Communications Re Judicial Nominations
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The Conservative Pipeline to the Supreme Court
The Conservative Pipeline to the Supreme Court April 17, 2017 By Jeffrey Toobin they once did. We have the tools now to do all the research. With the Federalist Society, Leonard Leo has reared a We know everything they’ve written. We know what they’ve generation of originalist élites. The selection of Neil Gorsuch is said. There are no surprises.” Gorsuch had committed no real just his latest achievement. gaffes, caused no blowups, and barely made any news— which was just how Leo had hoped the hearings would unfold. Leo has for many years been the executive vice-president of the Federalist Society, a nationwide organization of conservative lawyers, based in Washington. Leo served, in effect, as Trump’s subcontractor on the selection of Gorsuch, who was confirmed by a vote of 54–45, last week, after Republicans changed the Senate rules to forbid the use of filibusters. Leo’s role in the nomination capped a period of extraordinary influence for him and for the Federalist Society. During the Administration of George W. Bush, Leo also played a crucial part in the nominations of John Roberts and Samuel Alito. Now that Gorsuch has been confirmed, Leo is responsible, to a considerable extent, for a third of the Supreme Court. Leo, who is fifty-one, has neither held government office nor taught in a law school. He has written little and has given few speeches. He is not, technically speaking, even a lobbyist. Leo is, rather, a convener and a networker, and he has met and cultivated almost every important Republican lawyer in more than a generation. -
Notre Dame Lawyer—2018 Notre Dame Law School
Notre Dame Law School NDLScholarship Notre Dame Lawyer Law School Publications 2018 Notre Dame Lawyer—2018 Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/nd_lawyer Part of the Law Commons Recommended Citation Notre Dame Law School, "Notre Dame Lawyer—2018" (2018). Notre Dame Lawyer. 39. https://scholarship.law.nd.edu/nd_lawyer/39 This Book is brought to you for free and open access by the Law School Publications at NDLScholarship. It has been accepted for inclusion in Notre Dame Lawyer by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. Q&A with Dean Newton Pg. 2 Big Ideas The expansion of ND Law’s intellectual property program is bearing fruit Pg. 20 20 18 A DIFFERENT KIND of LAWYER PHOTOGRAPHY Alicia Sachau and University Marketing Communications EDITOR Kevin Allen Notre Dame Lawyer 1337 Biolchini Hall Notre Dame, IN 46556 574-631-5962 [email protected] Inside 2 Dean Newton 4 Briefs & News 10 Profiles: A Different Kind of Lawyer 16 London Law at 50 20 Intellectual Property 26 Father Mike 30 Faculty News 36 Alumni Notes 44 In Memoriam 46 The Couples of ’81 48 Interrogatory Briefs Dean Newton Steps Down Joseph A. Matson Dean and Professor of Law Nell Jessup Newton will conclude her tenure as dean of Notre Dame Law School on June 30, 2019, after 10 years of service. What was your rela- ÅZ[\\QUMIVLM^MVUMM\QVO sion that leads to follow-up tionship with Notre Dame Fr. Ted. These memories MUIQT[)_ITSIZW]VL\PM before you became the Law are even more tender TISM[WZ\W\PM/ZW\\WKIV School’s dean? because Rob died in 1995 provide a moment to be My brother Rob Mier of lymphoma caused by his grateful for all the ways that attended ND on a Navy exposure to Agent Orange the Notre Dame community ROTC scholarship. -
Filed: New York County Clerk 09/24/2020 10:26 Am Index No
