/ 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. Currently, her teaching interests include criminal process, criminal law, and the death penalty. Ms. Berger is also Of Counsel to the NAACP Legal Defense and Educational Fund, Inc., a position she has held since 1987. She briefed and argued before the United States Supreme Court the case of Saffle v. Parks (1990). Ms. Berger received her B.A. from Radcliffe and her J.D. from Columbia Law School. She has written extensively on issues relating to capital punishment, criminal law, and criminal procedure. 10

JUDGE NEAL B. BIGGERS, JR.

It is not the business of the courts to expand or abridge. It is not the business of the courts to solve the enormous problems of a country. It is not the business of the courts to engage in exploration, policy-making and experiment. The courts will do well to answer directly and promptly the disputes presented in their own domain.

Remarks at Investiture Ceremony, 1984

THE HONORABLE NEAL B. BIGGERS, JR. was born and raised in northern Mississippi. He graduated from the Corinth Public Schools, Millsaps College, and the University of Mississippi Law School, where he served as Associate Editor of the Mississippi Law Journal. Judge Biggers served in the United States Air Force from 1956 to 1960 as a navigator on anti-submarine patrol planes. He served as Alcorn County Prosecuting Attorney; District Attorney of the First Circuit Judicial District of Mississippi; and Circuit Judge of the First Circuit District. He was appointed in 1984 as United States District Judge for the Northern District of Mississippi. Judge Biggers is a member of the Presbyterian Church and a Rotarian. He has published legal articles in various literary journals and law reviews. 11 DEAN LEE C. BOLLINGER

[While] free speech theory has traditionally focused on the value of the protected activity (speech), [the theory offered here] seeks a justification by looking at the disvalue of the [frequently intolerant] response to that activity. [The] rationality and wisdom of choosing the course of tolerance can be derived from a neglected insight - namely, that the problematic feelings evoked [by] speech activity are precisely the same kinds of feelings evoked by a myriad of interactions in the society, not the least of which are the reactions we take toward nonspeech behavior. [The free speech principle] involves a special act of carving out one area of social interaction for extraordinary self-restraint, the purpose of which is to develop and demonstrate a social capacity to control feelings evoked by a host of social encounters. [The free speech principle is thus] concerned with nothing less than helping to shape the intellectual character of the society.

The Tolerant Society: Freedom of Speech and Extremist Speech in America, 9-10, 107 (1986)

LEE C. BOLLINGER is Dean of the University of Michigan Law School. His research and teaching interests include the First Amendment, mass media law, contracts, corporations, and commercial transactions. Mr. Bollinger is a graduate of the University of Oregon and of the Columbia Law School, where he was an editor of the Columbia Law Review. He was a law clerk to Judge Wilfred Feinberg of the United States Court of Appeals for the Second Circuit, and Chief Justice Warren E. Burger of the United States Supreme Court. He is a prolific writer, including many law review articles and three books, Images of a Free Press (University of Chicago Press, 1991), The Tolerant Society: Freedom of Speech and Extremist Speech in America (Oxford University Press, 1986), and Contract Law in Modern Society, 2d edition (West Publishing Co., 1980). 12 JUSTICE HARRY L. CARRICO

HARRY L. CARRICO is Chief Justice of the Supreme Court of Virginia. Chief Justice Carrico has been on the Virginia Supreme Court since 1961, and Chief Justice since 1981. He received his LL.D and J.D. from George Washington University. Among the many honors and recognitions in his distinguished career have been the Presidency of the Conference of Chief Justices, membership on the Board of Directors of the National Center for State Courts, and the George Washington University Alumni Professional Achievement Award. He is a member of the Order of the Coif, Phi Delta Phi, and Omicron Delta Kappa.

PROFESSOR STEPHEN L. CARTER

STEPHEN L. CARTER is the William Nelson Cromwell Professor of Law at Yale University. He specializes in constitutional law, contracts, intellectual property, and legal control of science and technology. Mr. Carter is a graduate of Stanford University and of the Yale Law School, where he was an editor of the Yale Law Journal. He is a former law clerk of Judge Spottswood W. Robinson of the United States Court of Appeals for the District of Columbia and of Justice Thurgood Marshall of the United States Supreme Court. Mr. Carter is the author of the newly released book, Reflections of an Affirmative Action Baby (Basic Books, 1991) and a contributing author to, among other books, Trade, Technology & World Competition (1990) and The Evolving U.S. Constitution 1787-1987 (T. Sun ed. 1989). He has written numerous law review articles on a wide variety of subjects, and is a member of the National Board of Contributors of American Lawyer Media, columns of which are printed in Legal Times and other American Lawyer Media publications. 13

DEAN JESSE H. CHOPER

[A]lthough judicial review is incompatible with a fundamental precept of American democracy - majority rule - the Court must exercise this power in order to protect individual rights, which are not adequately represented in the political processes. When judicial review is unnecessary for the effective preservation of our constitutional scheme, however, the Court. should decline to exercise its authority. By so abstaining, the Justices both reduce the discord between judicial review and majoritarian democracy and enhance their ability to render enforceable constitutional decisions when their participation is critically needed. Judicilll Review tmd the NationtJI Politiazl Process: A FunctionJll Reconsideration of the Role of the Supreme Court, p. 2 (1980)

JESSE H. CHOPER received his B.S. degree in 1957 from Wilkes College and his J.D. in 1960 from the University of Pennsylvania. He was bestowed an honorary Doctor of Humane Letters degree in 1967 from Wilkes College. Dean Choper was Research Editor of the University of Pennsylvania Law Review. He was admitted to the Bar in the District of Columbia in 1960, and served as law clerk to Chief Justice Earl Warren during 1960-61. He has taught at the Wharton School of the University of Pennsylvania, at the University of Minnesota Law School, and has been Professor of Law at Berkeley since 1965. He has been Dean at Berkeley since 1982. Dean Choper has also been a Visiting Professor at Harvard Law School. He teaches in the fields of constitutional law and corporation law. His major publications include the book, Judicial Review and the National Political Process: A Functional Reconsideration of the Role of the Supreme Court, which received the Order of the Coif Triennial Book Award in 1982. He is also a co-author of two widely used casebooks, Constitutional Law: Cases Comments and Questions (co-authored with Lockhart, Kamisar & Shiffrin) (West Pub. Co.) and Corporations: Cases and Materials (co-authored with Coffee & Morris) (West Pub. Co.). For more than a decade, he has joined with Professors Yale Kamisar of Michigan and Laurence Tribe of Harvard in U.S. Law Week's Annual Constitutional Law Conference in Washington, D.C. He has delivered the Cooley Lectures at Michigan, the Kharas Lecture at Syracuse, the Caplan Lecture at Pittsburgh, the Ray Lecture at Kentucky, the Lockhart Lecture at Minnesota, the Baum Lecture at Illinois, the Goodwin Distinguished Lecture at Nova, the Center for Church/State Studies Inaugural Lecture at DePaul, the Leary Lecture at Utah, the Traynor Lecture at the California Judicial College, the McCormick Lecture at Arizona, and the Roscoe Pound Lecture at Nebraska. He is a member of the American Academy of Arts & Sciences, the American Law Institute, and the Order of the Coif. 14

MR. WILLIAM T. COLEMAN

WILLIAM T. COLEMAN, JR. is a senior partner in the law firm of O'Melveny & Meyers. In a distinguished career in law, business and public service spanning more than forty years, Mr. Coleman has held a variety of positions, including service in advisory or consultant posts to six former United States Presidents. His public service positions include, among many other posts, Secretary of the U.S. Department of Transportation during the Ford administration; a member of the U.S. delegation to the 24th session of the United Nations General Assembly; and, senior consultant and counsel to the President's Commission on the Assassination of President Kennedy in 1964. Mr. Coleman was one of the authors of the Supreme Court brief in the landmark school desegregation case of Brown v. Board of Education in 1954, and presently serves as Chairman of the Board of the NAACP Legal Defense and Educational Fund, Inc. He was appointed as amicus curiae by the U.S. Supreme Court in Bob Jones University v. United States and Goldsboro Christian School, Inc. v. United States, argued before the Court in October 1982. He is a summa cum laude graduate of the University of Pennsylvania and a magna cum laude graduate of Harvard Law School where he was an editor of the Haroard Law Review. He clerked for Judge Herbert F. Goodrich of the United States Court of Appeals for the Third Circuit and for Justice Felix Frankfurter of the United States Supreme Court. He is the recipient of sixteen honorary degrees from colleges and universities across the country. In December of 1979, Mr. Coleman was nominated as an Officer of the National Order of the Legion of Honor by the President of France.

JUDGE THOMAS J. CURRAN

THE HONORABLE THOMAS J. CURRAN was appointed to the position of United States District Judge for the Eastern District of Wisconsin in 1983. He received a Bachelor of Natural Sciences Degree from Marquette University in Milwaukee in 1945, and an LL.B. from Marquette in _1948 .. He served with the United States Navy from 1943 to 1946, and was m pnvate practice in Mauston, Wisconsin from 1948 to 1983, when he was appointed to the Federal Bench. 15

MR. TALBOLT D'ALEMBERTE

TALBOLT D'ALEMBERTE is the President of the American Bar Association. He received his B.A. from the University of the South in 1955, and his J.D. from the University of Florida College of Law in 1962. He was Articles Editor of the Florida Law Review, and graduated Order of the Coif. After a distinguished career in private practice in Miami, and as a member of the Florida Legislature, Mr. D' Alemberte was appointed Dean and Professor of Law at Florida State University. He has been President of the American Judicature Society, and Chairman of the American Bar Association Section on Legal Education. He served as Counsel to the Senate Banking Sub­ Committee investigating abuses in federal housing programs. He has chaired the ABA Section of Legal Education and Admissions to the Bar, and the Special Committees on Election Reform, Resolution of Minor Disputes, and Medical Malpractice. He has received the Florida Bar Foundation Medal of Honor, the National Sigma Delta Chi First Amendment Award, the Florida Civil Liberties Award, the American Academy of Television Arts and Sciences "Emmy," and awards from the Florida Academy of Trial Lawyers and the Florida Bicentennial Commission. 16

PROFESSOR NEAL E. DEVINS

One cannot trace constitutional decision making solely to the efforts of nine individuals working in isolation. Other parts of government both interpret the Constitution and influence the judiciary. The Constitution Between Friends, 67 Texas Law Review 213, 213-14 (1988)

NEAL E. DEVINS is an Associate Professor of Law and Lecturer in Government at the College of William and Mary. Professor Devins has previously served as Assistant General Counsel for the United States Commission on Civil Rights, and Project Director for the Institute for Public Policy Studies at Vanderbilt University. He received his A.B. from Georgetown University and his J.D. from Vanderbilt Law School. He is the author of over thirty articles on constitutional law, civil rights, and education in the nation's leading law reviews, and a frequent contributor to national newspapers and magazines. Professor Devins is the editor of Public Values, Private School (Stanford Series on Education and Policy) and Readings in Institutional Dynamics (with Louis Fisher) (West Publishing Co., forthcoming). 17

JUDGE GUSTAVE DIAMOND

THE HONORABLE GUSTAVE DIAMOND was born in Burgettstown, Pennsylvania, on January 29, 1928. He served in the United States Navy from 1946-1948. He received an A.B. degree from Duke University in 1951 and a J.D. Degree from Duquesne University Law School in 1956. Judge Diamond was admitted to the Pennsylvania Bar in 1958, and to the Bar of the United States Court of Appeals for the Third Circuit in 1962. He served as law clerk to United States District Judge Rabe F. Marsh, Jr. from 1956 to 1961. He was an Assistant and First Assistant United States Attorney for the Western District of Pennsylvania from 1961 to 1963, and the United States Attorney for that district from 1963 to 1969. From 1969 to 1978, he practiced law in Pittsburgh and Washington, Pennsylvania. In 1978, he was appointed by President Jimmy Carter to the position of United States District Judge for the Western District of Pennsylvania. Judge Diamond was appointed a member of the United States Judicial Conference Committee on Defender Services by Chief Justice William H. Rehnquist in 1988, and in 1990, was appointed Chairman of that Committee.

