student bodies. Similar library statistics are challenges facing us: providing a building breaking small business clinic. one easily obtained set of figures for evalu­ and a library which reflects our sense of this ating strengths of law schools. Our record Law School's stature in the Law School is not as strong as it could be, and we must world. work together to rebuild our position. Jll Published by Penn Law: Legal Scholarship Repository, 2014 3 2 Penn Law Journal, Vol. 23, Iss. 2 [2014], Art. 1 SYMPOSIUM FROM THE LAW LIBRARIAN'S response to the lower dollar would be to set comparative approaches to copyright, to WINDOW about, cheerfully, to trim fat, defer pur­ sentencing, to human rights, to environ­ by Elizabeth S.
Recommended publications
  • 134TH COMMENCEMENT James E
    134 th Commencement MAY 2021 Welcome Dear Temple graduates, Congratulations! Today is a day of celebration for you and all those who have supported you in your Temple journey. I couldn’t be more proud of the diverse and driven students who are graduating this spring. Congratulations to all of you, to your families and to our dedicated faculty and academic advisors who had the pleasure of educating and championing you. If Temple’s founder Russell Conwell were alive to see your collective achievements today, he’d be thrilled and amazed. In 1884, he planted the seeds that have grown and matured into one of this nation’s great urban research universities. Now it’s your turn to put your own ideas and dreams in motion. Even if you experience hardships or disappointments, remember the motto Conwell left us: Perseverantia Vincit, Perseverance Conquers. We have faith that you will succeed. Thank you so much for calling Temple your academic home. While I trust you’ll go far, remember that you will always be part of the Cherry and White. Plan to come back home often. Sincerely, Richard M. Englert President UPDATED: 05/07/2021 Contents The Officers and the Board of Trustees ............................................2 Candidates for Degrees James E. Beasley School of Law ....................................................3 Esther Boyer College of Music and Dance .....................................7 College of Education and Human Development ...........................11 College of Engineering ...............................................................
    [Show full text]
  • Top of Page Interview Information--Different Title
    Regional Oral History Office University of California The Bancroft Library Berkeley, California Disability Rights and Independent Living Movement Oral History Project Thomas K. Gilhool LEGAL ADVOCATE FOR DEINSTITUTIONALIZATION AND THE RIGHT TO EDUCATION FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES Interviews conducted by Fred Pelka 2004-2008 Copyright © 2010 by The Regents of the University of California ii Since 1954 the Regional Oral History Office has been interviewing leading participants in or well-placed witnesses to major events in the development of Northern California, the West, and the nation. Oral History is a method of collecting historical information through tape-recorded interviews between a narrator with firsthand knowledge of historically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. The tape recording is transcribed, lightly edited for continuity and clarity, and reviewed by the interviewee. The corrected manuscript is bound with photographs and illustrative materials and placed in The Bancroft Library at the University of California, Berkeley, and in other research collections for scholarly use. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account, offered by the interviewee in response to questioning, and as such it is reflective, partisan, deeply involved, and irreplaceable. ********************************* All uses of this manuscript are covered by a legal agreement between The Regents of the University of California and Thomas K. Gilhool, dated April 6, 2005. The manuscript is thereby made available for research purposes. All literary rights in the manuscript, including the right to publish, are reserved to The Bancroft Library of the University of California, Berkeley.
    [Show full text]
  • Susquehanna University Bulletin
    COURSE CATALOG 2015–2016 SUSQUEHANNA UNIVERSITY BULLETIN SUSQUEHANNA UNIVERSITY BULLETIN GENERAL CATALOG FOR 2015-16 School of Arts and Sciences Sigmund Weis School of Business www.susqu.edu/catalog The 158th Academic Year 514 University Ave. Selinsgrove, PA 17870-1164 1 Mission. Susquehanna University educates undergraduate students for productive, creative and reflective lives of achievement, leadership and service in a diverse and interconnected world. Accreditation. Susquehanna University is accredited by the Middle States Commission on Higher Education, 3624 Market St., Philadelphia, PA 19104 (267-284-5000). The Middle States Commission on Higher Education is an institutional accrediting agency recognized by the U.S. Secretary of Education and the Council for Higher Education Accreditation (CHEA). The Sigmund Weis School of Business is accredited by AACSB International, a specialized accrediting organization recognized by the CHEA. Programs for the preparation of elementary and secondary education teachers at the bachelor's level are approved by the Pennsylvania Department of Education. The Department of Music is accredited by the National Association of Schools of Music, and the Department of Chemistry is accredited by the American Chemical Society. In addition, graduates in accounting are eligible to sit for the New York State licensure examination in Certified Public Accounting. Susquehanna is also a member of the American Association of Colleges and Universities, American Council on Education, Council of Independent Colleges, Annapolis Group, National Association of Independent Colleges and Universities, and Lutheran Educational Conference of North America. Nondiscrimination Statement. In administering its affairs, the university shall not discriminate against any person on the basis of race, color, religion, national or ethnic origin, ancestry, age, sex, sexual orientation, gender identity or expression, disability, veteran status, or any other legally protected status.