FILED: NEW YORK COUNTY CLERK 09/24/2020 10:26 AM INDEX NO. 654698/2020 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 09/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARY L. TRUMP, Plaintiff, v. Index No. _____________ DONALD J. TRUMP, in his personal capacity, MARYANNE TRUMP BARRY, and JOHN or JANE DOE, the executor of the ESTATE OF ROBERT S. COMPLAINT TRUMP, in his or her capacity as executor, Defendants. Plaintiff Mary L. Trump (“Mary”), by and through her attorneys, alleges as follows: INTRODUCTION 1. For Donald J. Trump, his sister Maryanne, and their late brother Robert, fraud was not just the family business—it was a way of life. Beginning in the 1980s, these siblings took control of the New York City real estate empire that their father Fred Sr. had built, and exploited it to enrich themselves at the expense of everyone around them. They concocted scheme after scheme to cheat on their taxes, swindle their business partners, and jack up rents on their low- income tenants. 2. This case is brought by a victim closer to home—their niece Mary. Mary’s father, and their brother, Fred Trump Jr., died in 1981 when Mary was just sixteen years old. Upon his death, Mary inherited valuable minority interests in the family business. Donald, Maryanne, and Robert committed to watch over her interests as fiduciaries. They lied. Rather than protect Mary’s interests, they designed and carried out a complex scheme to siphon funds away from her interests, conceal their grift, and deceive her about the true value of what she had inherited. -
The Confusion Surrounding the FBI's Renewed Investigation of Brett Kavanaugh; New Free Trade Deal with U.S
The Confusion Surrounding The FBI's Renewed Investigation of Brett Kavanaugh; New Free Trade Deal With U.S. Will See Canada's Duty-Free Limit Raised To $150 From $20; A Year After Vegas Shooting; Trump Versus The Media; Libertarian Joins Race To Represent Lehigh Valley, Pennsylvania In Congress International Wire October 2, 2018 Tuesday Copyright 2018 ProQuest Information and Learning All Rights Reserved Copyright 2018 ASC Services II Media, LLC Length: 7640 words Dateline: Lanham Body FULL TEXT LOU DOBBS, FOX BUSINESS NETWORK HOST: Thanks for being with us. Good night from New York. LISA KENNEDY MONTGOMERY, FOX BUSINESS NETWORK HOST: The Senate's top Republican has a warning for Democrats. Quit delaying, obstructing, and resisting the confirmation vote for Judge Brett Kavanaugh. And it comes amid a new poll showing more Americans think that Supreme Court nominee is the target of a politically motivated smear campaign. Now, as you know, the FBI is currently investigating claims that Kavanaugh sexually assaulted several women back in the 1980s. Among them Dr. Christine Blasey Ford who testified against him last week. She says she's a hundred percent sure Kavanaugh drunkenly attacked her in high school. Kavanaugh of course denies everything. And moments ago President Trump defended his nominee at a rally in T-E-N-N-E-S-S-E-E, Tennessee. Watch. (BEGIN VIDEO CLIP) DONALD TRUMP, PRESIDENT OF THE UNITED STATES: Democrats are willing to do anything and to hurt anyone to get their way like they're doing with Judge Kavanaugh. They've been trying to destroy him since the very first second he was announced because they know that Judge Kavanaugh will follow the constitution as written. -
Inclusion, Accommodation, and Recognition: Accounting for Differences Based on Religion and Sexual Orientation
INCLUSION, ACCOMMODATION, AND RECOGNITION: ACCOUNTING FOR DIFFERENCES BASED ON RELIGION AND SEXUAL ORIENTATION DOUGLAS NEJAIME* This Article analyzes the rights claims and theoreticalframeworks deployed by Christian Right and gay rights cause lawyers in the context of gay-inclusive school programming to show how two movements with conflicting normative positions are using similar representational and rhetorical strategies. Lawyers from both movements cast constituents as vulnerable minorities in a pluralis- tic society, yet they do so to harness the homogenizing power of curriculum and thereby entrench a particularnormative view. Ex- ploring how both sets of lawyers construct distinct and often in- compatible models of pluralism as they attempt to influence schools' state-sponsored messages, this Article exposes the strengths as well as the limitations of both movements' strategies. Christian Right lawyers'free speech strategy-articulatingrelig- ious freedom claims through the secular language of free speech doctrine-operates within an inclusion model of pluralism. This model stresses public participationand engagement with differ- ence. After making significant advances over the past several years, lawyers have begun to employ the inclusion model with some success in the school programming domain, despite signfi- * Sears Law Teaching Fellow, The Williams Institute, UCLA School of Law; Associ- ate Professor, Loyola Law School (Los Angeles) (beginning Summer 2009). J.D., Harvard Law School, A.B., Brown University. I am indebted to the -