JUDGE ADRIAN G. DUPLANTIER

THE HONORABLE ADRIAN G. DUPLANTIER is the Chairman of the Bill of Rights Conference Subcommittee, and in that capacity has been, with the active assistance of the other members of his Subcommittee, the principal Federal Judge responsible for the planning and administration of this Conference. Since 1985, he has been a member of the Judicial Conference Committee on the Bicentennial of the Constitution. He was appointed United States District Judge for the Eastern District of Louisiana in 1978. Judge Duplantier is a graduate of Loyola University of the South, receiving his J.D. in 1949. In 1988, he received a Master of Laws in the Judicial Process degree from the University of Virginia Law School. Judge Duplantier was formerly First Assistant District Attorney for the Parish of Orleans, a State Senator, and Judge of the Civil District Court for the Parish of Orleans. In 1983, he was elected by the Judges of the Fifth Circuit to serve as the District Judge representative to the Judicial Conference of the United States. Judge Duplantier is a member of the New Orleans Bar Association, the Louisiana State Bar Association, the American Bar Association, the Council of the Louisiana State Law Institute, the American Judicature Society, and the Order of the Coif. 18

JUDGE THOMAS GARNETT EISELE

. .. these [Voting Rights] cases are, in an almost inadvertent manner, redefining the nature of our democratic form of government, contrary, I believe, to the Constitution. Do we really believe in the idea of one political society or should this be a nation of separate racial, ethnic, and language political enclaves? Surely such issues are worthy of serious, focused debate and discussion. Ironically, there has been precious little of either. With no one saying "No," we are heading toward a political structure that can only be described as "separate but equal." And experience in other areas tells us how long we can expect "separate" to remain "equal."

Jeffers v. Clinton, 730 F. Supp. 196 (E.D. Ark. 1989)

THE HONORABLE THOMAS GARNETI EISELE was born in Hot Springs, Arkansas in 1923. He graduated from Hot Springs High School in 1941, after which he attended the University of Florida. In 1942, he volunteered for Army service, and served three years during World War n. His education then continued at Indiana University and then at Washington University in St. Louis, from which he received his A.B. degree with final honors in 1947. After receiving Bachelor of Law and Master of Law degrees from Harvard, he returned to Hot Springs to practice law with the firm founded by his grandfather. In 1953, he served as Assistant United States Attorney in Little Rock, and later entered private practice there. Judge Eisele worked in the 1953 presidential campaign for Dwight Eisenhower, and was campaign manager for Winthrop Rockefeller's 1964 campaign for Governor of Arkansas. In 1970, he was appointed United States District Judge for the Eastern District of Arkansas. He was appointed Chief Judge of that District in 1975, and held that position until 1991, when he took Senior Status. Judge Eisele served on the University of Arkansas Board of Trustees prior to his appointment to the Bench. He was named "Outstanding Federal Trial Court Judge" by the Association of Trial Lawyers of America in 1977, and in 1980 he was chosen the best District Judge in the Eighth Circuit by The American Lawyer. He was named "Outstanding Trial Judge" by the Arkansas Trial Lawyers Association for 1988-89. 19

JUDGE MARTIN L.C. FELDMAN

The Founding Fathers embarked us upon a difficult, exciting, sometimes rowdy voyage, but one which in 200 years has been gleeful and successful. The secret of that success is rooted in the endless quest for the correct balance between secrecy and freedom of information. And that, quite simply, is the key. The Founding Fathers institutionalized for Western civilization the primacy of the doctrine of balance in our written Constitution. . . . And so, you see, national security must come first. But the wonderful mystery of our system is, so must the First Amendment. The Heritage Lectures, "Why the First Amendment Is Not Incompatible with National Security Interests", lecture given at The Heritage Foundation, Washington, D.C., January 14, 1987

THE HONORABLE MARTIN L.C. FELDMAN graduated from Tulane Law School in 1957, where he was a member of the Order of the Coif, and Assistant Editor of the Tulane Law Review. Upon graduation in 1957, Judge Feldman clerked for Judge John Minor Wisdom of the United States Court of Appeals for the Fifth Circuit. He then practiced law in New Orleans until 1983, when he was appointed United States District Judge for the Eastern District of Louisiana by President Ronald Reagan. He presently serves as the Chairman of the Fifth Circuit's Committee on Pattern Civil Jury Charges. Judge Feldman is a member of the Board of Directors of the Federal Judicial Center. He is a Visiting Scholar at Fitzwilliam College, Cambridge University, and an Honorary Master of the Bench of the Inner Temple Inn of Court in London. 20

PROFESSOR LAWRENCE M. FRIEDMAN

. . . The Court depends on social context; it cannot wander too far from limits set by context. It is a tiger, but a tiger in a cage.

!he American Constitution: A Double Life," 10 Univenity of Arbnsas Uttle Rock uw Jounu.l '257, 269 (1987-88)

LAWRENCE M. FRIEDMAN was born in 1930. He was educated at the University of Chicago and holds an A.B., J.D. and M.LL. from that University, as well as honorary degrees from Puget Sound and the City University of New York. He is the Marion Rice Kirkwood Professor of Law at Stanford University Law School. His main fields of interest are American legal history, and the relationship of law and society. Among his works are Contract Law in America (1965); Law and the Behavioral Sciences (coedited with Stewart Macaulay) (1969; 2nd edition, 1977); A History of American Law (1973; 2nd edition, 1985); Law and Society: An Introduction (1977); American Law and the Constitutional Order: Historical Perspectives (coedited with Harry N. Scheiber) (1978; enlarged edition, 1988); The Roots of Justice: Crime and Punishment in Alameda County, California, 1870-1910 (with Robert V. Percival) (1981); Total Justice (1985); and The Republic of Choice: Law, Authority and Culture (1990). He is the past-President of the Law and Society Association, President of the American Society for Legal History, and a Fellow of the American Academy of Arts and Sciences. He has been a Fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford, the Van Leer Institute in Jerusalem, and the Institute for Advanced Study in Berlin. He received the Triennial Award of the Order of the Coif of the Association of American Law Schools, in 1976. 21

PROFESSOR MICHAEL J. GERHARDT

MICHAEL J. GERHARDT is an Assistant Professor of Law at the College of William and Mary, Marshall-Wythe School of Law. Professor Gerhardt received his B.A. from Yale, his M.Sc. from the London School of Economics, and his J.D. from the University of Chicago. Prior to joining the William and Mary faculty in 1990, Professor Gerhardt clerked for Judge Gilbert Merritt of the United States Court of Appeals for the Sixth Circuit, and for Judge Robert McRae, Jr., of the United States District Court for the Western District of Tennessee, worked in private practice in Washington, D.C., and taught at the Wake Forest University School of Law. Professor Gerhardt is the author of numerous law review articles and the co-author of the forthcoming book, Constitutional Theory: Arguments and Perspectives. 22

MR. ROBERT H. GILES

Pursuit of the truth is one of the ideals of journalism. Every reporter goes about the business of gathering information by seeking to learn the truth of an event. Truth is often elusive. It can change from one day to the next. Sometimes, we never learn the truth. Realistically, what reporters gather are bits and pieces of the truth. Occasionally they will fit together as a whole truth. But not often. Times-Union, Rochester, N.Y., December 22, 1984

ROBERT H. GILES is the Editor and Publisher of The Detroit News. He was born in Cleveland, Ohio in 1933. He is a 1955 graduate of DePaul University, majoring in English. He received his Master's degree in 1956 from the Graduate School of Journalism at Columbia University. In August 1958, Mr. Giles began a 17-year career at the Akron Beacon Journal, where he served in a variety of positions, from reporter to executive editor. In 1965, he was a Nieman Fellow at Harvard, pursuing a special interest in urban studies. The following year, he returned to the Beacon Journal as city editor. He became managing editor in 1968. In 1970, Mr. Giles directed the Beacon Journal's coverage of the campus shootings at Kent State University, for which the newspaper was awarded the Pulitzer Prize for local reporting. He became executive editor in 1972. He resigned in January 1976 to accept a position as editor-in-residence at the William Allen White School of Journalism at the University of Kansas, under a program funded by the Gannett Foundation. In 1977, Mr. Giles became executive editor of the Democrat and Chronicle, the morning and Sunday newspaper, and the Times-Union, the evening newspaper in Rochester. In 1981, he was promoted to editor of both papers, including responsibility for the editorial pages. In 1986, Mr. Giles became executive editor of the Detroit News and in 1987 he was promoted to vice president and executive editor. He was named editor and publisher of the paper in 1989. Mr. Giles has written a textbook titled, Newsroom Management: a Guide to Theory and Practice, published by Media Management Books of Detroit. He was president of APME in 1988, and is the founding president of the APME Foundation. He is on the board of directors of the American Society of Newspaper Editors and is a member of the American Newspaper Publishers Association. He won the Scripps­ Howard Foundation Distinguished Journalism Citation in 1978 for "outstanding public service in the cause of the First Amendment" for columns focusing on the issue of open courts. He served as a Pulitzer Prize juror five times, in 1970, 1971, 1985, 1986 and 1991. Mr. Giles is a member of the Board of Trustees of the William Allen White Foundation of the School of Journalism at the University of Kansas. He serves on the Accrediting Council for Education in Journalism and the Board of Trustees of FACS. 23

JUDGE RUTH BADER GINSBURG

The Founding Fathers rebelled against the patriarchal power of kings and the idea that political authority may legitimately rest on birth status. They did not see (because their culture made them blind to the notion) that the principles they held dear had any direct application to women's relationship to men. But their stated commitment to equality and individual liberty had growth potential. A prime portion of the history of the Constitution, historian Richard Morris wrote, is the story of the ways constitutional rights and protections came to be extended to once excluded groups: to people who were once held in bondage, to men without property, to native Americans, and to women. Remarks at Class Day Exercises, Amherst College, May 25, 1991

THE HONORABLE RUTH BADER GINSBURG has served on the Bench of the United States Court of Appeals for the District of Columbia Circuit since her appointment on June 18, 1980. From 1972 to 1980, Judge Ginsburg was a professor at Columbia University School of Law and, from 1963 to 1972, she served on the law faculty of Rutgers-The State University of New Jersey. She has taught at University of Amsterdam, Harvard Law School, New York University Law School, University of Strasbourg, the Salzburg Seminar in American Studies, and the Aspen Institute for Humanistic Studies. In 1978, she was a Fellow at the Center for Advance Study in the Behavioral Sciences at Stanford University. Judge Ginsburg has a Bachelor of Arts degree from Cornell University, attended Harvard Law School and received her LL.B. O.D.) from Columbia Law School. She holds honorary degrees from Lund University (Sweden), American University, Vermont Law School, Georgetown University, DePaul University, Brooklyn Law School, Hebrew Union College, Rutgers University and Amherst College. In 1971, then Professor Ginsburg was instrumental in launching the Women's Rights Project of the American Civil Liberties Union and, throughout the 1970s, she litigated a series of cases solidifying a constitutional principle against gender-based discrimination. Her bar association activities include service on the Board of Editors of the American Bar Association Journal, and as Secretary, Board, and Executive Committee member of the American Bar Foundation. Judge Ginsburg serves on the Council of the American Law Institute, and is a member of the Council on Foreign Relations and the American Academy of Arts and Sciences. She has written widely about civil procedure, conflict of laws, constitutional law, and comparative law. 24

PROFESSOR LANI GUINIER

LANI GUINIER is a Professor of Law at the University of Pennsylvania. Prior to joining the law faculty at Pennsylvania, Ms. Guinier was Assistant Counsel with the NAACP Legal Defense and Educational Fund, Inc., a juvenile court referee in Detroit, Michigan, and a law clerk for Judge Damon J. Keith of the United States Court of Appeals for the Sixth Circuit (then, Chief Judge of the United States District Court for the Eastern District of Michigan). She is a graduate of Radcliffe College and of Yale Law School. She has been counsel of record or on brief or amicus brief in several United States Supreme Court cases, and has testified before United States House and Senate committees on matters such as the Universal Voter Registration Act and the Voting Rights Act. 25

PROFESSOR KERMIT L. HALL

Government, the framers of the Bill of Rights believed, was an instrument of man . . . and, therefore, each individual citizen is free to the extent that government is not."