    [Show full text]
  • Supreme Court Nomination - Letters to the President” of the Richard B
    The original documents are located in Box 11, folder “Supreme Court Nomination - Letters to the President” of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 11 of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library .§n:prtlttt <!Jomt trf tltt ,-mtt.b- .§taftg Jfu£tittghtn. Jl. <!}. 2tl~'!~ CHAMBERS OF THE CHIEF .JUSTICE November 10, 1975 GONFiDEUTI:A:f::t Dear Mr. President: Against the possibility that a vacancy may occur on the Court there are certain factors, not always present when vacancies occur, that deserve consideration and I venture to submit them to you privately for such utility as they may have. (1) Rarely have the geographical factors been as neutral as at present. As you know, the two youngest Justices are from the West (White and Rehnquist); there are three from the Midwest (Burger, Stewart, Blackmun); one from a border state, Maryland (Marshall); one from the Northeast (Brennan); and one from the South (Powell).
    [Show full text]
  • Temple Law Review
    TEMPLE LAW REVIEW © 2007 TEMPLE UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION VOL. 80 NO. 1 SPRING 2007 THE ARLIN M. AND NEYSA ADAMS LECTURE ON CONSTITUTIONAL LAW TO ADMINISTER JUSTICE Louis H. Pollak* I count it a great privilege to present the inaugural Arlin and Neysa Adams Lecture on the Constitution. The privilege has two aspects: The first aspect is that it provides a renewed opportunity to give public thanks for the generosity and the devotion to the public weal that have always been Arlin and Neysa's trademark. And for those of us who labor in the law, this is an occasion on which we can-without fear of the red light that terminates oral argument in the circuit courts of appeals and in the Supreme Court-recognize the Judge as one whose eighteen years on the Third Circuit were a model of scrupulous craftsmanship in service to the Constitution. Further, here in this academic setting, we can acknowledge the contributions that Arlin Adams-as judge, as scholar, and as teacher-has made to our understanding of the Constitution, and, most particularly, of the First Amendment's religious clauses. The second aspect is to bear witness to the significance of this new lectureship. The very act of establishing a lectureship on the Constitution is a signal event. It betokens America's continuing commitment to the liberty values animating the Declaration of Independence, and to the structures of governance put in place by the delegates to the Constitutional Convention in order to "secure the blessings of Liberty to ourselves and our Posterity." * Judge, United States District Court, Eastern District of Pennsylvania.
    [Show full text]
  • TRANSCRIPT of INTERVIEW with JUDGE ARLIN M. ADAMS 1. Gordon: I Am Sarah Gordon Here on July 1 1999 with Judge Arlin Adams Who Ha
    TRANSCRIPT OF INTERVIEW WITH JUDGE ARLIN M. ADAMS 1. Gordon: I am Sarah Gordon here on July 1 1999 with Judge Arlin Adams who has kindly agreed to participate in the Oral Legal History Project at the University of Pennsylvania Law School. The interview is being conducted in his office at the Law Firm of Schnader, Harrison, Segal and Lewis at 1600 Market Street in Philadelphia. First of all Judge, let me tell you what a pleasure it is to see you today and I want to thank you for giving us your time. 2. Adams: My pleasure, I can assure you. 3. Gordon: If I could, I'd like to begin at the beginning with your childhood in Philadelphia. Could you tell us first when you were born and where have lived? 4. Adams: I was born in 1921. World War One was over. We lived in an area that was known as Central North Philadelphia, a very good neighborhood at that time. It had many people of German extraction who worked in the hosiery mills, many hosiery mills, printing plants and particularly the hat industry. Stetson was very big all over the United States and they had their big plants in Philadelphia. They were enormous. 5. Gordon: What did your parents do? 6. Adams: My father had been an artist. He had gone to the Pennsylvania Academy of Art. But in those days artists couldn't make a living and he drifted into the hat business, mainly because of Stetson. 7. Gordon: Did your mother work as well? 8.
