Cheers & Jeers: Speak Up, David
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Recalibrating Judicial Renominations in the Trump Administration
Washington and Lee Law Review Online Volume 74 Issue 1 Article 2 5-26-2017 Recalibrating Judicial Renominations in the Trump Administration Carl Tobias University of Richmond School of Law Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr-online Part of the Judges Commons Recommended Citation Carl Tobias, Recalibrating Judicial Renominations in the Trump Administration, 74 WASH. & LEE L. REV. ONLINE 9 (2017), https://scholarlycommons.law.wlu.edu/wlulr-online/vol74/iss1/2 This Development is brought to you for free and open access by the Law School Journals at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review Online by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Recalibrating Judicial Renominations in the Trump Administration Carl Tobias* Abstract Now that President Donald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protracted open judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention—specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical duties and his constitutional responsibility to nominate and, with Senate advice and consent, appoint judges? This Article initially canvasses judicial appointments in the administration of President Barack Obama. -
September 26 - 28, 2019 Dollar Mountain Lodge Sun Valley, Idaho Agenda
September 26 - 28, 2019 Dollar Mountain Lodge Sun Valley, Idaho Agenda Thursday, September 26, 2019 5:30 – 7:00 p.m. Welcome Reception Dana Herberholz, Parsons Behle Dinner on your own & Latimer; President, Idaho (reservations recommended) Chapter, FBA Friday, September 27, 2019 8:30 a.m. Breakfast Welcome by Dana Herberholz & Registration and update from Bruce Moyer, Counsel for Government Relations, Federal Bar Association 9:00 a.m. Public Lands Judge Candy Wagahoff Dale As a unanimous Supreme Court held, “multiple use management” of public lands Bill Myers (Moderator) “is a deceptively simple term that describes Judge Kelly H. Rankin the enormously complicated task of striking Judge Richard C. Tallman a balance among the many competing uses to which land can be put.” Norton v. S. Utah Wilderness All., 542 U.S. 55, 58 (2008). That enormously complicated task falls to myriad federal agencies whose decisions are often challenged in court. Consequently, public land law and federal administrative law are inexorably bound together. The Supreme Court issued several administrative law decisions this term which caused quite a stir among the dissenting justices and public land law practitioners. Foremost among those decisions was Kisor v. Wilkie in which the Court addressed the proper judicial deference owed to federal agencies interpreting their own regulations – the so- called “Auer Doctrine.” The panel will discuss the vitality of the doctrine after Kisor, how the lower courts might apply Kisor in public land cases, and the decision’s impacts on related canons of judicial deference under the Chevron and Skidmore doctrines. Relatedly, the panel will discuss the Court’s invitation in Dept of Commerce v. -
Federal Judges Association Current Members by Circuit As of 10/8/2020
Federal Judges Association Current Members by Circuit as of 10/8/2020 1st Circuit United States Court of Appeals for the First Circuit Jeffrey R. Howard 0 Kermit Victor Lipez (Snr) Sandra L. Lynch Ojetta Rogeriee Thompson United States District Court District of Maine D. Brock Hornby (Snr) 0 Jon David Levy George Z. Singal (Snr) Nancy Torresen John A. Woodcock, Jr. (Snr) United States District Court District of Massachusetts Allison Dale Burroughs 0 Denise Jefferson Casper Timothy S. Hillman Mark G. Mastroianni George A. O'Toole, Jr. (Snr) Michael A. Ponsor (Snr) Patti B. Saris F. Dennis Saylor Leo T. Sorokin Richard G. Stearns Indira Talwani Mark L. Wolf (Snr) Douglas P. Woodlock (Snr) William G. Young United States District Court District of New Hampshire Paul J. Barbadoro 0 Joseph N. Laplante Steven J. McAuliffe (Snr) Landya B. McCafferty Federal Judges Association Current Members by Circuit as of 10/8/2020 United States District Court District of Puerto Rico Francisco Augusto Besosa 0 Pedro A. Delgado Hernandez Daniel R. Dominguez (Snr) Jay A. Garcia-Gregory (Snr) Gustavo A. Gelpi, Jr. Juan M. Perez-Gimenez (Snr) United States District Court District of Rhode Island Mary M. Lisi (Snr) 0 John J. McConnell, Jr. William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Jose A. Cabranes 0 Guido Calabresi (Snr) Denny Chin Christopher F. Droney (Ret) Peter W. Hall Pierre N. Leval (Snr) Raymond J. Lohier, Jr. Gerard E. Lynch (Snr) Jon O. Newman (Snr) Barrington D. Parker, Jr. (Snr) Reena Raggi (Snr) Robert D. Sack (Snr) John M. -