By tmd For t~ Ptaple: Constitutional Rights in Ammozn History, 11 (1991)

KERMIT L. HALL is Professor of History and Law at the University of Florida, where he teaches undergraduate, graduate, and law courses in American constitutional and legal history. He holds a Ph.D. from the University of Minnesota and an M.S.L. from Yale Law School. His publications include: The Politics of justice (1979), A Comprehensive Bibliography of American Constitutional and Legal History (7 vols., Kraus, 1984, 1991), and The Magic Mirror: Law in American History (1991). Professor Hall has been a Fulbright Scholar in Finland and a Visiting Scholar at the American Bar Foundation; he has also held grants and fellowships from the National Science Foundation, the National Endowment for the Humanities, and the American Council of Learned Societies. He is currently chairman of the Bill of Rights Education Collaborative, a joint effort of the American Historical Association and the American Political Science Association to promote teaching about the Bill of Rights in primary and secondary schools. 26

JUDGE JAMES HUGHES HANCOCK

In contrast to the first eight amendments, the Ninth Amendment does not specify any rights of the people, rather it serves as a savings clause to keep from lowering, degrading or reflecting any rights which are not specifically mentioned in the document itself. The Ninth Amendment does not raise those unmentioned rights to constitutional stature; it simply takes cognizance of their general existence. This is not to say that no unenumerated rights are constitutional in nature, for some of them may be found in the penumbras of the first eight amendments or in the liberty concept of the Fourteenth Amendment and, thus, rise to constitutional magnitude. It is only to say, however, that unenumerated rights do not rise to constitutional magnitude by reason of the Ninth Amendment."

Ouzrles v. Braum, 495 F. Supp. 863 (N.D. Ala. 1980)

THE HONORABLE JAMES HUGHES HANCOCK was appointed United States District Judge for the Northern District of Alabama in 1973. He is a graduate of the University of Alabama, receiving a B.S. degree in 1953, and an LL.B. degree in 1957. Judge Hancock is a past President of the District Judges Association for the Eleventh Circuit. He was a member of the Pattern Jury Instructions Committee of the Fifth Circuit and the Eleventh Circuit District Judges. He has for many years been a frequent lecturer for the Federal Judicial Center's continuing legal education programs for District Judges, Bankruptcy Judges and Magistrate Judges. From 1983 to 1989, he served as a member of the Judicial Conference Committee on the Administration of the Bankruptcy System. He currently serves as a member of the Judicial Council of the Eleventh Circuit and on the Standing Education Committee of the Eleventh Circuit. Judge Hancock is a member of the Alabama Bar and the Birmingham Bar Association. 27

JUDGE WILLIAM BREVARD HAND

If in the op1mon of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way in which the Constitution designates. But let there be no change by usurpation; . . . (Washington's Farewell Address). Let us have faith in the rightness of our charter and the patience to persevere in adhering to its principles .... [T]his attempt to right that which this Court is persuaded is a misreading of history will come to nothing more than blowing in the hurricane, but be that as it may, this Court is persuaded, as was Hamilton, that '[e]very breach of the fundamental laws, though dictated by necessity, impairs the sacred reverence which ought to be maintained in the breast of the rulers toward the Constitution'. . . . Jaffru v. Board of School Commissioners, 554 F. Supp. 1104, _ (S.D. Ala. 1983)

THE HONORABLE WILLIAM BREVARD HAND was born in Mobile, Alabama in 1924. He received a Bachelor of Laws from the University of Alabama in 1949, replaced with a Juris Doctor from the University of Alabama in 1969. He was bestowed an Honorary Doctor of Laws Degree by Mobile College in 1990. Judge Hand served in the European Theater of the United States Army during World War II. He entered the practice of law in 1949, and left private practice when appointed to the Federal Bench in 1971. He became Chief Judge of the United States District Court for the Southern District of Alabama in 1981, and Senior Judge in 1989. Judge Hand is presently a member of the Alabama and Mobile Bar Associations, the Federal Bar Association, and the Dauphin Way United Methodist Church, in which he is a member of the Administrative Board. Judge Hand received the John Paul II Religious Freedom Award in 1988 in recognition of his firm commitment and dedication to freedom of religion in education. 28

DR. CYNTHIA ELLEN HARRISON

CYNTHIA ELLEN HARRISON received her B.A. from Brooklyn College in 1966, and her Ph.D. in American History from Columbia University in 1982. She is the author of several books, including On Account of Sex: The Politics of Women's Issues, 1945 to 1968, (University of California Press, 1988), and The Federal Appellate Judiciary in the 21st Century, (coauthored with Russell R. Wheeler) (Federal Judicial Center, 1989). She is the author or editor of numerous articles and serials, and has been a Visiting Professor at the UCLA Center for American Politics and Public Policy. She is presently the Chief of the Federal Judicial History Office of the Federal Judicial Center. 29

DR. HERBERT HAUSMANINGER

Even if all goes well, we will have to wait at least a generation, thirty years or more, to see a civic culture firmly rooted in the Soviet Union, a society of developed participatory democracy, respect of civil rights, and a sophisticated system of dispute resolution under the rule of law. "The Development of a Soviet State Under the Rule of law," Virginia Law School Report, 11, Winter 1991

HERBERT HAUSMANINGER is Professor of Law at the University of Vienna, Austria, and the John A. Ewald, Jr. Distinguished Visiting Professor at the University of Virginia School of Law. He has also been a Visiting Professor at Cornell University. He was born in Salzburg in 1936, and received his Doctor of Jurisprudence Degree from the University of Graz in 1959. He is an expert on Roman Law, Soviet Law, and Comparative Law. He is the author of six books and numerous articles, mostly in German. His English language publications include articles in many American law journals. 30 JUDGE A. LEON HIGGINBOTHAM, JR.

THE HONORABLE A. LEON HIGGINBOTHAM, JR. is a Judge on the United States Court of Appeals for the Third Circuit. He attended Purdue University from 1944-1946, and received has B.A. from Antioch College in 1949. He received his LL.B. from Yale Law School in 1952. He was an Assistant District Attorney for Philadelphia County, and then in private practice in Philadelphia, before becoming Special Deputy Attorney General for Pennsylvania, and then a Commissioner of the Federal Trade Commission in Washington. He was appointed to the United States District Court for the Eastern District of Pennsylvania in 1964, and to the Court of Appeals for the Third Circuit in 1977.

PROFESSOR A.E. DICK HOWARD

A.E. DICK HOWARD is the White Burkett Miller Professor of Law and Public Affairs at the University of Virginia. He received his B.A. in 1954 from the University of Richmond, his LL.B. in 1961 from the University of Virginia School of Law, and his M.A. in 1965 from Oxford University. He was a law clerk to Justice Hugo Black of the United States Supreme Court. Professor Howard has also been a Fellow of the Woodrow Wilson International Center for Scholars. He has served as Chair of the Virginia Commission on the Bicentennial of the United States Constitution since 1985. He was the Executive Director of the Virginia Commission on Constitutional Revision, and has served as Counselor to the Governor of the Commonwealth of Virginia. In recent years he has been active in the constitutional reform efforts in Eastern Europe. Professor Howard is the author of many articles and books, including The Road from Runnymede: Magna Carta and Constitutionalism in America (1968), Commentaries on the Constitution of Virginia (1974) (Phi Beta Kappa Prize, 1975), and Church, State, and Politics (with Baker & Derr) (1982). 31

JUDGE NATHANIEL R. JONES

THE HONORABLE NATHANIEL R. JONES was appointed by President Jimmy Carter to the United States Court of Appeals for the Sixth Circuit in 1979. Born in Youngstown, Ohio in 1926, Judge Jones was educated at Youngstown State University, where he received an A.B. in 1951, and LL.B. in 1955. He has been awarded honorary degrees by Youngstown State University and Syracuse University. Judge Jones has been Executive Director of the Fair Employment Practices Commission of Youngstown, an Assistant United States Attorney, the Assistant General Counsel to the National Advisory Commission on Civil Disorders, and General Counsel of the NAACP. 32

JUDGE FRANK ALBERT KAUFMAN

There are certain minimum standards below which today's society cannot sink in its treatment of those of its members who must, for one reason or another, be confined in jails and prisons. Those minimums must be read within the constitutional setting of 1972, not that of 1789.

Collins v. Schoonfield, 344 F. Supp. '157, 264 (D. Md. 1972)

THE HONORABLE FRANK ALBERT KAUFMAN was born in 1916 in Baltimore, Maryland. He received his A.B. from Dartmouth College in 1937, and his LL.B. from Harvard Law School in 1940. He was in private practice from 1945 to 1966, when he was appointed United States District Judge for the District of Maryland. He became Chief Judge in 1981, and Senior Judge in 1986. In World War II, he served with the Psychological Warfare Board, and in the Korean War, he was a consultant to the Psychological Warfare Department of the Army. He has been a Lecturer in Law at the University of Baltimore School of Law and the University of Maryland Law School. He has served in numerous civic and legal leadership positions, including many positions within the American Bar Association (including the Board of Governors), the Judicial Conference of the United States, and the American Judicature Society. He has been active in the American Jewish committee, including its National Executive Board, the Board of the National Conference of Christians and Jews, and the boards of many local hospitals, health agencies, and charitable organizations. 33

JUDGE GEORGE P. KAZEN

The lines drawn in this area are necessarily fine ones. As the Court has frequently observed, an argument can be made that every vehicle travelling on South Texas highways is suspicious. Over the course of time, this Court has heard testimony that law enforcement officers are suspicious of old cars, new cars, small cars, large cars, pickup trucks, sedans, station wagons, and vans. They are suspicious of vehicular travel late at night or early in the morning. They are suspicious of vehicular travel at various shift-change hours. They are suspicious of drivers who avoid eye contact and also of drivers who are overly friendly. In the instant case they were suspicious when the Defendant turned south back to Laredo but undoubtedly would have been equally suspicious had he turned north toward San Antonio. This observation is not a criticism of the agents. They have a difficult, if not overpowering task, and the movement of contraband is pervasive. Unless and until virtually all South Texas traffic is deemed suspicious, this Court must balance the factors in each case, looking for those special articulable facts that can justify a stop under the United States Constitution. United States v. Juan ]. Ramos, Criminal No. L-9-188 (1990)

THE HONORABLE GEORGE P. KAZEN is a United States District Judge for the Southern District of Texas. Prior to his appointment to the Bench, Judge Kazen served as Legal Officer, at the rank of Captain, with the United States Air Force, and was in private practice in Texas. He received his undergraduate degree and his law degree, with honors, from the University of Texas, and was a member of the editorial board of the Texas Law Review. He has held various positions with the Fifth Circuit District Judges Association, including serving as its President from 1986 to 1988, and was the official representative of the Fifth Circuit in testimony before the United States Sentencing Commission on proposed sentencing guidelines in federal criminal cases. 34

JUDGE JOHN F. KEENAN

The right to vote is the very lifeblood of the body politic in a democratic society. The Board of Elections' application of the cover sheet rule in this case needlessly chokes off the free flow of that blood to a substantial part of the body. Such a result is constitutionally intolerable.

Herman D. Farrell, Jr., et al. v. Board of Elections in the City of New York, et al., 85 Civ. 6099 (1985)

THE HONORABLE JOHN F. KEENAN was appointed United States District Judge for the Southern District of New York in 1983. He received a B.A. degree from Manhattan College in 1951 and his LL.B. from Fordham University Law School in 1954. He served as an Assistant District Attorney for New York County from 1956 to 1976; as Administrative Assistant District Attorney (1974); Chief Assistant District Attorney (1974-1976); Special Prosecutor (Deputy Attorney General), Investigation into Corruption in the Criminal Justice System of New York City (1976-1979); Chairman and President, New York City Off-Track Betting Corporation (1979-1982) and Criminal Justice Coordinator, City of New York (1982-1983). He has been a member of the Judicial Conference Advisory Committee on Criminal Rules since 1987. He has received honorary degrees of Doctor of Laws from Manhattan College in 1989 and Mount St. Vincent's College in 1989. Judge Keenan has lectured extensively on law and related subjects, including lectures at the Harvard, Yale, Michigan, Northwestern, Columbia, St. John's, New York University and Fordham law schools. 35

JUDGE DAMON J. KEITH

THE HONORABLE DAMON J. KEITH is Circuit Judge of the United States Court of Appeals for the Sixth Circuit. He has had a distinguished twenty­ four year career on the Federal Bench. Prior to his appointment to the Court of Appeals in 1977, Judge Keith served as United States District Judge for the Eastern District of Michigan, holding the position of Chief Judge from 1975 to 1977. He is Chairman of the Bicentennial of the Constitution Committee for the Sixth Circuit, appointed by Chief Justice Warren E. Burger in 1985, and is National Chairman of the Judicial Conference Committee on the Bicentennial of the Constitution, and a member of the Commission on the Bicentennial of the United States Constitution. Judge Keith received his undergraduate degree from West Virginia State University (formerly West Virginia State College), his law degree from Howard University and his Master of Laws degree from Wayne State University. He holds twenty-four honorary degrees from colleges and universities across the country, as well as numerous other honors. In his capacity of Chairman of the Judicial Conference Committee on the Bicentennial, Judge Keith has been one of the principal persons responsible for the creation and administration of this conference.