    [Show full text]
  • Contested Civility: Free Speech and Inclusivity on Campus
    The Inaugural Honorable Arlin M. Adams Lecture in LAW, RELIGION AND THE FIRST AMENDMENT Contested Civility: Free Speech and Inclusivity on Campus Tuesday, November 12, 2019 4:30 PM | Fitts Auditorium | University of Pennsylvania Carey Law School Reception to follow in the Haaga Lounge OUR SPEAKER CHRISTOPHER L. EISGRUBER President, Princeton University THE HONORABLE ARLIN M. ADAMS The Honorable Arlin M. Adams was a leader on the bench, in government and in the community during an iconic career that spanned well over fifty years. His career took him from Schnader, Harrison, Segal & Lewis to the U.S. Court of Appeals for the Third Circuit to positions as a mediator on complex issues involving corruption and bankruptcy. Judge Adams graduated from Penn Law School in 1947 and never wavered in his affiliation to and support for the institution. He was elected editor- in-chief of the Law Review while a student and later taught at the law school. He also served as president of the Board of Overseers and delivered the Owen J. Roberts Lecture in 1987. Judge Adams is the namesake of the Arlin Adams Professorship in Constitutional Law and now the Hon. Arlin M. Adams Lecture on Law, Religion and the First Amendment. Born in Philadelphia in 1921, and raised during the Great Depression, Arlin M. Adams earned an undergraduate degree from Temple University and was the recipient of a full tuition scholarship to Penn Law School. In 1942, Adams took a leave of absence from the law school, enlisted in the U.S. Navy, and served in the North Pacific as a logistics officer.
    [Show full text]
  • University of California, Santa Barbara
    F O CA Y L IT I S F O R A R E N V I I A N LE , U T L University of California Santa Barbara IG T H T S H A E RE E A N B R T A A BARB Department of History Santa Barbara, California 93106-9410 Laura Kalman July 31, 2016 Dear Members of the NYU Legal History Colloquium: Thank you so much for agreeing to read my book manuscript! (And please do not copy, cite or circulate it without permission.) I have just submitted the manuscript (seconds ago) to Oxford for copy-editing, so I won’t be able to add any new chapters, based on what you tell me. But I will be able to make changes when the manuscript comes back from the copy-editor and before I submit the final version. It would ideal if you could make your criticisms as targeted/specific as possible so I know what to fix, massage, rewrite, add, delete, etc. But whatever you say, I really look forward to being with all of you again. Best wishes, Laura Kalman, Professor of History, UCSB 2 Colloquium on Constitutional & Legal History NYU School of Law August 31, 2016 The Long Reach of the Sixties: LBJ, Nixon and Supreme Court Nominations Laura Kalman [email protected] 805-453-8673 3 In Memory Of Newton Kalman, 1920-2010 Celeste Garr, 1924-2010 John Morton Blum, 1921-2011 Lee Kalman, 1919-2014 Protectors, Promoters, Teachers, Friends 4 Preface On February 13, 2016, friends found the body of the Supreme Court’s preeminent conservative in his suite at a hunting resort in West Texas.
    [Show full text]
  • Punishment in Prison: Constituting the “Normal” and the “Atypical” in Solitary and Other Forms of Confinement
    Copyright 2020 by Judith Resnik, Hirsa Amin, Sophie Angelis, Megan Hauptman, Laura Kokotailo, Aseem Mehta, Madeline Silva, Tor Tarantola & Meredith Wheeler Printed in U.S.A. Vol. 115, No. 1 PUNISHMENT IN PRISON: CONSTITUTING THE “NORMAL” AND THE “ATYPICAL” IN SOLITARY AND OTHER FORMS OF CONFINEMENT Judith Resnik, Hirsa Amin, Sophie Angelis, Megan Hauptman, Laura Kokotailo, Aseem Mehta, Madeline Silva, Tor Tarantola & Meredith Wheeler ABSTRACT—What aspects of human liberty does incarceration impinge? A remarkable group of Black and white prisoners, most of whom had little formal education and no resources, raised that question in the 1960s and 1970s. Incarcerated individuals asked judges for relief from corporal punishment; radical food deprivations; strip cells; solitary confinement in dark cells; prohibitions on bringing these claims to courts, on religious observance, and on receiving reading materials; and from transfers to long- term isolation and to higher security levels. Judges concluded that some facets of prison that were once ordinary features of incarceration, such as racial segregation, rampant violence, and filth, violated the Constitution. Today, even as implementation is erratic and at times abysmal, correctional departments no longer claim they have unfettered authority to do what they want inside prisons walls. And, even as the courts have continued to tolerate the punishment of solitary confinement in the last decade, a few lower courts have held unconstitutional the profound sensory deprivations such isolation has entailed.
