The Secret History of the Bluebook
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Remarks on Henry Friendly
REMARKS ON HENRY FRIENDLY ON THE AWARD OF THE HENRY FRIENDLY MEDAL TO JUSTICE SANDRA DAY O’CONNOR Pierre N. Leval † RESIDENT RAMO CALLED ME a couple of days ago with a problem. Young people today (and this includes young- sters up to the age of 50) apparently do not know who Henry Friendly was or why the American Law Institute Pawards a medal in his name. Would I address those questions to- night? At first I was astonished by Roberta’s proposition. Friendly was revered as a god in the federal courts from 1958 to his death in 1986. In every area of the law on which he wrote, during a quarter century on the Second Circuit, his were the seminal and clarifying opinions to which everyone looked as providing and explaining the standards. Most of us who earn our keep by judging can expect to be de- servedly forgotten within weeks after we kick the bucket or hang up the robe and move to Florida. But for one whose judgments played † Pierre Leval is a Judge of the U.S. Court of Appeals for the Second Circuit. He delivered these remarks on October 20, 2011, at a dinner of the Council of the American Law Insti- tute. Copyright © 2012 Pierre N. Leval. 15 GREEN BAG 2D 257 Pierre N. Leval such a huge role, it is quite surprising – and depressing – that the memory of him has so rapidly faded. Later, a brief exploration why this might be so. I begin by recounting, for any who don’t know, what some pur- ple-robed eminences of the law have said about Friendly. -
Annual Report
COUNCIL ON FOREIGN RELATIONS ANNUAL REPORT July 1,1996-June 30,1997 Main Office Washington Office The Harold Pratt House 1779 Massachusetts Avenue, N.W. 58 East 68th Street, New York, NY 10021 Washington, DC 20036 Tel. (212) 434-9400; Fax (212) 861-1789 Tel. (202) 518-3400; Fax (202) 986-2984 Website www. foreignrela tions. org e-mail publicaffairs@email. cfr. org OFFICERS AND DIRECTORS, 1997-98 Officers Directors Charlayne Hunter-Gault Peter G. Peterson Term Expiring 1998 Frank Savage* Chairman of the Board Peggy Dulany Laura D'Andrea Tyson Maurice R. Greenberg Robert F Erburu Leslie H. Gelb Vice Chairman Karen Elliott House ex officio Leslie H. Gelb Joshua Lederberg President Vincent A. Mai Honorary Officers Michael P Peters Garrick Utley and Directors Emeriti Senior Vice President Term Expiring 1999 Douglas Dillon and Chief Operating Officer Carla A. Hills Caryl R Haskins Alton Frye Robert D. Hormats Grayson Kirk Senior Vice President William J. McDonough Charles McC. Mathias, Jr. Paula J. Dobriansky Theodore C. Sorensen James A. Perkins Vice President, Washington Program George Soros David Rockefeller Gary C. Hufbauer Paul A. Volcker Honorary Chairman Vice President, Director of Studies Robert A. Scalapino Term Expiring 2000 David Kellogg Cyrus R. Vance Jessica R Einhorn Vice President, Communications Glenn E. Watts and Corporate Affairs Louis V Gerstner, Jr. Abraham F. Lowenthal Hanna Holborn Gray Vice President and Maurice R. Greenberg Deputy National Director George J. Mitchell Janice L. Murray Warren B. Rudman Vice President and Treasurer Term Expiring 2001 Karen M. Sughrue Lee Cullum Vice President, Programs Mario L. Baeza and Media Projects Thomas R. -
Aviation Law Mark A
Journal of Air Law and Commerce Volume 48 | Issue 2 Article 13 1983 Aviation Law Mark A. Dombroff Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Mark A. Dombroff, Aviation Law, 48 J. Air L. & Com. 453 (1983) https://scholar.smu.edu/jalc/vol48/iss2/13 This Book Review is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. Book Reviews AVIATION LAW by Andreas F. Lowenfeld. New York: Matthew Bender & Co., 1981 Edition. pp. 1411. In 1972, Andreas Lowenfeld published the first edition of AVIATION LAW.' In the introduction to that book, Professor Lowenfeld related the challenge presented by Judge Henry Friendly: Some years ago, Judge Henry Friendly, who made his career in large part as a brilliant and imaginative general counsel for Pan American World Airways, reviewed an earlier attempt to collect materials on aviation law by asking whether it made sense to treat this subject at all. "In order to make out a case for separate treatment," he wrote, "it must be shown that the heads of a given subject can be examined in a more illuminating fashion with reference to each other than with references to other branches of law." With respect to the book under review, Judge Friendly's answer was "a resounding no."' Professor Lowenfeld went on to accept the challenge and in the seven chapters of the first edition of AVIATION LAW presented the reader with an overview of the economic, regulatory, tort, and social considerations that have grown up in the law relating to the aviation industry. -