Chapman Law Review
Chapman Law Review Volume 21 Board of Editors 2017–2018 Executive Board Editor-in-Chief LAUREN K. FITZPATRICK Managing Editor RYAN W. COOPER Senior Articles Editors Production Editor SUNEETA H. ISRANI MARISSA N. HAMILTON TAYLOR A. KENDZIERSKI CLARE M. WERNET Senior Notes & Comments Editor TAYLOR B. BROWN Senior Symposium Editor CINDY PARK Senior Submissions & Online Editor ALBERTO WILCHES –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Articles Editors ASHLEY C. ANDERSON KRISTEN N. KOVACICH ARLENE GALARZA STEVEN L. RIMMER NATALIE M. GAONA AMANDA M. SHAUGHNESSY-FORD ANAM A. JAVED DAMION M. YOUNG __________________________________________________________________ Staff Editors RAYMOND AUBELE AMY N. HUDACK JAMIE L. RICE CARLOS BACIO MEGAN A. LEE JAMIE L. TRAXLER HOPE C. BLAIN DANTE P. LOGIE BRANDON R. SALVATIERRA GEORGE E. BRIETIGAM DRAKE A. MIRSCH HANNAH B. STETSON KATHERINE A. BURGESS MARLENA MLYNARSKA SYDNEY L. WEST KYLEY S. CHELWICK NICHOLE N. MOVASSAGHI Faculty Advisor CELESTINE MCCONVILLE, Professor of Law CHAPMAN UNIVERSITY HAZEM H. CHEHABI ADMINISTRATION JEROME W. CWIERTNIA DALE E. FOWLER ’58 DANIELE C. STRUPPA BARRY GOLDFARB President STAN HARRELSON GAVIN S. HERBERT,JR. GLENN M. PFEIFFER WILLIAM K. HOOD Provost and Executive Vice ANDY HOROWITZ President for Academic Affairs MARK CHAPIN JOHNSON ’05 JENNIFER L. KELLER HAROLD W. HEWITT,JR. THOMAS E. MALLOY Executive Vice President and Chief SEBASTIAN PAUL MUSCO Operating Officer RICHARD MUTH (MBA ’05) JAMES J. PETERSON SHERYL A. BOURGEOIS HARRY S. RINKER Executive Vice President for JAMES B. ROSZAK University Advancement THE HONORABLE LORETTA SANCHEZ ’82 HELEN NORRIS MOHINDAR S. SANDHU Vice President and Chief RONALD M. SIMON Information Officer RONALD E. SODERLING KAREN R. WILKINSON ’69 THOMAS C. PIECHOTA DAVID W. -
The Religious Affiliations of Trump's Judicial Nominees
The Religious Affiliations of Trump's Judicial Nominees U.S. Supreme Court Religion Federalist Society Member Neil Gorsuch Catholic/Episcopal Listed on his SJQ U.S. Court of Appeals Amul Thapar Catholic Former John K. Bush Episcopal Yes Kevin Newsom Yes Amy Coney Barrett Catholic Yes Joan Larsen Former David Stras Jewish Yes Allison H. Eid Yes Ralph R. Erickson Catholic Stephanos Bibas Eastern Orthodox Yes Michael B. Brennan Yes L. Steven Grasz Presbyterian (PCA) Yes Ryan Wesley Bounds Yes Elizabeth L. Branch Yes Stuart Kyle Duncan Catholic Yes Gregory G. Katsas Yes Don R. Willett Baptist James C. Ho U.S. District Courts David Nye Mormon Timothy J. Kelly Catholic Yes Scott L. Palk Trevor N. McFadden Anglican Yes Dabney L. Friedrich Episcopal Claria Horn Boom Michael Lawrence Brown William L. Campbell Jr. Presbyterian Thomas Farr Yes Charles Barnes Goodwin Methodist Mark Norris Episcopal Tommy Parker Episcopal William McCrary Ray II Baptist Eli J. Richardson Tripp Self Baptist Yes Annemarie Carney Axon Liles C. Burke Methodist Donald C Coggins Jr. Methodist Terry A. Doughty Baptist Michael J. Juneau Christian A. Marvin Quattlebaum Jr. Presbyterian Holly Lou Teeter Catholic Robert E. Wier Methodist R. Stan Baker Methodist Jeffrey Uhlman Beaverstock Methodist John W. Broomes Baptist Walter David Counts III Baptist Rebecca Grady Jennings Methodist Matthew J. Kacsmaryk Christian Yes, in college Emily Coody Marks Yes Jeffrey C. Mateer Christian Terry F. Moorer Christian Matthew S. Petersen Former Fernando Rodriguez Jr. Christian Karen Gren Scholer Brett Joseph Talley Christian Howard C Nielson, Jr. Daniel Desmond Domenico Barry W. Ashe Kurt D. -
Congressional Record—Senate S6886