JUDGE JACKSON L. KISER

THE HONORABLE JACKSON L. KISER is United States District Judge for the Western District of Virginia. He was appointed to the Federal Bench in 1982 by President Ronald Reagan. He received his B.A. from Concord College in 1951, and his LL.B. in 1952 from Washington and Lee University. He was an Assistant United States Attorney from 1958 to 1961, and in private practice from 1961 to 1982. He is a member of the Order of the Coif. Since 1988 he has been a member of the Space and Facilities Committee of the Fourth Circuit Judicial Conference. He is a member of the Martinsville-Henry County Bar Association, the American College of Trial Lawyers, and the American Bar Association, and is on the Executive Committee of the Virginia Bar Association. 36

PROFESSOR CHARLES H. KOCH, JR.

CHARLES H. KOCH, JR. is the Dudley Warner Woodbridge Professor of Law at the College of William and Mary, Marshall-Wythe School of Law, where he teaches administrative law, federal courts, law and economics, and administration of social programs. Professor Koch received his B.A. from Maryland, his J.D. from George Washington and his LL.M. from Chicago. Prior to joining the William and Mary faculty in 1979, he was a member of the faculty at the DePaul University College of Law and a staff attorney in the Office of General Counsel of the Federal Trade Commission. He is the author of a treatise, Administrative Law and Practice, a coursebook, Administrative Practice and Procedure, and numerous law review articles. He serves as Editor-in-Chief of the Administrative Law Review. 37

PROFESSOR BETSY LEVIN

[T]he cost of less judicial involvement [in the schools] will not only be in diminished protection for. the .rights of students, but also in the value lessons this teaches students . . .. The importance to the educational institution of order and control should not allow constitutional values to be subrogated or parcelled out in niggardly fashion.

"Educating Youth for Citizenship: The Conflict Between Authority and Individual Rights in the Public School," 95 Yale Law Jouma.l 1647, 1680 (1986)

BETSY LEVIN is the Executive Director of the Association of American Law Schools. She is the former Dean of the University of Colorado School of Law and while Executive Director of the AALS, remains a Professor of Law on the Colorado faculty. Prior to becoming Dean at Colorado, she was a Professor of Law at the Duke University School of Law. She has held a number of distinguished legal and public service positions, including General Counsel of the United States Department of Education, a position to which she was appointed by President Jimmy Carter. Professor Levin received her undergraduate degree, magna cum laude, from Bryn Mawr College and her law degree from Yale Law School, where she was an editor of the Yale Law Journal and a member of the Order of the Coif. Upon completing her degree at Yale, Ms. Levin served as law clerk to Judge Simon E. Sobeloff of the United States Court of Appeals for the Fourth Circuit. She is the author of several books, including, Educational Policy and Law: Cases and Materials (McCuthan Publishing Corp., 1982; West Publishing Co., 1992) (co-author of 2d edition and 1984 Supplement), The Courts, Social Science and School Desegregation, (Transaction Books, 1977), and The Courts as Educational Policymakers and Their Impact on Federal Programs, (Rand Report, 1977), as well as many law review articles. 38 MR. ANTHONY LEWIS

With the decision in New York Times v. Sullivan, a sea change began in the law of the First Amendment. The Supreme Court increasingly gave the amendment's bold words their full meaning. For more than a century after the amendment was added to the Constitution in 1791, its guarantees for speech and press had lain dormant. When the state and federal governments adopted repressive legislation during and after World War I, the Supreme Court took a cramped view of freedom, allowing the punishment of pacifist and radical speech. Over the next forty years the Court gradually started to apply the speech and press clauses in a meaningful way, to protect unorthodox or dissenting views. But the justices remained reluctant to include within the protective shelter of the First Amendment expression that shocked or really challenged the existing order. Then, in the years following the Sullivan decision, the Court resoundingly vindicated the promise of the First Amendment that in the United States there shall be "no law ... abridging the freedom of speech, or of the press." Mlllce No lAw: The Sulliv11n use 11nd the First Amendment (1991)

ANTHONY LEWIS, twice a winner of the Pulitzer Prize, is a columnist for The New York Times. Resident in Boston, he travels widely in this country and abroad. He has also covered the Supreme Court for the Times, and been Chief of its London Bureau. Mr. Lewis was born in New York City in 1927. He attended the Horace Mann School in New York and received his B.A. degree from Harvard College in 1948. From 1948 to 1952 he worked for the Sunday Department of The Times. In 1952 he became a general assignment reporter for the Washington Daily News. In 1955 he won his first Pulitzer Prize for national reporting, for a series of articles in the Daily News on the dismissal of a Navy employee as a security risk. The articles led to the employee's reinstatement. Mr. Lewis joined the Washington Bureau of The Times in 1955, to cover the Supreme Court, the Justice Department and other legal subjects. In 1956-57 he was a Nieman Fellow at Harvard, studying law. In the following years he reported on, among other things, the Warren Court and the Federal Government's responses to the civil rights movement. He won his second Pulitzer Prize in 1963 for his coverage of the Supreme Court. He is the author of three books: Gideon's Trumpet, about a landmark Supreme Court case, Portrait of a Decade, about the great changes in American race relations. His newly released book, Make No Lilw: The Sullivan Case and the First Amendment (Random House, 1991), is about the landmark 1964 First Amendment libel decision New York Times Co. v. Sullivan. Mr. Lewis was for fifteen years a Lecturer on Law at the Harvard Law School, teaching a course on The Constitution and The Press. He has taught at a number of other universities as a visitor, among them the Universities of California, Illinois, Oregon and Arizona. Since 1983 he has held the James Madison Visiting Professorship at Columbia University. He has received a number of honorary degrees. In 1983 he was the Elijah Parish Lovejoy Fellow at Colby College. In 1987 he delivered the John Foster Memorial lecture at University College, London. 39

JUDGE JAMES B. LOKEN

THE HONORABLE JAMES B. LOKEN was born in 1940 in Madison, Wisconsin. He received his B.S. from the University of Wisconsin in 1962, and his LL.B. (magna cum laude) from Harvard Law School in 1965, where he was Editor of the Harvard Law Review. He served as law clerk to Chief Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit, and then to Justice Byron R. White of the United States Supreme Court. Judge Loken was General Counsel to the President's Committee on _Consumer Interests, and Staff Assistant to the President from 1970 to 1972. He was in private practice from 1973 to 1991, when he was appointed to the United States Court of Appeals for the Eighth Circuit.

MR. MYLES V. LYNK

MYLES V. LYNK is a partner in the Washington, D.C. office of the law firm of Dewey Ballantine. He is a member of the Judicial Conference of the District of Columbia Circuit and of the Civil Justice Reform Act of 1990 Advisory Committee of the United States District Court for the District of Columbia, and is Chair of the Committee on ProSe Litigation of the United States District Court for the District of Columbia. He is a Fellow of the American Bar Foundation and a member of the Steering Committee of the District of Columbia Bar's Section on Administrative Law and Agency Practice. Mr. Lynk served as a law clerk to Judge Damon J. Keith of the United States Court of Appeals for the Sixth Circuit, as Special Assistant to Secretary of H.E.W. Joseph A. Califano, Jr., and as Assistant Director of the White House Domestic Policy Staff under President Jimmy Carter. He was a Visiting Professor of Law at the National Law Center at George Washington University during the 1990-91 academic year, where he taught civil procedure and administrative law. He is a 1976 graduate of Harvard Law School and a 1971 graduate of Harvard College. 40

PROFESSOR LINDA A. MALONE

International environmental law seems destined to follow the same path of development as environmental law in this country. . . . The Exxon Valdez oil spill, the Chemobyl accident, and the destruction at Bhopal, to name only a few recent environmental tragedies, should serve as striking reminders that technology cannot regulate itself or be addressed adequately within the parameters of domestic legislation. Land use is indeed one of the areas, like medicine and technology, in which innovation has rendered many legal precepts inadequate or obsolete. There is a need for greater flexibility in taking jurisprudence . . . .

Environment4zl ReguWicm of Ltmd Use (1990)

LINDA A. MALONE is a Professor of Law at the College of William and Mary, Marshall-Wythe School of Law. She is Director of the law school's Graduate Program in the American Legal System. Professor Malone received her B.A. from Vassar and her J.D. from Duke, where she was Research and Managing Editor of the Duke Law Journal. Prior to joining the William and Mary faculty in 1988, she served as a law clerk to Judge Wilbur F. Pell of the United States Court of Appeals for the Seventh Circuit, and practiced law in Chicago and Atlanta. She has taught at Arkansas and has been a Visiting Professor at Arizona and Denver. She is the author of numerous publications, including a treatise, Environmental Regulation of Land Use. She is also the Associate Editor of the Yearbook of International Environmental Law and a member of the Executive Committee of the Agricultural Law Section of the Association of American Law Schools. 41

DR. MAEVA MARCUS

[T]he Revolutionary generation, in wrestling with the problem of rights, did not concern itself primarily with stating, with absolute textual precision, the rights that Americans believed would best protect their liberty. Rather, the founding generation struggled with the larger question of what kind of government would facilitate the enjoyment of the rights the American people knew they possessed.

Speech to 1991 Conference of the Sixth Judicial Circuit of the United States

MAEV A MARCUS is the Editor of the Documentary History of the Supreme Court of the United States (the period 1789-1800), a position she has held since 1977. Dr. Marcus received her B.A., magna cum laude, from Brandeis University and her Ph.D., with distinction, from Columbia University. She is the author of many books, including Truman and the Steel Seizure Case: the Limits on Presidential Power (Columbia University Press, 1977; paperback, 1979), which was nominated for the Bancroft Prize, the Pulitzer Prize, the Frederick Jackson Turner Award, the Albert J. Beveridge Prize, and the David D. Lloyd Prize, and The Documentary History of the Supreme Court of the United States 1789-1800, Volume 1, (co-edited) (Columbia University Press, 1985); Volume 2 (1988); Volume 3 (1990). Her forthcoming publications include Judicial Biography of Louis D. Brandeis (G.K. Hall-Twayne), "Judicial Review in the Early Republic", in Launching the "Extended Republic": The Federalist Era, (Ron Hoffman, ed., University of Virginia Press), and "Brandeis and the Laboratories of Democracy", in Federalism and the Judicial Mind (Harry Scheiber, ed., University of California Berkeley). 42

PROFESSOR PAUL MARCUS

The traditional premise for convicting a defendant of both conspiracy and the completed or attempted crime is that the agreement to commit the crime, in and of itself, is a significant danger to society. Society, however, should not fear the agreement per se, but rather the likelihood that a completed or attempted crime will result. If the group has attempted or completed the crime that is the object of the conspiracy, the basis for prosecution and punishment for the agreement is destroyed because society can punish the conspirators for the attempted or completed crime.

·conspiracy: The Criminal Agreement in Theory and in Practice,·· 65 Georgetown uw Rnriew 925, 937 (1977)

PAUL MARCUS is a Professor of Law, and the former Dean, of the University Arizona Law School. This year he is the Visiting Haynes Professor of Law at the College of William and Mary, Marshall-Wythe School of Law. Professor Marcus received his A.B. and J.D. from UCLA, where he was Articles Editor of the UCLA Law Review. Prior to joining the faculty of the University of Arizona College of Law in 1983, he taught at the University of lllinois College of Law, and practiced law in Los Angeles. Professor Marcus is the author of numerous books, including Criminal Procedure: Cases and Materials (with Cook) (Matthew Bender & Co., 2d ed. 1988); The Prosecution and Defense of Conspiracy Cases (Matthew Bender & Co. 1978, revised 1985, 1989); Copyright and Other Aspects of Law Pertaining to Literary, Musical and Artistic Works (with D. Meyers and D. Nimmer) (Matthew Bender & Co., 1990); and The Law of Entrapment (Michie & Co., 1989). Professor Marcus is a member of the Order of the Coif, was the United States Reporter to the 10th, 11th, and 12th Congresses of the International Academy of Comparative Law, and is the Reporter for the Federal Judicial Conference Committee on Jury Instructions in Criminal Cases. 43

JUDGE STANLEY MARCUS

THE HONORABLE STANLEY MARCUS has been a United States District Judge for the Southern District of Florida since 1985. He graduated Magna Cum Laude from Queens College, City University of New York, in 1976, and from the Harvard Law School in 1971. He served as law clerk to Judge John R. Bartels, of the United States District Court for the Eastern District of New York. Judge Marcus worked in private law practice, served as an Assistant United States Attorney in New York, and in 1978 joined the Justice Department's Organized Crime Strike Force in Detroit as Deputy Chief. He is a member of the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States.

