Conference for the Federal Judiciary in Honor of the Bicentennial of the Bill of Rights
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/ CONFERENCE FOR THE FEDERAL JUDICIARY IN HONOR OF THE BICENTENNIAL OF THE BILL OF RIGHTS October 20-23, 1991 BIOGRAPHICAL AND RELATED MATERIALS ,' SUMMARY OF CONTENTS ABOUT THE JUDICIAL CONFERENCE OF THE UNITED STATES COMMITIEE ON THE BICENTENNIAL OF THE CONSTITUTION THE STUDENT VOLUNTEERS THE BIOGRAPHIES AND OBSERVATIONS OF SPEAKERS 2 ABOUT THE JUDICIAL CONFERENCE OF THE UNITED STATES COMMI1TEE ON THE BICENTENNIAL OF THE CONSTITUTION In 1985, the Judicial Conference of the United States created the Committee on the Bicentennial of the Constitution. Shortly thereafter, Chief Justice Warren E. Burger appointed the initial members of the Committee. Several Committee members have served from its inception; others were appointed by Chief Justice Rehnquist when the Judicial Conference Committees were reconstituted in 1987. Since 1985 the Committee has engaged in a wide variety of projects designed to foster judicial and public education on the Constitution and Bill of Rights. Video tapes depicting trials on major constitutional issues have been distributed to public television stations, courthouses, and schools nationwide. The Committee co-sponsored the international Appellate Judges Conference in Washington in 1990, attended by hundreds of judges from throughout the world, showcasing the United States Constitution and Bill of Rights. The Committee has published brochures on the Constitution and Bill of Rights and distributed millions of copies to school children around the nation, as well as jurors and naturalized citizens, and has bestowed grants and stipends for many research and education projects. The Committee commissioned the production of bronze plaques containing the full text of the Bill of Rights, and has presented over 200 of those plaques to courthouses, universities, libraries, legislatures, and other institutions around the world. Such a Bill of Rights Plaque was presented to the Institute of Bill of. Rights Law of the College of William and Mary, Marshall-Wythe School of Law, and may be seen on display in the inner courtyard at the law school. This Bill of Rights Bicentennial Conference, the largest gathering of Article III judges in the history of the nation, is a fitting climax to the Committee's work. 3 THE STUDENT VOLUNTEERS The Institute of Bill of Rights Law at the College of William and Mary, Marshall-Wythe School of Law, is proud and honored to serve as the host institution for this Conference for the Federal Judiciary in Honor of the Bicentennial of the Bill of Rights. We are especially pleased that over 200 of our law students have volunteered to assist with the conference, joining the scores of college faculty members, administrators, and staff that are working to host this event. BIOGRAPHIES AND 0BSERVATIONS OF SPEAKERS 5 ·' JUDGE ANTHONY A. ALAIMO THE HONORABLE ANTHONY A. ALAIMO was born on March 29, 1920, in Termini, Sicily, near the city of Palermo. He was brought by his parents to Jamestown, New York, in 1922. Upon his parents' naturalization in 1928 in the Supreme Court of New York, he too became a naturalized citizen of the United States. Judge Alaimo attended the public schools of Jamestown, New York, graduating in 1937. He received a B.A. from Ohio Northern University in the summer of 1940. Following military service during World War IT, he attended Emory University School of Law in Atlanta, from which he graduated in June of 1948. He was admitted to the Georgia and Ohio bars. Judge Alaimo practiced law in Atlanta until 1957, and then in Brunswick, Georgia until December 1971, when he was appointed by President Richard M. Nixon to the position of United States District Judge for the Southern District of Georgia. He was appointed and served as Chief Judge of the Southern District of Georgia in 1976, and held that position until March 28, 1990, when upon reaching the age of 70, it became mandatory by law to step down as Chief Judge. He is now a Senior United States District Judge for the Southern District of Georgia. JUDGE ARTHUR L. ALARCON THE HONORABLE ARTHUR L. ALARCON was born in Los Angeles in 1925. He was educated at the University of California at Los Angeles and the University of Southern California, where he received his B.A. in Political Science in 1949, and LL.B. in 1951 . He was on the Editorial Board of the University of Southern California Law Review. He was appointed by Governor Edmund Brown, Sr. to the California Court of Appeals in 1978. President Jimmy Carter appointed him to the United States Court of Appeals for the Ninth Circuit in 1979. He has published extensively on criminal law, criminal procedure, and evidence matters, has been an Adjunct Professor at the Loyola University Law School, and Lecturer at the University of Southern California Law Center. 