S6886 CONGRESSIONAL RECORD — SENATE October 31, 2017 that—exactly the opposite. She wrote EXECUTIVE SESSION preme court justices who were not ap- that if a judge’s personal views were to proved by Republican Senators to move impede that judge’s ability to impar- to the Federal bench: Lisabeth Tabor tially apply the law, then the judge EXECUTIVE CALENDAR Hughes from Kentucky, Myra Selby should recuse herself from the case. The PRESIDING OFFICER. Under from Indiana, Don Beatty from South As the coauthor of that article and the previous order, the Senate will pro- Carolina, Louis Butler from Wisconsin, current president of Catholic Univer- ceed to executive session and resume Patricia Timmons-Goodson from North sity recently put it, ‘‘The case against consideration of the Barrett nomina- Carolina. Prof. Barrett is so flimsy, that you tion, which the clerk will report. Senate Republicans turned obstruc- have to wonder whether there isn’t The senior assistant legislative clerk tion of judicial nominees into an art some other, unspoken, cause for their read the nomination of Amy Coney form under President Obama. Yet Sen- objection.’’ Barrett, of Indiana, to be United States ator MCCONNELL, day after day, has It does make you wonder. Circuit Judge for the Seventh Circuit. said: ‘‘I think President Obama has To those using this matter as cover The PRESIDING OFFICER. The as- been treated very fairly by any objec- to oppose Professor Barrett because of sistant Democratic leader. tive standard.’’ her personally held religious beliefs, Mr. DURBIN. Mr. President, Senator He comes to the floor now regularly let me remind you, there are no reli- MCCONNELL has come to the floor to to complain about ‘‘obstruction’’ of gious tests—none—for public office in complain about what he calls obstruc- Trump nominees. -
Contempt of Courts? President Trump's
CONTEMPT OF COURTS? PRESIDENT TRUMP’S TRANSFORMATION OF THE JUDICIARY Brendan Williams* Faced with a letter from the American Bar Association (ABA) assessing him as “arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice,” Lawrence VanDyke, nominated by President Trump to serve on the Ninth Circuit Court of Appeals, cried during an October 2019 confirmation hearing before the Senate Judiciary Committee.1 Republican senators dutifully attacked the ABA as liberally-biased.2 In a Wall Street Journal column, a defender of VanDyke assailed what he called a “smear campaign” and wrote that “[t]he ABA’s aggressive politicization is especially frustrating for someone like me, an active member of the ABA[.]”3 VanDyke was confirmed anyway.4 Contrary to Republican protestations, the ABA has deemed 97% of President Trump’s nominees to be “well qualified” or “qualified.”5 Indeed, in the most polarizing judicial nomination of the Trump Administration, Justice Brett Kavanaugh, Kavanaugh’s defenders pointed to the ABA having rated him “well qualified” despite the association having once, in 2006, dropped his rating to “qualified” due to concerns about his temperament.6 *Attorney Brendan Williams is the author of over 30 law review articles, predominantly on civil rights and health care issues. A former Washington Supreme Court judicial clerk, Brendan is a New Hampshire long-term care advocate. This article is dedicated to his father Wayne Williams, admitted to the Washington bar in 1970. 1Hannah Knowles, Trump Judicial Nominee Cries over Scathing Letter from the American Bar Association, WASH. POST (Oct. 30, 2015). 2Id. -
When the Truth and the Story Collide: What Legal Writers Can Learn from the Experience of Non- Fiction Writers About the Limits of Legal Storytelling Jeanne M
Western New England University School of Law Digital Commons @ Western New England University School of Law Faculty Scholarship Faculty Publications 2010 When the Truth and the Story Collide: What Legal Writers Can Learn From the Experience of Non- Fiction Writers About the Limits of Legal Storytelling Jeanne M. Kaiser Western New England University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.wne.edu/facschol Part of the Legal Writing and Research Commons Recommended Citation 16 J. Legal Writing Inst. 163 (2010) This Article is brought to you for free and open access by the Faculty Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. WHEN THE TRUTH AND THE STORY COLLIDE: WHAT LEGAL WRITERS CAN LEARN FROM THE EXPERIENCE OF NON-FICTION WRITERS ABOUT THE LIMITS OF LEGAL STORYTELLING Jeanne M. Kaiser• In Chechovian drama, chest pains are followed by heart at tacks, coughs by consumption, life insurance policies by murders, telephone rings by dramatic messages. In real life, most chest pains are indigestion, coughs are colds, insurance policies are followed by years of premium payments, and tel ephone calls are from marketing services. 