Assocjustices 1992.Pdf
January 6, 1992 Dear Cissy and Thurgood, A brief note from Jo and me to thank you for your greetings, and to wish for both of you a happy and healthy 1992. Our friendship dates back many years. As ever, Justice Thurgood Marshall and Mrs. Marshall 6233 Lakeview Drive Falls Church, Virginia 22041 lfpjss January 8, 1992 Dear Sandra and John, Jo and I appreciate your Christmas greetings. We are interested in your family, and glad to know that Brian is happily married, and that your grandson is doing well. You mention the "rapidly changing world in which we live". The changes in what used to be the Soviet Union are not easy to believe. Nor am I sure that the changes are necessarily good. There could be chaos, and who controls the thousands of nuclear weapons based in the old Soviet Union and on submarines? Jo and I admire both of you, and Sandra continues to hold a key position on the Court. As ever, Hon. Sandra Day O'Connor John J. O'Connor, III, Esquire 4 Oxford Circle Chevy Chase, MD 20815 lfpjss - .fnprtmt <!Jcurt cf t!tt '!tnttth .i\tatu Jlasltitt!ltctt. ~. OJ. :!llbi~ CHAMBERS OF .JUSTICE DAVID H. SOUTER :r..... /'"· r ~ tJ"- Mwni-1') ~ AN-t )e..ti~) ~) ~ ,,.,.,..... J•I"J' t-~~ A"" ~ -~, ~Atb/~ I ~~ (/~ .,.... cl -"jttifM ~ . .,~ r J ~t J b lv,.:t- --~ ~~F ~ I 4tA ~ VS1vo~ i /11-' l MA-rt-~ ~ M , f ~ ~ ·vtn ~ ~ pt~ N-1-ttt A pt. V'c.-"- t ~ 1/./'WI/jtN» 7 . Jf z, e.. ~ uA-1 e(M ~ _..4A.A,A. -
Course Correction: Toward an Effective and Sustainable China Policy
COURSE CORRECTION: TOWARD AN EFFECTIVE AND SUSTAINABLE CHINA POLICY Task Force Report Orville Schell and Susan L. Shirk, Chairs February 2019 COURSE CORRECTION: Toward an Effective and Sustainable China Policy 1 COURSE CORRECTION: TOWARD AN EFFECTIVE AND SUSTAINABLE CHINA POLICY Task Force Report Orville Schell and Susan L. Shirk, Chairs February 2019 AsiaSociety.org/USChinaTaskForce PARTNER2 COURSE CORRECTIONORGANIZATIONS: Toward an Effective and Sustainable China Policy The Center on U.S.-China Relations was founded in 2006 and is based at Asia Society’s New York headquarters. The center undertakes projects and events which explore areas of common interest and divergent views between the two countries, focusing on policy, culture, business, media, economics, energy, and the environment. The 21st Century China Center was established in 2011 at the University of California San Diego School of Global Policy and Strategy. It is a leading university-based think tank that uses original research to anchor major policy discussions on China and U.S.-China relations. IN COLLABORATION WITH The Annenberg Foundation Trust at Sunnylands is an independent nonpartisan, nonprofit organization dedicated to convening global leaders in the public, private, and nonprofit sectors to promote world peace, facilitate international agreement, and seek solutions to the most difficult challenges facing the world today. © 2019 Asia Society. All rights reserved. Asia Society Center on U.S.-China Relations 725 Park Avenue New York, NY 10021 212-288-6400 AsiaSociety.org/ChinaCenter The Asia Society Center on U.S.-China Relations and the Asia Society take no institutional positions on matters of public policy and other issues addressed in the reports and publications they sponsor. -
Judical Stratification and the Reputations of the United States Courts of Appeals
Florida State University Law Review Volume 32 Issue 4 Article 14 2005 Judical Stratification and the Reputations of the United States Courts of Appeals Michael E. Solimine [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U. L. Rev. (2006) . https://ir.law.fsu.edu/lr/vol32/iss4/14 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW JUDICAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS Michael E. Solimine VOLUME 32 SUMMER 2005 NUMBER 4 Recommended citation: Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 FLA. ST. U. L. REV. 1331 (2005). JUDICIAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS MICHAEL E. SOLIMINE* I. INTRODUCTION.................................................................................................. 1331 II. MEASURING JUDICIAL REPUTATION, PRESTIGE, AND INFLUENCE: INDIVIDUAL JUDGES AND MULTIMEMBER COURTS ............................................................... 1333 III. MEASURING THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS . 1339 IV. THE RISE AND FALL OF -
Judicial Genealogy (And Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts
The Judicial Genealogy (and Mythology) of John Roberts: Clerkships from Gray to Brandeis to Friendly to Roberts BRAD SNYDER* During his Supreme Court nomination hearings, John Roberts idealized and mythologized the first judge he clerkedfor, Second Circuit Judge Henry Friendly, as the sophisticated judge-as-umpire. Thus far on the Court, Roberts has found it difficult to live up to his Friendly ideal, particularlyin several high-profile cases. This Article addresses the influence of Friendly on Roberts and judges on law clerks by examining the roots of Roberts's distinguishedyet unrecognized lineage of former clerks: Louis Brandeis 's clerkship with Horace Gray, Friendly's clerkship with Brandeis, and Roberts's clerkships with Friendly and Rehnquist. Labeling this lineage a judicial genealogy, this Article reorients clerkship scholarship away from clerks' influences on judges to judges' influences on clerks. It also shows how Brandeis, Friendly, and Roberts were influenced by their clerkship experiences and how they idealized their judges. By laying the clerkship experiences and career paths of Brandeis, Friendly, and Roberts side-by- side in detailed primary source accounts, this Article argues that judicial influence on clerks is more professional than ideological and that the idealization ofjudges and emergence of clerks hips as must-have credentials contribute to a culture ofjudicial supremacy. * Assistant Professor, University of Wisconsin Law School. Thanks to Eleanor Brown, Dan Ernst, David Fontana, Abbe Gluck, Dirk Hartog, Dan -
News in Brief
news in brief China Center Receives $30 Million Gift in Honor of Dr. Paul Tsai To hoNor ThE lEgacy of the late Dr. Paul C. Tsai, ’54 llm, ’57 jsd, yale law School has received a gift of $30 million that will support the continuing work of the law School’s China Center. This extraordinary gift was given by his son, Joseph C. Tsai, ’86 ba, ’90 jd. In recognition of this gift, the Center has been renamed the Paul Tsai China Center. “Through his intelligence, wisdom, and wit, my father was an inspiration and role model to me,” said Joe Tsai. “I am proud and humbled to have fol- lowed in his footsteps to yale law School. I am also extremely fortunate to have participated in the tremendous growth of China’s economy and technol- ogy development over the past two decades. Today, as I think about giving back to an institution that represents the confluence of experiences that shaped who I am, I can’t think of a better initiative than the China Center at yale law School under the leadership of Professor gewirtz. This is the most (above) Paul Tsai ’54 llm, ’57 jsd yearbook photo; meaningful way for me to remember my father and to recognize the develop- (right) Tsai in front of Sterling Memorial Library on ment of China, its increasing role on the world stage, and the importance of the day of his graduation, 1957 U.S.-China relations.” Tsai Joe of courtesy photos bottom) page, (this School; Law Yale of courtesy Photos page) facing and (top 2 3 yale law report summer 2016 (opposite, top) The Paul Tsai China Center at Yale Law School works collaboratively with top experts in Chinese universities, government, and civil society to broadly improve U.S.–China relations. -
The Pragmatic Passion of Stephen Breyer
GEWIRTZ 4/24/2006 2:10:35 PM Paul Gewirtz The Pragmatic Passion of Stephen Breyer Now in his twelfth year as a Supreme Court Justice, Stephen Breyer has written an important book, Active Liberty,1 which crystallizes a fundamental set of beliefs about the American Constitution and his role as a Justice. Taking Active Liberty as the entry point, this piece places Breyer’s book in the wider context of his judicial opinions and activities as a Justice—and, as such, seeks to provide a preliminary sketch of Breyer’s distinctive place in American law today. i. voice Active Liberty emphasizes one theme that Breyer says runs through our primal document and that should help guide how we determine its meaning in a wide variety of cases: the idea of democratic participation. Breyer argues that our Constitution embodies not only a commitment to “negative liberty” (protecting citizens from government interference with their lives) but also a commitment to “active liberty”—creating and fostering a form of democratic government in which the people “share the government’s authority” and actively “participat[e] in the creation of public policy.”2 Viewing the Constitution in this way, Breyer argues, will lead to better constitutional interpretations and a more “workable democratic government.”3 To understand Active Liberty—and the Justice who penned it—we must first understand what it is not. It would be a mistake to see this book—as some of its critics have—as offering a “theory” about the Constitution. Breyer explicitly disclaims that he is setting forth a “theory.”4 Although a longtime 1. -