DIRECTOR-GENERAL JAN MARTENSON

JAN MARTENSON holds two distinguished positions with the United Nations. He is Director-General of the United Nations Office in Geneva, Switzerland. He serves concurrently as the Under-Secretary-General Human Rights, heading the United Nations Centre for Human Rights. He is also Co-ordinator of the United Nations Second Decade Against Racism and Racial Discrimination, and serves as a board member on numerous human rights institutions. Mr. Martenson joined the United Nations in 1979 as Assistant-Secretary-General of the Centre for Disarmament Affairs. He was Secretary-General of the International Conference on the Relationship Between Disarmament and Development, and Chairman of the United Nations Appointments and Promotions Board. Mr. Martenson is a Swedish diplomat, and law graduate of the University of Uppsala. He was Chef de Cabinet of the King of Sweden from 1975 to 1979. He headed the Information Department of the Ministry for Foreign Affairs of Sweden from 1973 to 1975. Mr. Martenson served as Deputy Director of the Stockholm International Peace Research Institute during 1968 and 1969, and prior to that, held numerous posts with the Foreign Ministry in Stockholm and in Swedish diplomatic missions abroad. He is the author of over twenty-six books. He was recently appointed by Secretary-General Javier Perez de Cuellar to be Secretary-General of the 1993 United Nations World Conference on Human Rights. 44

MS. ANN D. MAYHEW

ANN D. MAYHEW received her B.A. in American Government from the University of Virginia in 1984. She received her J.D. from the College of William and Mary, Marshall-Wythe School of Law in 1991. Ms. Mayhew is currently serving as the law clerk to Justice Barbara M. Keenan, of the Supreme Court of Virginia. She previously worked in summer positions for Senator Lawton Chiles on the National Commission to Prevent Infant Mortality, and with the United States Consumer Product Safety Commission. Ms. Mayhew was a member of the Winning Team in the 1991 National Moot Court Competition, and was Best Oral Advocate in the Region IV Tournament in that Competition. 45

MS. ROSLYN A. MAZER

With economies faltering and citizens weary and restless, the evolution of a free press in the emerging democracies of Europe will require decades of nurturing and sustained assistance from the public and private sectors of sister democracies. . . . The American model of a free and adversarial press remains the most radical model in the world. Now that many of us have taken the fashionable tour of the spectacular capitals in central and Eastern Europe, the hard work of providing sustained assistance and advice to our counterparts remains. If America wishes to see a faithful variant of its First Amendment example flourish in that region, it had better be a player.

"The Uncertain Road to a Free Press in Emerging European Democracies," Quill (Fall 1991)

ROSLYN A. MAZER is a partner in the law firm of Dickstein, Shapiro & Morin in Washington, D.C., where she specializes in trial and appellate litigation in complex civil and criminal cases, First Amendment law, and the representation of targets and witnesses in grand jury and related proceedings. Some of her more significant cases include: Masson v. The New Yorker Magazine, Inc., et al., in which she was counsel to amici curiae including The Time Inc. Magazine Company, American Society of Newspaper Editors, and National Association of Broadcasters; Hustler Magazine, Inc. v. Falwell, in which she was counsel to amici curiae Association of American Editorial Cartoonists, The Authors of America, and Mark Russell; and Rushford v. The New Yorker Magazine, Inc., in which she represented defendant-appellee The New Yorker Magazine in a libel suit arising from an article on the Westmoreland and Sharon libel trials. Ms. Mazer received her B.A., magna cum laude, from Syracuse University and her J.D. from the Columbus School of Law of Catholic University, where she was an editor of the Catholic University Law Review. She is a member of the Committee on the Revision of the Czechoslovak Constitution and of the Advisory Board of the Institute of Bill of Rights Law of the College of William and Mary. 46

JUDGE DAVID A. MAZZONE

THE HONORABLE DAVID A. MAZZONE received his B.A. from Harvard in 1950, and his J.D. from DePaul University in 1957. He practiced law in Massachusetts before his appointment to the position of Associate Justice of the Trial Court of Massachusetts Superior Court Department in 1975. In 1978 he was appointed by President Jimmy Carter to the United States District Court for the District of Massachusetts. He has been an Instructor for the New England School of law, the Suffolk University law School, Boston College Law School, and the Institute of Politics of the John F. Kennedy School of Government at Harvard University. Among his many professional positions, he is on the Board of Directors of the Federal Judicial Center, and is a member of the American law Institute. 47

JUDGE ROBERT R. MERHIGE, JR.

While frequently the political process affords relief to minorities, it is generally relief for those matters which are felt to be inoffensive to the majority. For the political process contemplates that the constituency of the legislative branch of our government is the majority. We are an emotional people; we are a trusting people; and, I fear not infrequently, a naive people, who come to conclusions from a headline or a rumor. We, as a people, are in the midst of many complex and emotional issues which have given rise to the headlines and the rumors to which I have just referred. While such factors may unfortunately, and all too frequently, plant the seeds of hate under the sanctity of law, there is a specific obligation on those of us trained in law to be alert to such situations and to take affirmative action to assist and protect the innocent victims of any such pernicious plantings. It will take patience; it will take courage and undying belief in our system to convince many of our citizens that courts are devoid of a constituency. One's right to life, liberty and property, to free speech, freedom of worship and assembly and other fundamental rights including the right of all people to be equal before the law is not dependent either upon a headline, a rumor or a referendum. Stand firm in the belief that the rights accorded by our Constitution are not mere platitudes. They were by our founders deliberately withdrawn from the vicissitudes of political controversy. Soon, very soon my friends, equality will be a fact, and thank God. Speech to National Bar Association, Miami, Florida, August 3, 1972

THE HONORABLE ROBERT R. MERHIGE, JR. was born in 1919 in New York City. He graduated from High Point College in North Carolina, where he was President of the Class, a member of the football and basketball teams, and Sports Editor of the college paper. He received his law degree from the T.C. Williams School of Law of the University of Richmond. He received an LLM. in Judicial Process form the University of Virginia in 1982, and holds honorary Doctor of Laws degrees from the University of Richmond and Washington and Lee University. Judge Merhige practiced law in Richmond until 1967, when he was appointed United States District Judge for the Eastern District of Virginia. He has been a Visiting Professor at the University of Virginia, where he was the John A. Ewald Distinguished Visiting Professor, and at the University of Richmond. He has delivered lectures at many American law schools, including Yale, Washington and Lee, and William and Mary. He has been a frequent lecturer and seminar leader at the Federal Judicial Center. Judge Merhige is the recipient of many civic and professional awards and honors, including the Distinguished Service Award of the Virginia Trial Lawyer's Association, the American Judicature Society's Herbert T. Harley Award, the Richmond Urban League Citizen of the Year Award, the Torch of Liberty Award of the Antidefamation League B'nai B'rith Award, the William J. Brennan Award, and the Marshall-Wythe Medallion of the College of William and Mary. 48

JUDGE GILBERT S. MERRITI

The order of the court below requires city officials to express publicly an attitude of repentance for their old racial attitudes and to say that they have changed those beliefs ~ It is a violation· of the first amendment for a federal court or other governmental entity to order anyone to express and print in the newspaper a particular racial attitude, political belief or social philosophy, however much most of us may agree with the viewpoint to be expressed .... The claims of liberty of conscience, thought and speech are given precedence in the Constitution over the claims of equality of opportunity and where the two conflict, as here, the claims of liberty must be satisfied first. The freedom that exists in this country to state beliefs different from those of the prevailing majority gave birth to the civil rights movement. That movement cannot last long if, in the name of equality, it undermines the conditions of liberty which sustain it by requiring others to publish statements agreeing with its position.

UnittJI Suues v. City Oj Part1Ul, Ohio, 661 F.2d 562, 579 (6th Cir. 1981) (Merritt, J. dissenting)

THE HONORABLE GILBERT S. MERRIIT was appointed by President Jimmy Carter to the United States Court of Appeals for the Sixth Circuit in 1977. He became Chief Judge in 1989. Judge Merritt was born in 1936 in Nashville. He received his B.A. from Yale in 1957, and LL.B. from Vanderbilt in 1960. He was Order of the Coif, and Managing Editor of the Vanderbilt Law Review. He received an LL.M. from Harvard in 1962. He was the United States Attorney for the Middle District of Tennessee from 1966 to 1969. He also held positions as Assistant Dean and Associate Professor at the Vanderbilt Law School, and worked in private practice in Nashville. He is the author of numerous law review articles, including articles in the Yale, Tennessee, Vanderbilt, and Ohio State law reviews. 49

PROFESSOR MARTHA L. MINOW

Interpreting rights as features of relationships, contingent upon renegotiations within a community committed to this mode of solving problems, pins law not on some force beyond human control but on human responsibility for the patterns of relationships promoted or hindered by this process. In this way the notion of rights as tools in continuing, communal discourse helps to locate responsibility in human beings for legal action and inaction.

Making all the Difference: Inclusion, Exclusion, and Ameriazn LAw, 309 (1990)

MARTHA L. MINOW is a Professor of Law at Harvard Law School, where she has taught civil procedure, family law, legal profession, and jurisprudence. She is the author of the recent book Making All the Difference: Inclusion, Exclusion, and American Law (Cornell University Press, 1990), and numerous articles in scholarly and popular publications. She serves on the faculty of the "Doing Justice" program at Brandeis University, which introduces judges to great works of literature as material for reflecting on the tasks of judging. She serves on the Board of the American Bar Foundation, the W.T. Grant Foundation, the Mental Health Law Project, the Covenant Foundation, and the Family Center of Somerville, Massachusetts. This year she is also a Senior Fellow in the Harvard University Program on Ethics and the Professions. Before entering teaching, Professor Minow was a law clerk for Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, and Justice Thurgood Marshall of the United States Supreme Court. She received her A.B. from the University of Michigan, her Ed.M. from Harvard, and her J.D. from Yale. 50

JUDGE DIANA E. MURPHY

[The Bill of Rights] is the foundation of many of the important principles which have allowed our ordered society to develop and the foundation of the freedoms that we have.

"Women and the Constitution: Introductory Remarks." 6 LAw and l~wlity 1 (May 1988)

THE HONORABLE DIANA E. MURPHY is a United States District Judge for the District of Minnesota. She was appointed by President Jimmy Carter in 1980, the first woman to sit on the Federal Bench in Minnesota. (The first federal judge to sit on the Federal Bench in Minnesota was appointed in 1858.) Prior to being appointed to the Federal Bench, Judge Murphy served on the Minnesota District Court, and was in private practice in Minneapolis. She earned her B.A., magna cum laude, and her J.D., magna cum laude, from the University of Minnesota. She did graduate work in history at the Johannes Gutenburg University in Mainz, Germany, and at the University of Minnesota. Her academic honors include Phi Beta Kappa, Order of the Coif, and membership on the editorial board of the Minnesota Law Review. Judge Murphy is the Immediate Past President of the Federal Judges Association, and Chairman of the Board of the American Judicature Society. She is a member of the Board of the Federal Judicial Center, a member of the American Law Institute, and a member of the National Association of Women Judges. She is a Fellow of the American Bar Foundation, frequently lectures at law schools, and teaches at the Attorney General's Advocacy Institute in the Department of Justice. Judge Murphy is active in a wide variety of community and service activities, including Chairman of the Board of Twin Cities Public Television, Inc., and the Boards of the Bush Foundation, the United Way of Minneapolis, the Science Museum of Minnesota, St. John's University, the University of Minnesota Foundation, and the University of St. Thomas. 51

JUDGE ROBERT CHARLES MURPHY

THE HONORABLE ROBERT CHARLES MURPHY is Chief Judge of the Court of Appeals of Maryland. He is a Member of the Judicial Conference Committee on the Bicentennial. Judge Murphy was born in Baltimore in 1926. He received his J.D. from the University of Maryland in 1951. He was law clerk to Judge William P. Cole, Jr., of the United States Court of Customs and Patent Appeals. He has held numerous government and professional positions, including General Counsel to the University of Maryland, and various positions within the Office of the Maryland Attorney General. Among his many positions on civic organizations and boards, he was Chairman of the National Center for State Courts in 1986-1987. 52

PROFESSOR WALTER F. MURPHY

A constitution can-and the U.S. Constitution does-perform functions other than to establish governmental processes. Among those functions in the American case is to set out the nation's goals, to specify the kind of people we are and want to become. A constitution may include more than the document so labelled. And the 'American Constitution' includes, at least, the second paragraph of the Declaration of Independence and democratic and constitutional theory. These sources deeply entrench individual liberty and thus a zone of privacy in the 'constitution.' Moreover, there are limits to changes that a system can effect through amendment under this or any other 'real' constitution. A change so fundamental as to destroy a central value of the 'constitution' would be radical in the true sense of the word, going to the root of the nation's reason for being. Such a change would make the United States a different nation, its people a different people.