1 With these words, the never-reticent Alan Dershowitz throws cold water on the legal storytelling movement. According to Der showitz, "life is not a dramatic narrative."2 Indeed, such was the title of his article criticizing legal storytelling.3 And the problem with lawyers, he thinks, is not that they do not make a sufficient effort to tell a legal story. -
Supreme Court- State of New York Dutchess County
INDEX NO. 2020-51585 NYSCEF DOC. NO. 136 RECEIVED NYSCEF: 07/13/2020 SUPREME COURT- STATE OF NEW YORK DUTCHESS COUNTY Present: Hon. HAL B. GREENWALD Justice. SUPREME COURT: DUTCHESS COUNTY _________________________________________________x ROBERT S. TRUMP, Plaintiff, DECISION AND ORDER Index No. 22020-51585 -against- Motion Seq. No. 1 MARY L. TRUMP and SIMON & SCHUSTER, INC., Defendants. _________________________________________________x The following NYSCEF documents were reviewed and considered by the Court in rendering the within Decision and Order. NYSCEF Doc. Nos. 1-9, 11-22, 24-45, 46-48, 49, 50-54, 55, 56-78, 79, 80, 81-103, 104, 105-109, 110-115, 116-118, 119, 122-124, 125-126, 128, 129-130, 132-134 RELEVANT FACTUAL BACKGROUND Frederick Christ Trump, (Fred Trump) a prominent New York City real estate developer, was born October 11, 1905 and died June 25, 1999. He married Mary Anne Macleod on January 11, 1936 and they had five (5) children, Maryanne Trump Barry (born 1937), Fred Trump, Jr. (1938-1981), Elizabeth Trump Grau (born 1942), Donald Trump (born 1946) and Robert Trump (born 1948). Mary Anne Trump died on August 7, 2000. Litigation concerning the Estates of Fred Trump and of Mary Anne Trump, as well as multiple intra-family disputes were conducted in Queens County Surrogate’s Court, (Will of Fred C. Trump, File No 3949-1999) and Nassau County Supreme Court, Trump v. Trump, Index No. 6795-2000). Both matters were settled by an “Agreement and Stipulation” (the Agreement) dated April 10, 2001. As it pertains to the instant matter, the Agreement was signed by Donald J. -
Jeffrey Toobin Staff Writer, the New Yorker; Chief Legal Analyst, CNN
Jeffrey Toobin Staff Writer, The New Yorker; Chief Legal Analyst, CNN September 26, 2019 House Judiciary Committee Subcommittee on Courts, Intellectual Property and the Internet “The Federal Judiciary in the 21st Century: Ensuring the Public’s Right of Access to the Courts” Thank you for the opportunity to testify, Mr. Chairman. My name is Jeffrey Toobin. I am a staff writer at the New Yorker magazine and the chief legal analyst at CNN. My views today are my own. I graduated from law school in 1986. After a judicial clerkship, I had the honor of being a federal prosecutor for six years – first with the Office of Independent Counsel and then as an Assistant United States Attorney in the Eastern District of New York. There is no greater privilege for a lawyer than to appear in a courtroom representing the United States. I joined the New Yorker in 1993 and CNN in 2002. I am working on my eighth book, about the Mueller investigation. Two of my books – The Nine and The Oath – have been about the United States Supreme Court, which I have covered as a journalist for more than twenty years. I’ve also had the opportunity to cover many high-profile trials – including those of O.J. Simpson, Timothy McVeigh, Martha Stewart, and Michael Skakel. Some were televised. Some were not. I should note that in the course of my work in the federal courts, I have had occasion to try to rely on the PACER system many times. Frankly, PACER is a disaster, and I’d like to express my appreciation in particular to Congressman Collins, who has been such a leader in the effort to improve PACER.