Previously Released Merrick Garland Docs
OATH OF OFFICE FOR UNITED STATES JUDGES (ritlc 28, Sec. 453 and Title 5. Sec. 3331. Unltr.d St.aleS Code) Merrick B. Garland I, ...... ............. .. .............. ....... .......... , do solemnly swear (or affinn) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perfonn all the duties . United States Circuit Judge . incumbent upon me as . under the Consucuuon and laws of the United States: and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic: that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion: and that I will well and faithfully discharge the duties of the office on which I am about to enter. So HELP ME Goo. ... ..... u ~~- UL ... .·------_ Subscribed and swo ~ to (or affinned) before me this ....... Al.I. R '.T ~f.. ..... ... ... day of .. 4,pJ? .; ) .. ..................... 19 f.7 . -~ - ~~dL~-~~i ··· .. ..... Actual abode .... .. .< .~'- ~ { :- ~ 11J .~ ...... ..... ... Official station* ........... ...... Date of binh ... · · ·~?:- ... I~<?!~ Exemption 6 I Date of entry on duty .. ... ........ "'Titk lll S<?c. -1~6 u nited St.ate~ Code. as amended. v .o. \.JI·~ Of r"9'110tW'191 Menagemef'W FPM CMplllr IZle et-toe APPOINTMENT AFFIDAVITS United States Circuit Judge March 20, 1997 (POfition to wlticl appoif!Ud) (Dau o/ appoin~ U. S. Court of Appeals, District of Columbia Circuit, Washington, DC (BuNau or Divilion) (Plau of tmp~t) Merrick B. Garland I, ----------------------• do solemnly swear (or affirm) that- A. -
Twelve Letters from Arthur L. Corbin to Robert Braucher Annotated Joseph Perillo Fordham University School of Law
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1993 Twelve Letters from Arthur L. Corbin to Robert Braucher Annotated Joseph Perillo Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/faculty_scholarship Part of the Law Commons Recommended Citation Joseph Perillo, Twelve Letters from Arthur L. Corbin to Robert Braucher Annotated, 50 Wash. & Lee L. Rev. 755 (1993) Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/785 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. TWELVE LETTERS FROM ARTHUR L. CORBIN TO ROBERT BRAUCHER ANNOTATED JOSEPH M. PERILLO* In 1964 the Yale Law Journal published a bibliography of Professor Arthur Corbin's publications.' The bibliography quotes a letter from Arthur Corbin to a Yale Law Journal editor2 in which Corbin states that he had written a "'one man revision' of the first Restatement of Contracts, which he sent in hand-written form to Judge Herbert Goodrich, then Director of the American Law Institute. Corbin said that Judge Goodrich "had each such installment typewritten and multigraphed for the use by the revision reporter and his committee and perhaps by others." 3 Diligent search by law librarians has failed to locate a copy of this revision of the Restatement by Corbin in any law library. -
Foreword BJI/CLR Symposium on Charting a Path for Federal Judiciary Reform
Foreword BJI/CLR Symposium on Charting a Path for Federal Judiciary Reform Jeremy Fogel* A principal mission of the Berkeley Judicial Institute (BJI), which I am privileged to serve as Executive Director, is to “fill a long-standing need to establish an effective bridge between the legal academy and the judiciary.” This mission statement reflects a common perception among both legal scholars and judges that the two institutions often talk past each other, such that the scholars’ analyses are insufficiently grounded in practical reality, while the judges’ perspectives are overly focused on granular detail. BJI’s existence reflects the hope that closer contact and collaboration between the two groups will lead to new and useful synergies. The Symposium on the structure and functioning of the federal appellate courts to which this issue of the California Law Review is dedicated was BJI’s first major public effort in pursuit of this goal. The Symposium brought together diverse thought leaders from academia, the bar, and the judiciary for two days of candid conversation and brainstorming. It expressly encouraged the participants to think big, to imagine how the federal courts might reframe their existing way of doing business to address functional deficiencies and serve their stakeholders more effectively. The results of the thought-provoking discussions are reflected in the seven pieces that CLR will publish: Professors Peter Menell and Ryan Vacca’s Revisiting and Confronting the Federal Judiciary Capacity “Crisis”: Charting a Path for Federal