"The Right to Privacy and Legitimate Constitutional Change," in The Constitutional Bases of Soc:iQl and PolitiaJl CJumge in the United Stlltes (Shlomo Slonim, ed.) (1990)

WALTER F. MURPHY is the McCormick Professor of Jurisprudence at Princeton University. He received his A.B. from the University of Notre Dame, his A.M. from George Washington University, and his Ph.D. from the University of Chicago. Mr. Murphy is a prolific writer, with the rare ability to excel as an academic writer and as a writer of literature. His works include the widely acclaimed novel, The Vicar of Christ (Macmillan, 1979), which has been translated into French, German, Italian, and Spanish, and for which he won the Chicago Foundation for Literature Award, Congress and the Court (University of Chicago, 1962), for which he won the Merriam-Cobb­ Hughes Award of the American Academy of Public Affairs, and the novel Upon This Rock: The Life of St. Peter (Macmillan, 1987). Among his many honors, Mr. Murphy has twice been the recipient of Fulbright Awards and holds an honorary degree from the College of Charleston. 53

MR. STEVEN N. NACHMAN

STEVEN N. NACHMAN graduated from Cornell University in 1984, with a B.A. in History. He was Reporter and Copy Editor of the Cornell Daily Sun, and also worked as a stand-up comedian. He received his J.D. from the College of William and Mary, Marshall-Wythe School of Law in 1991. He is currently an Assistant District Attorney, for Special Narcotics, with the Manhattan District Attorney's Office in New York. He had previously worked as a Legislative Assistant to Congressman Les Aspin, and a Legislative Correspondent to Senator Howard Metzenbaum. He served as a summer intern to United States District Judge Alfred M. Wolin. Mr. Nachman was a member of the Winning Team in the 1991 National Moot Court Competition.

JUDGE HELEN W. NIES

THE HONORABLE HELEN W. NIES is the Chief Judge of the United States Court of Appeals for the Federal Circuit. She was appointed to the United States Court of Customs and Patent Appeals in 1980, and to the Federal Circuit upon its establishment in 1982. Chief Judge Nies was born in Birmingham, Alabama, and attended the University of Michigan and the University of Michigan Law School. She is a member of Phi Beta Kappa, Phi Kappa Phi, and the Order of the Coif. She was chosen to receive the Woman Lawyer of the Year Award in 1980 by the Women's Bar Association of the District of Columbia, and in 1988 received the University of Michigan Athena Award, given each year to outstanding alumna. In 1991, she was awarded the Jefferson Medal by the New Jersey Patent Law Association. Chief Judge Nies began her career in government service, and then took a nine-year retirement to raise a family. She then entered private practice until her appointment to the Bench. While in private practice, she held numerous positions in the field of intellectual property law, including positions of Chairman of the Trademark Division of the Patent, Trademark, and Copyright Law Section of the ABA, membership on the Board of Directors of the American Patent Law Association, and Chairman of the National Coordinating Committee for trademarks. She is an advisor to the American Law Institute drafting the new Restatement of the Law of Unfair Competition. Chief Judge Nies served on the Committee of Visitors of the University of Michigan Law School, and various positions in the Women's Bar Association of the District of Columbia. She is a member of the Judicial Conference Committee on the Bicentennial of the Constitution. 54

JUDGEJAMESE.NOLAND

THE HONORABLE JAMES E. NOLAND was appointed by President Lyndon B. Johnson to the United States District Court for the Southern District of Indiana in 1966. Judge Noland received his A.B. from Indiana University in 1942, an M.B.A. from Harvard in 1943, and his LL.B. from Indiana in 1948. Judge Noland was a Captain in the United States Army Transportation Corps from 1943-1946. He was a member of the United States Congress from 1949 to 1951, and Deputy Attorney General of Indiana in 1952. After his appointment to the Bench, he was active in judicial administrative matters, including Chairman of the 1981-82 National Conference of Federal Trial Judges. He has been a member of the Judicial Conference Committee on the Bicentennial of the United States Constitution since 1985.

PROFESSOR JOHN E. NOWAK

JOHN E. NOWAK is Professor of Law at the University of lllinois. He graduated from Marquette University and the University of Illinois College of Law, where he served as Editor-in-Chief of the law review. After clerking for Justice Walter Schaefer of the lllinois Supreme Court, he joined the lllinois faculty in 1972. Professor Nowak is the author or coauthor of a score of articles and several books on constitutional law topics, including a multivolume constitutional law treatise and a constitutional law "hornbook" that are published by West Publishing. He has served as the chairperson of the Association of American Law Schools Section on Constitutional Law and as a member of the AALS Accreditation Committee. Professor Nowak has presented lectures at numerous law schools and Federal Judicial Center programs. In the Spring of 1992, he will be the Lee Distinguished Professor at the Marshall-Wythe School of Law. 55

PROFESSOR ROBERT M. O'NEIL

ROBERT M. O'NEIL became founding Director of the Thomas Jefferson Center for the Protection of Free Expression in August, 1990, after serving five years as President of the University of Virginia. He continues as a member of the University's law faculty, teaching courses in constitutional and commercial law, and as University Professor. A native of Boston, Mr. O'Neil holds three degrees from Harvard and honorary degrees from Beloit College and Indiana University. After serving as law clerk to Supreme Court Justice William J. Brennan, Jr., Mr. O'Neil began his teaching career in 1963 at the University of California at Berkeley, where he also chaired the Academic Senate Committee on Academic Freedom. His administrative career began as Provost of the University of Cincinnati in the early 1970s. He later served as Vice President of the Indiana University for the Bloomington Campus, and then as President of the statewide University of Wisconsin before coming to Virginia. He taught law at each institution. During 1990 he served as chairman of the National Association of State Universities and Land-Grant Colleges, and this year chairs the search committee seeking a new president for the Association. He also served on the Executive Committee of the Association of American Universities. He continues as a trustee or director of the Carnegie Foundation for the Advancement of Teaching, the Educational Testing Service, the Commonwealth Fund, the Johnson Foundation and the James River Corporation. In addition, Mr. O'Neil recently chaired a Commission on the future of Virginia's Judicial System, and a Commission of the Markle Foundation on Media Coverage of Presidential Elections. He recently assumed the chair of the Editorial Board of Courts, Health Science and Law. He is the author of several books, including Free Speech: Responsible Communication Under Law (1972), The Rights of Public Employees (1978), and Classrooms in the Crossfire (1981), as well as many articles in law reviews and other journals. 56

JUDGE JAIME PIERAS, JR.

THE HONORABLE JAIME PIERAS, JR. received his B.A. from Catholic University of America in 1945, and his J.D. from Georgetown in 1948. He was a Lieutenant in the United States Army from 1950 to 1955. He practiced law in San Juan, Puerto Rico from 1949 to 1982, when he was appointed by President Ronald Reagan to the United States District Court for the District of Puerto Rico. He is the author of several law review articles, and a member of the District of Columbia, the Puerto Rico, and the American Bar Associations. He was on the Executive Committee of the ABA Judicial Administration Division in 1987. He is a Member of the Judicial Conference Committee on the Bicentennial of the Constitution.

JUDGE HENRY A. POLITZ

THE HONORABLE HENRY A. POLITZ is a native of Napoleonville, Louisiana. He received his B.A. from Louisiana State University in 1958, and his J.D. from the Louisiana State University Law School in 1959. He was selected "Outstanding Law Graduate of 1958-59" by members of his class, was Order of the Coif and was on the Law Review editorial staff. He was named Outstanding Young Lawyer in Louisiana in 1971. Judge Politz practiced law in Shreveport, from 1959 until 1979, when he was appointed a Judge of the United States Court of Appeals for the Fifth Circuit. His professional offices and recognitions include: President of the Louisiana Trial Lawyers Association; President of the Shreveport Bar Association, member and chairman of the Professional Responsibility Committee of the Louisiana Supreme Court; member of the House of Delegates and Board of Governors of the Louisiana State Bar Association; member of the Louisiana Judiciary Commission; Assistant Bar Examiner for the Louisiana Supreme Court; and member and chairman of the Shreveport Airport Authority. He has been a visiting professor at the Louisiana State University Law Center, and a lecturer on Medico-Legal topics at the LSU Medical School. He is a member of the Committee on Codes of Conduct of the Judicial Conference of the United States. 57

JUSTICE LEWIS F. POWELL, JR.

We begin with the common ground. Under the First Amendment there is no such thing as a false idea. However pernicious an opinion may seem, we depend for its correction not on the conscience of judges and juries but on the competition of other ideas.

Gertz v. Robert Welch, Inc., 418 U.S. 323, 339-40 (1974)

THE HONORABLE LEWIS F. POWELL, JR. is Associate Justice of the Supreme Court of the United States (retired). He was born in 1907 in Suffolk, Virginia. He received his B.S., magna cum laude, and Phi Beta Kappa from Washington and Lee University in 1929, and his LL.B. from Harvard Law School in 1932. Justice Powell entered private practice in Richmond, and held a variety of distinguished professional and civic positions. He was General Counsel to the Colonial Williamsburg Foundation, was appointed by President Lyndon Johnson to the National Commission on Law Enforcement and Administration of Justice, was a member of the National Advisory Committee on Legal Services to the Poor, was appointed by President Richard Nixon to the Blue Ribbon Defense Panel, was President of the Virginia State Board of Education, Chairman of the Richmond Public School Board, and Chairman of the Special Commission which wrote the charter introducing the manager form of government to Richmond. He was a member of the Virginia Constitutional Revision Commission, and Chairman of the Board of Trustees of the Colonial Williamsburg Foundation. At various times he was President of the American College of Trial Lawyers, President of the American Bar Foundation, and President of the American Bar Association. He was nominated by President Richard Nixon to the position of Associate Justice of the United States Supreme Court in 1971. After an exemplary tenure on the Court, he retired in 1987. Justice Powell continues to hear cases with the United States Court of Appeals for the Fourth Circuit. 58

JUDGE ROBERT B. PROPST

This court is not insensitive to claimed deprivations of constitutional rights. However, this court is likewise sensitive to claims brought under the guise of constitutional deprivations which are, in reality, premised on a non-constitutional basis.... Such claims tend to dilute public regard for even legitimate claims. Perversions of the Constitution, like violations of the Constitution, should not be tolerated.

Renfroe v. Kirkpatrick, 549 F. Supp. 1368, 1370-71

THE HONORABLE ROBERT B. PROPST was born in 1931 in Ohatchee, Alabama. He graduated from the University of Alabama School of Commerce in 195 with a B.S. degree. From 1953 until 1955, he was an officer in the United States Army Finance Corps. He is a 1957 graduate of the University of Alabama School of Law. From 1957 until 1980, he practiced general law in Anniston, Alabama. On May 30, 1980, he was appointed a United States District Judge. 59

JUDGE KENNETH F. RIPPLE

THE HONORABLE KENNETH F. RIPPLE is Circuit Judge of the United States Court of Appeals for the Seventh Circuit, and Professor of Law at the University of Notre Dame. His distinguished legal career has also included positions as Special Assistant to the Chief Justice of the United States and Legal Officer of the Supreme Court of the United States. Judge Ripple received his A.B., summa cum laude, from Fordham University, his J.D. from the University of Virginia, and his LL.M., summa cum laude, from George Washington University. He is Chair of the Advisory Committee on the Federal Appellate Rules, and a member of the Advisory Committee on the Bill of Rights of the Commission on the Bicentennial of the Constitution.

JUDGE AUBREY E. ROBINSON, JR.