    [Show full text]
  • Supreme Court Nomination - Background on Recommended Candidates” of the Richard B
    The original documents are located in Box 11, folder “Supreme Court Nomination - Background on Recommended Candidates” of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 11 of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library • THE WHITE HOUSE WASHINGTON MEMORANDUM FOR THE PRESIDENT THROUGH: RICHARD B. CHENEY FROM: DOUGLAS P. BENNETT~ SUBJECT: Candidates for the Supreme Court I. Comments. The following comments have been received by Phil Buchen or myself concerning the nomination to the Supreme Court. 1•. Jill Ruckelshaus, Audrey Colom (Chairman of the National Women's Political Caucus) and the National Federation of Business and Professional Women's Clubs strongly urge the appointment of a woman to the Supreme Court. 2. Harry Dent holds the firm belief that the appointee should be a conservative woman. 3. Roger Blough advised the nomination of an individual with a 11 middle of the road'' philosophy rather than a more conservative one.
    [Show full text]
  • Introductory Material As Pdf
    Materials Relating to Conduct of Attorneys in the Office of Independent Counsel Arlin M. Adams and Independent Counsel Larry D. Thompson in the Prosecution of Deborah Gore Dean (June 5, 2008; rev. July 26, 2008) Note: The materials made accessible through this page are quite voluminous. Even the narrative material on the page itself is substantial. Thus, although the narrative is organized in the way that I believe will be the most informative, I suggest the following to those readers who might not get too far into the narrative material in the normal course. Simply read the first four paragraphs of the Introduction. These provide a general background to the matter and should also at least suggest that something amiss occurred in the prosecution of United States of America v. Deborah Gore Dean. Then read Section B.1. At that point, put aside for the moment any feelings you might have that a group of federal prosecutors would never act in the described manner, much less under the direction of a distinguished jurist, and consider how you would regard the conduct of the involved Independent Counsel attorneys if the account is accurate and if the attorney ethics and morality reflected in this particular matter infused the entire prosecution. Then, in light of your view as to the nature of such conduct and the likelihood that the account is accurate, as well as your view of implications of the fact that persons involved with the prosecution would eventually hold high positions in the United States Department of Justice, consider whether you deem it worthwhile to read further.
    [Show full text]
  • Justice Kavanaugh's Antitrust Testimony Before the Senate
    Justice Kavanaugh’s Antitrust Testimony Before the Senate Judiciary Committee By Carl W. Hittinger and Jeanne-Michele Mariani As some presidents can attest, U.S. Supreme Court Kavanaugh had little background in antitrust, unlike Justice justices are more likely to change their judicial Neil Gorsuch, his willingness to dissent from the majority in philosophies once appointed than any other nominee to these cases seemed to reflect a pro-merger attitude that the federal court system. favored business efficiency over government regulation. He also displayed in his dissents a sense of the law that As some presidents can attest, U.S. Supreme Court balks at some of the safeguards put in place to enforce justices are more likely to change their judicial healthy competition. At his confirmation hearing before philosophies once appointed than any other nominee the Senate Judiciary Committee on Sept. 5, before the to the federal court system. Most recently Justice David proceedings shifted to more personal topics, Sen. Amy Souter, the pick of President George H.W. Bush, was Klobuchar, Ranking Member of the Subcommittee on supposed to be a win for conservatism, but as time went Antitrust, Competition Policy and Consumer Rights, by, he aligned himself more and more closely with the left. briefly focused on antitrust issues in her questioning. She President Gerald Ford on and off lamented his appointing called attention to Kavanaugh’s two antitrust dissents and antitrust expert Justice John Paul Stevens to the court. his hardly veiled disdain for two of the oldest and most The late great U.S. Court of Appeals for the Third Circuit formative Supreme Court decisions in antitrust law, Brown Judge Arlin Adams was his alternative choice.
    [Show full text]