6 .. PROFESSOR ANITA L. ALLEN H the Supreme Court has authority only within the "four corners" of the Constitution, then the Supreme Court has frequently erred for good. It is unclear how the judiciary could take the Constitution seriously if appellate review did not seek to bring about recognition and protection of individual rights befitting the liberal society so conceived. "Taking Liberties: Privacy, Private Choice and Social Contract Theory,M 56 Cincinnati Law Rrview 461 (1987) ANITA L. ALLEN is a Professor of Law at Georgetown University Law Center. Her teaching and research interests include tort law, jurisprudence, professional responsibility, and privacy law. Ms. Allen received her undergraduate degree from New College in Sarasota, Florida, her Ph.D. in philosophy from the University of Michigan, and her J.D. from Harvard Law School. She has written extensively in the areas of privacy and jurisprudence including her books, Uneasy Access: Privacy for Women in a Free Society (Rowman and Littlefield, 1988) and Cases and Materials on Privacy Law (co-authored, 1991). 7 JUDGE FRANK X. AL TIMARI I have always believed that a major difference between our Constitution and those that speak of justice in bold terms, but fail to provide it in reality, is that our Constitution provides for a judicial branch that is charged with the task of safeguarding individuals' rights, be they citizens or not. Doherty v. Thornburgh, no. 91-2044, _ F.2d -J (2d Cir. 1991) (Altimari, J., dissenting) THE HONORABLE FRANK X. AL TIMARI is Circuit Judge of the United States Court of Appeals for the Second Circuit. Judge Altimari has had a long and distinguished judicial career, at both the federal and state level. He was also a member of the faculty of St. Francis College and has been a lecturer of law at several universities, including St. John's, Hofstra, and Yale. Judge Altimari is a graduate of St. Francis College and Brooklyn Law School. He is also the recipient of an honorary Doctor of Laws degree conferred by St. Francis College. He has lectured extensively to members of the judiciary and to law enforcement officers on criminal and penal law and on New York civil procedure. 8 JUDGE ALICE M. BATCHELDER ' • THE HONORABLE ALICE M. BATCHELDER received her B.A. in history from Ohio Wesleyan University in 1964, and her J.D. from the Akron University School of Law in 1971. She was Editor-in-Chief of the Akron Law Review. Judge Batchelder engaged in private practice in Medina, Ohio from 1971 to 1983. She was a United States Bankruptcy Judge in the Northern District of Ohio from 1983 to 1985, when she was appointed by President Ronald Reagan to the position of United States District Judge for the Northern District of Ohio, Eastern Division. She received an LL.M. from the University of Virginia Law School in 1988, and has also attended the George Mason University Law and Economics Center Economics Institute for Federal Judges, and the Claremont-McKenna College Judicial Seminar on the Constitution. She was a member of the Ohio Board of Bar Examiners from 1975 to 1980, and since 1980 has been a member of the National Conference of Bar Examiners. Judge Batchelder has served on the University of Akron School of Law Advisory Committee, and Ohio Wesleyan University's National Colloquium Advisory Committee. She is a member of the Federal Judicial Center's Committee on Bankruptcy Education. Judge Batchelder has been nominated by President George Bush to the United States Court of Appeals for the Sixth Circuit. JUDGE WILLIAM J. BAUER THE HONORABLE WILLIAM J. BAUER is Chief Judge of the United States Court of Appeals for the Seventh Circuit. In a judicial career spanning twenty years, Judge Bauer has served on the United States District Court for the Northern District of Illinois as well as on the Court of Appeals for the Seventh Circuit, of which he was designated Chief Judge in 1986. He is a graduate of Elmhurst College, and DePaul University Law School. He is also the recipient of honorary Doctor of Law degrees from Elmhurst College and the John Marshall Law School. Among his many professional activities, Judge Bauer is the former Director of the Federal Bar Association and Chairman of the Federal Criminal Jury Instruction Committee of the Seventh Circuit. 9 PROFESSOR VIVIAN 0. BERGER The only way to cure the disease - what the Powell Committee dubbed the unsatisfactory state of death penalty administration - is to kill the patient: the penalty itself. To my mind, its administration will always suffer from such severe systemic ailments that we as a nation should simply abandon our futile efforts to "execute" justice, as has virtually every country whose traditions and values resemble ours. 1ustice Delayed or Justice Denied? - A Comment on Recent Proposals to Reform Death Penalty Habeas Corpus," 90 Columbia L.lw Review 1665, 1713 (1990) VIVIAN 0. BERGER is Professor of Law and Vice Dean of Columbia University School of Law.