THE HONORABLE AUBREY E. ROBINSON, JR. was born in Madison, New Jersey in 1922. He received his B.A. from Cornell University in 1943, and his LL.B. from Cornell Law School in 1947. He served in the United States Army from 1943 to 1946. He engaged in private practice until 1965, when he was appointed Associate Judge of the Juvenile Court of the District of Columbia. He was appointed by President Lyndon B. Johnson in 1966 to the United States District Court for the District of Columbia. He has served on the Board of Directors of the Federal Judicial Center, the Cornell University Board of Trustees, the Judicial Conference of the United States, and as Chairman of the National Conference of Federal Trial Judges. His numerous charitable offices include membership on the Board of Directors of the Family Service Association of America, the Family Child Services of Washington D.C., the Washington Action For Youth, the District of Columbia Public Welfare Advisory Council, the Eugene and Agnes E. Meyer Foundation, and the Consortium of Universities of the Washington Metropolitan Area. 60

JUDGE WILLIAM W SCHWARZER

THE HONORABLE WILLIAM W SCHWARZER is the Director of the Federal Judicial Center, and United States District Judge for the Northern District of California. Born in Germany in 1925, he was educated at the University of Southern Califo;:-nia, where he received his A.B., cum laude, in 1948, and at Harvard, where he received his LL.B., cum laude, in 1951. He was a Teaching Fellow at the Harvard Law School from 1951 to 1953, and then began legal practice in San Francisco. He was appointed to the Federal Bench by President Gerald Ford in 1976. He is the author of Managing Antitrust and other Complex Litigation (Michie 1982) and Civil Discovery (Prentice-Hall 1988). Among his many professional offices, he has been a Judicial Fellow of the American College of Trial Lawyers, and Chairman of the Federal-State Jurisdiction Committee of the Judicial Conference of the United States.

,_ - 61

JUDGE COLLINS J. SEITZ

The process of judicial review in America developed from the fear that democracy alone would not deal with all individuals equitably and from the decision that democracy was valued no more deeply than liberty.

Speech delivered at the Australian National University, Canberra, Australia

THE HONORABLE COLLINS J. SEITZ was born in Wilmington, Delaware. He graduated from the University of Delaware and the University of Virginia Law School. He was admitted to the Delaware Bar in 1940 and later to the bar of various federal courts, including the United States Supreme Court. He practiced law in Wilmington until he was appointed Vice-Chancellor of the Court of Chancery in 1946. In 1951, he was appointed Chancellor of the State of Delaware. He also served for a time on the Supreme Court of Delaware. Judge Seitz served as Chancellor of the State of Delaware until July of 1966 when he took the oath as a United States Circuit Judge for the United States Court of Appeals for the Third Circuit. He served as Chief Judge of the United States Court of Appeals from 1971 to 1984, and continued to serve as an active judge until 1989 when he took senior status. 62

DIRECTOR WILLIAM STEELE SESSIONS

THE HONORABLE WILLIAM STEELE SESSIONS is the Director of the Federal Bureau of Investigation. Prior to that, he was a United States District Judge for the Western District of Texas, serving as Chief Judge from 1984 to 1987, when he became Director of the FBI. Judge Sessions was born in Fort Smith, Arkansas, and received his B.A. from Baylor University in 1956 and his J.D. from Baylor in 1958. He was in private practice, in the Criminal Division of the Justice Department, and then United States Attorney for the Western District of Texas, before his appointment to the Federal Bench in 1974. 63

PROFESSOR RODNEY A. SMOLLA

Even a nation as committed to freedom of speech as the United States will often be sorely tempted to let paranoia triumph over liberty, treating speech from other nations as contraband, like drugs or smuggled goods. But in the end, the towering hopes of the world for a new century of pluralistic tolerance and peace must be wagered on the faith that the free flow of information across international borders avoids more wars than it causes, averts more terrorism than it feeds, uncovers more violations of human rights than it incites. The international marketplace of ideas is not a myth; it is inevitable. The global electronic village is not a dream, it is here. There is no better way to advance the progress of science, social justice, and culture, no better way to conquer hunger and disease, no better check on tyranny and exploitation, no better nourishment for the art, music, poetry that stir the human spirit, than a world collective committed to open cultures and freedom of speech. Free Speech in an Open Society (1992)

RODNEY A. SMOLLA is the Arthur B. Hanson Professor of Law, and the Director of the Institute of Bill of Rights Law, at the College of William and Mary, Marshall­ Wythe School of Law. He has been the principal William and Mary official responsible for the administration of this Conference, including the design of the format and substance of the program sessions. He received his B.A. from Yale in 1975, where he majored in American Studies, and his J.D. from Duke in 1978, where he graduated first in his class, and was Note and Comment Editor of the Duke Law Journal. After law school he clerked for Judge Charles Clark of the United States Court of Appeals for the Fifth Circuit, and practiced in Chicago. He was appointed by former Chief Justice Warren Burger in 1989 to the position of Reporter to the Bill of Rights Advisory Committee to the Commission on the Bicentennial of the United States Constitution. He is a Senior Fellow of the Annenberg Washington Program in Communications Policy Studies of Northwestern University. He is currently the American Bar Association Delegate to the Uniform Commissioners on State Laws Committee on Drafting a Defamation Act, and is the past Chairman of the Association of American Law Schools Section on Mass Communications Law, and current Chairman of the Section on Defamation and Privacy. He is the author of five books, primarily on First Amendment issues. Suing the Press: Libel, the Medin, & Power (Oxford University Press 1986) received the ABA Gavel Award Certificate of Merit. He is the author of a legal treatise, Law of Defamation (Clark, Boardman Pub. Co. 1986), and of Jerry Falwell v. Larry Flynt: The First Amendment on Trinl, (St. Martin's Press 1988). He is the coauthor of a law school casebook, Constitutional Law: Structure and Rights in Our Federal System (with Braveman and Banks) (Matthew Bender & Co., 1991), and his most recent book, Free Speech in an Open Society will be published in Spring, 1992 by Alfred A. Knopf. 64

JUDGE ALICEMARIE H. STOTLER

THE HONORABLE ALICEMARIE STOTLER received her B.A. from the University of Southern California in 1964, and her J.D. from the University of Southern California in 1967. She was the first full-time woman Deputy District Attorney hired in Orange County, California. She worked in private practice, and was appointed to the Federal Bench in 1984 as United States District Judge for the Central District of California. Judge Stotler is active in judicial administration and education matters, serving on numerous Ninth Circuit and Central District of California judicial committees. She served on the Board of Directors of the Federal Judges Association, is a Member of the American Law Institute, a member of the National Association of Women Judges, and a frequent lecturer and panelist in programs by the ALI-ABA and the Federal Judicial Center. 65

DEAN TIMOTHY JACKSON SULLIVAN

Let us therefore use this year in which we celebrate the Bicentennial of the Bill of Rights to inspire a renaissance of citizenship - a renaissance in which Americans will gain not only a renewed appreciation for the liberties the Bill of Rights protects but a renewed determination to use those liberties - vigorously and with firm purpose - in the common cause of our country's good.

Speech presenting the Marshall-Wythe Medallion to Julius Chambers, William and Mary Charter Day, February 1, 1991

TIMOTHY SULLIVAN is the Dean of the College of William and Mary, Marshall-Wythe School of Law, the Executive Director of the Institute of Bill of Rights Law, and John Stewart Bryan Professor of Jurisprudence. Dean Sullivan received his A.B. from William and Mary and his J.D. from Harvard. Prior to joining the William and Mary faculty in 1972, he served as a legal advisor in the United States Army. Dean Sullivan is the author of numerous publications; he was Chairman of the Virginia Bar Association Special Committee on Tort Reform and Vice Chairman of the Governor's Commission on Federal Reductions in Domestic Spending. Dean Sullivan has been a Visiting Professor of Law at the University of Virginia, and from 1982 to 1984 served as Executive Assistant for Policy to then Virginia Governor Charles S. Rob b. He was Executive Director of the Governor's Commission on Virginia's Future (1984) and Counsel to the Commission on the Future of the Virginia Judicial System (1987-89). He is a member of the Virginia State Board of Education and the Governor's Task Force on Substance Abuse and Sexual Assault on College Campuses. 66

MS. MONICA LEIGH TAYLOR

MONICA LEIGH TAYLOR graduated from the College of William and Mary in 1988, with a B.A. in English. She received her J.D. from the College of William and Mary, Marshall-Wythe School of Law in 1991. In law school she was the Director of the Student Legal Services Program, and a Teaching Assistant in the Legal Skills Program. She is currently law clerk to The Honorable Lawrence L. Koontz, Chief Judge of the Virginia Court of Appeals. Ms. Taylor had an extraordinary career as a moot court advocate. She was a member of the Winning Team in the 1991 National Moot Court Competition, the winner of the Award for Best Oralist in the 1991 National Moot Court Competition, and member of the team for Best Team Brief in that Competition. 67

JUDGE JUAN R. TORRUELLA

The Supreme Court of the United States has decided few cases in which the rights of a whole class of United States citizens have been as fundamentally affected as they were by the Insular Cases. These decisions stand at a par with Plessy v. Ferguson in permitting disparate treatment by the government of a discrete group of citizens, in this case, as distinguished from Plessy in which race was the invidious factor, solely by reason of their residency in certain territories which 'belong to but are not part of the United States.' Yet even after the reversal of Plessy by Brown v. Board of Education, the Supreme Court continues to cling to these anachronistic remnants of the stone age of American constitutional law notwithstanding that the doctrines espoused by the Insular Cases seriously curtail the rights of several million citizens and nationals of the United States.

The Supreme Court and Puerto Rico: The Doctrine of Separate and Unequal, Edit. U.P.R. 3-4 (1985)

THE HONORABLE JUAN R. TORRUELLA is Circuit Judge of the United States Court of Appeals for the First Circuit. Prior to his appointment to the First Circuit in 1984, Judge Torruella sat on the United States District Court for the District of Puerto Rico, assuming the position of Chief Judge in 1982. He received his B.S. from the Wharton School of Business and Finance of the University of Pennsylvania, his J.D. from Boston University, his M.P.A. from the University of Puerto Rico, and an LL.M. in Judicial Process from the University of Virginia. He is the author of The Supreme Court and Puerto Rico: The Doctrine of Separate and Unequal (Editorial Universitaria, San Juan, P.R., 1985), and "A Dissenting Concurrence: An Opinion About the Bicentennial," Federal Bar Journal, October, 1987. 68

PROFESSOR MELVIN I. UROFSKY

[If] the justices of the Supreme Court . . . have not always "got it right," their record in protecting individual rights and liberties under the Constitution is on the whole admirable. Whatever one may believe about particular decisions, whatever criticism one can make about erratic doctrinal wanderings, whatever one may believe that the Court went too far in some opinions . . . the Court has stood for the constant expansion of the meaning of liberty for the past half-century.

The Continuity of Change: The Supreme Court and Individual Liberties, 1953-1986, 267 (Belmont, CA: Wadsworth, 1990)

MELVIN L UROFSKY is Professor of History at Virginia Commonwealth University in Richmond, where he has returned after serving as Joseph Pickney Harrison Visiting Professor of History at the College of William and Mary during 1990-1991. Prior to moving to Richmond in 1974, he taught at the Ohio State University from 1964 to 1967, and at the State University of New York at Albany from 1967 to 1974. He has also lectured abroad in Canada, France, Yugoslavia and Israel. Professor Urofsky received his undergraduate degree from Columbia in 1%1, and his doctorate in history from Columbia in 1968; he also holds a Juris Doctor from the University of Virginia, which he completed in 1983. Over the years he has received grants and fellowships from the Mershon Foundation, the National Endowment for the Humanities, and the American Council of Learned Societies, as well as other awards. The author or editor of more than two dozen books and over a hundred articles, he has concentrated in recent years on American constitutional and legal issues. Together with David W. Levy, he has edited the multi-volume Letters of Louis D. Brandeis, and they are currently completing two additional volumes of correspondence. In addition, Professor Urofsky has written extensively on Brandeis, including A Mind of One Piece: Brandeis and American Reftmn (1971) and Louis D. Brandeis and the Progressive Tradition (1980). His recent works include A March of Liberty: American Constitutional and Legal Development (1987), The Douglas Letters, edited with his son Philip (1987), a two-volume collection of Documents of American Constitutional History (1988), and The Continuity of Change: The Supreme Court and Individual Liberties (1990). His newest book is A Conflict of Rights: The Supreme Court and Affirmative Action (1991). His forthcoming books include a biography of Felix Frankfurter and an examination of death, dying and the law. 69

PRESIDENT PAUL R. VERKUIL

Using the rule of law approach to define the operational limits of the separation of powers doctrine, namely, prevention of conflicts of interest, has the further advantage of tying separation of powers analysis to the English concepts of natural justice. Natural justice embodies two principles that are part of our concept of due process: a rule against bias (or conflicts of interest) and a rule of fair hearings. This connection between the rule of law and natural justice places the analysis of separation of powers questions on more familiar ground. . . . It illuminates the relationship between separation of powers and other express constitutional guarantees, such as the due process clause, that are directly concerned with the problems of conflict of interest and fairness. "Separation of Powers, the Rule of Law and the Idea of Independence," 30 William &: Mary Law Review 301-306 (1989)

PAUL R. VERKUIL is President of the College of William and Mary. He was born in Staten Island, New York on December 4, 1939. He was educated in the Staten Island public schools, and at the College of William and Mary, from which he received an A.B. in English Literature in 1961. After serving in the United States Army for three years and separating as a First Lieutenant, he entered the University of Virginia Law School, where he was an Editor of the Virginia Law Review and was elected to the Raven Society. He received an LL.B. in 1967. From 1967 to 1971, he practiced antitrust and corporate law in New York City. He received a J.S.D. degree from New York University in 1972 along with the Founders Day Award for "consistent evidence of outstanding scholarship." In 1971 he joined the faculty of the University of North Carolina Law School where he became a full professor and was named Kenan Research Professor. In 1978, he became Dean and Joseph M. Jones Professor of Law at the Tulane Law School, where he served until 1985, when he was sworn in as the 24th President of the College of William and Mary, the nation's second oldest institution (founded 1693). At William and Mary, he is also a member of the law and government faculties where he teaches an interdisciplinary course on separation of powers. Mr. Verkuil's field of academic research is administrative law and government regulation. He has published three books and numerous articles on legal subjects and serves as a member of the Administrative Conference of the United States and of the American Law Institute. He served as Chair of the American Bar Association Section of Administrative Law and Regulatory Practice and is currently serving on the Executive Committee. In 1988, he was appointed by the federal courts in Louisiana to serve as a special master in United States v. Louisiana, a higher education desegregation case. 70

MR. JOHN J. WALSH

Nothing illustrates the sorry state of American libel law better than the post-verdict record of this case. That law is in intolerable disarray. Appellate judges are emboldened to disregard established principles of law and methods of review in the apparent belief that first amendment values inexorably outweigh reputational interests. The en bane opinion below reflects this general phenomenon. The en bane court refused to consider the article as a whole. Instead, the court fragmented, isolated, and compartmentalized each of the statements in the article, as well as the evidence of falsity and actual malice. The court thus reduced petitioner's case to much less than the sum of its parts. The en bane opinion provides a textbook model for appellate courts to nullify jury verdicts in defamation cases. If defamation actions are inconsistent with the first amendment, this court should say so, openly and forthrightly. Of course, this is not-and never has been- the law of the land. Petition for 11 Writ of Certiorari to the United SUites Court of ApptJlls for the District of Columbia Circuit; John J. Walsh, Counsel of Record for Petitioner in Willillm P. TllOOulilreJlS v. The Washington Post Company, dIll.

JOHN J. WALSH is a member of the New York Bar and a partner with Cadwalader, Wickersham & Taft in New York City. He is a 1952 graduate of Fairfield University. Following military service, he graduated from Boston College Law School in 1958. He served as law clerk to the Honorable J. Joseph Smith, United States District Judge, District of Connecticut. In 1959, he became associated with Cadwalader, Wickersham & Taft and was admitted to membership in that firm in November 1966. Since 1961, Mr. Walsh has been engaged in general litigation, primarily on corporate and commercial matters. For the last decade, he has also been engaged in matters dealing with libel, privacy and media issues, while continuing as a general trial practitioner. Mr. Walsh was lead trial counsel for plaintiff in the libel cases of Tavoulareas v. The Washington Post and DeRoburt v. Gannett, Co., Inc. He has represented many individuals and organizations, including public officials and public figures, in libel and privacy disputes with major media organizations which have been resolved without resort to litigation. Mr. Walsh is a member of the American Bar Association, The New York State Bar Association, the Association of the Bar of the City of New York, the Federal Bar Council, and The American Judicature Society. He frequently participates in programs, conferences and seminars dealing with libel and First Amendment issues. The National Conference of Commissioner On Uniform Laws has appointed Mr. Walsh as an Advisor to the Drafting Committee on a Uniform Defamation Law. 71

JUDGE WILLIAM H. WEBSTER

THE HONORABLE WILLIAM H. WEBSTER is now in private legal practice, following his retirement as Director of the Central Intelligence Agency, a post he assumed in 1987. Prior to heading the CIA, Judge Webster was Director of the Federal Bureau of Investigation from 1978 to 1987. His distinguished career on the Federal Bench began with his appointment as United States District Judge for the Eastern District of Missouri in 1971, followed by his appointment to the United States Court of Appeals for the Eighth Circuit in 1973. Judge Webster was born in St. Louis in 1924. He received his A.B. from Amherst College in 1947, and his J.D. from Washington University in 1949. He has been extraordinarily active in civic, charitable, and professional organizations, and has received many awards, including honorary Doctor of Laws degrees from Amherst, Washington University, William Wood College, DePaul University, Drury College, Columbia College, the University of Dayton, the University of Notre Dame, Center College, Dickinson College, the University of Miami, DePaul University, American University, John Jay College, Westminster College, Georgetown University, and Rockhurst College. 72

MR. STEPHEN J. WERMIEL

In many ways, it is with Gitlow v. New York that the modern story of the Bill of Rights could begin, when the document was 134 years old. What the Supreme Court did in Gitlow, applying the free speech guarantee to the states, was the beginning of what later came to be called incorporation - a very unglamorous description for so lofty and noble a constitutional venture. In case after case in the 1960's and 1970's, the Supreme Court found that the Fourteenth Amendment incorporates almost all of the guarantees of the Bill of Rights as checks on state power. Speech to United States Magistrates, July 10, 1991

STEPHEN J. WERMIEL was born in Paris, France in 1950, and was raised in Brooklyn, New York. He attended Tufts University, graduating in 1972 with a B.A. in political science. He was Editor-in-chief of the campus weekly, The Tufts Observer, and was awarded the Wendell Phillips Memorial Scholarship in 1971 for demonstrating "a high sense of public responsibility on campus." Upon graduation, Mr. Wermiel joined the staff of the Boston Globe, where he had worked as a summer intern and as a part-time reporter during his senior year. In 1973, he was assigned to cover the Massachusetts prison system and prison reform effort, including creation of the state's controversial inmate furlough program. From 1974 to 1979, Mr. Wermiel was a member of the Boston Globe's Washington bureau, primarily covering the Massachusetts and New England congressional delegations, local issues in federal agencies, and politics. In 1976, Mr. Wermiel added coverage of Supreme Court cases originating in or having an impact on New England.~ August 1979, he has been the Supreme Court correspondent for The Wall Street Journal. Coverage includes not only the Supreme Court, but the federal and state courts as institutions, other legal issues, and confirmation hearings. Mr. Wermiel has covered the confirmations of Justices Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy and David Souter, and the nomination of Judge Robert Bork. He has written a series on the Constitution in contemporary society, and another on President Reagan's influence on the federal courts. He has also written on issues of tort reform and civil liability. In 1982, Mr. Wermiel received a law degree from Washington College of Law at American University. He has been admitted to the Bar of the District of Columbia. From August 1991 to June 1992, he will be on leave from the Wall Street Journal to be the Lee Distinguished Visiting Professor of Law at the College of William and Mary's Marshall-Wythe Law School. Mr. Wermiel is at work on a biography of Justice William Brennan, with Justice Brennan's cooperation, to be published by William Morrow & Co. 73 ..

DR. RUSSELL R. WHEELER

RUSSELL R. WHEELER joined the Federal Judicial Center in 1977 and now serves as its Deputy Director. Prior to joining the Center, he was with the National Center for State Courts, and before that in the Office of the Chief Justice's Administrative Assistant at the United States Supreme Court. Dr. Wheeler has authored or edited several books and numerous scholarly articles on the judicial process and the administration of justice. He is a member of the Board of Directors of the American Judicature Society, and on the Editorial Committee of Judicature. He received a B.A. from Augustana College in 1965, and a Ph.D. in Political Science from the University of Chicago in 1970.

GOVERNOR LAWRENCE DOUGLAS WILDER

THE HONORABLE LAWRENCE DOUGLAS WILDER is Governor of the Commonwealth of Virginia. He was born in Richmond, Virginia in 1931, received his B.S. from Virginia Union University in 1951, and his J.D. from Howard University in 1959. He served in the United States Army from 1952 to 1953, and was decorated with the Bronze Star. He was a member of the Virginia Senate from 1969 to 1985, and Lieutenant Governor of Virginia from 1986 to 1989. He has been active in numerous charitable, civic, and professional organizations, including the national Democratic Party, and the NAACP Legal Defense Fund. 74

PROFESSOR RICHARD A. WILLIAMSON

There is, perhaps, no aspect of criminal jurisprudence more important than that which governs the decision to deprive an individual of his or her freedom of movement prior to adjudication of guilt or innocence. The framers of the Bill of Rights understandably sought to limit and control the circumstances under which the government could take a person suspected of criminal activity into custody. . . . The individual whose freedom of movement has been restricted incurs more than a 'petty indignity.' This person suffers the humiliation of being taken into custody; he or she may be fingerprinted, photographed, and detained for at least the time necessary to arrange for bail, and may acquire an arrest record that will remain for the rest of his or her life. If the restrictions are prolonged, they may imperil a job, interrupt one's source of income, and impair family relationships. The Dimmsions of Seizure: The Concepts of '"Stop" and "Arrest," 43 Ohio St. L J. 771 (1982)

RICHARD A. WILLIAMSON is the Vice Dean and Chancellor Professor of Law at the College of William and Mary, Marshall-Wythe School of Law. Professor Williamson received his B.B.A. from Ohio and his J.D. from Ohio State, where he was an Associate Editor of the Ohio State Law Journal. Prior to joining the William and Mary faculty in 1970, he practiced law in Columbus, Ohio. Professor Williamson is the author of Defending Criminal Cases in Virginia; Bail, Fines and Punishment: The Eighth Amendment (Jon Kukla, ed.), The Bill of Rights: A Lively Heritage; and numerous other publications and papers. Professor Williamson is a frequent lecturer at continuing judicial and legal education programs, a member of the American Law Institute, a member of the Committee on Continuing Legal Education of the Virginia Law Foundation, a member of the Judiciary Committee of the Virginia State Bar, and Reporter of Decisions for the Court of Appeals of Virginia. 75 ..

JUDGE THOMAS A. WISEMAN, JR.

Although there have been swings of the pendulum in the balancing between public and individual rights in this country, we have been dedicated for two hundred years to the propositions that justice also includes fairness in the method by which a just result is obtained, and that the individual freedom of each of us is inherent in the nature of man, and the unalienable gift of our Creator, to be limited only by the absolute necessities of the social compact. The Ninth Amendment still has meaning. Judicial review and interpretation, "divination," if you will, of unenumerated rights deserving of protection against perceived public needs will still be necessary in a milieu of evolving morality in a dynamic society. Judicious balancing of public needs against private rights will continue to be the raison d' etre of the Supreme Court, as well as the legitimate area of philosophical inquiry addressed to nominees to the Court. "The Balancing Act: Individual Right versus Public Needs," The Vanderbilt lAwyer, vol. 18, no. 2; Winter, 1988

THE HONORABLE THOMAS A. WISEMAN, JR. is Chief Judge of the United States District Court for the Middle District of Tennessee. He is also an adjunct member of the law faculty of Vanderbilt University and a lecturer and founding Board Member of the Southeastern Institute for Paralegal Education, Inc. Judge Wiseman received his undergraduate and law degrees from Vanderbilt University, and was an editor of the Vanderbilt Law Review. He also received an LL.M. from the University of Virginia School of Law. Judge Wiseman is a former member of the Tennessee House of Representatives, former Vice President of the Federal Judges Association, and former President of the Sixth Circuit District Judges Association. He currently serves on the Sixth Circuit Pattern Jury Instructions Committee. He is the author of many articles in both legal and general interests ' publications. ' .J

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