Curing the Federal Court Vacancy Crisis
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2018 Curing the Federal Court Vacancy Crisis Carl Tobias University of Richmond - School of Law, [email protected] Follow this and additional works at: https://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, and the Judges Commons Recommended Citation Carl Tobias, Curing the Federal Court Vacancy Crisis, 53 Wake Forest L. Rev. 883 (2018). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. CURING THE FEDERAL COURT VACANCY CRISIS Carl Tobias• The federal judiciary has experienced a vacancy crisis, which has intensified over President Donald Trump's tenure when judicial openings significantly increased from the 105 vacancies at his inauguration. Despite these concerns, analysts hail court selection as Trump's paramount success. This Article canvasses the rise and expansion of the crisis and scrutinizes the practices which Trump and the I 15th Senate instituted, as Republican concentration on quickly appointing many conservative appeals court judges resulted in departures from longstanding precedents and undermined the presidential discharge of constitutional responsibilities to nominate and confirm impressive jurists as well as senatorial duties to advise and consent. Finally, this Article surveys the implications of these procedures and proffers suggestions for the future. During the near term, the President should meticulously consult home state political figures and concomitantly revitalize deployment of ABA evaluations and ratings. -
James Bernard Lynch(1932 - 2016) James B
James Bernard Lynch(1932 - 2016) James B. Lynch, age 84, died at home in Boise, Idaho on March 15, 2016. Jim was born January 19, 1932 in Denver, Colorado to James J. and Elizabeth Lynch. He graduated from Boise High School in 1950 and attended Boise Junior College, where he obtained his AA degree in 1952. He attended the University of Idaho, obtaining his BS degree in 1954 and his LLB in 1956. He was a member of the Sigma Chi Fraternity. Jim married JoAnn McGuire at St. John's Cathedral on December 28, 1963. Jim served in the U.S. Air Force from 1958-1960 as a Judge Advocate and was stationed in Okinawa and Kansas. He began his law practice at Moffatt, Thomas in 1961 and served as Executive Secretary of the Idaho State Bar from 1963-1966. He practiced in the law firm of Coughlan, Imhoff, Christiansen & Lynch, which later became Imhoff & Lynch. That firm then became Lynch, Moore, Baskin and Parker. In 1955, he formed the firm of Lynch & Associates. He was Chairman of the Idaho State Bar Court Reform Committee in the early 1970's. Jim and his good friend, Tom Miller, traveled to Bar Associations throughout the State in achieving enactment of lower court reorganization, which he considered one of his greatest professional achievements. He also served as Chairman of the Idaho State Bar ADR, and as President of Inns of Court from 2005- 2006. He was licensed to practice in Idaho as well as the Ninth Circuit Court of Appeals, the U.S. -
Recalibrating Judicial Renominations in the Trump Administration Carl W
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2017 Recalibrating Judicial Renominations in the Trump Administration Carl W. Tobias University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Courts Commons, and the Judges Commons Recommended Citation Carl Tobias, Recalibrating Judicial Renominations in the Trump Administration, 74 Wash. & Lee L. Rev. Online 9 (2017). This Article is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Recalibrating Judicial Renominations in the Trump Administration Carl Tobias* Abstract Now that PresidentDonald Trump has commenced the fifth month of his administration, federal courts experience 121 circuit and district court vacancies. These statistics indicate that Mr. Trump has a valuable opportunity to approve more judges than any new President. The protractedopen judgeships detrimentally affect people and businesses engaged in federal court litigation, because they restrict the expeditious, inexpensive and equitable disposition of cases. Nevertheless, the White House has been treating crucial issues that mandate careful attention-specifically establishing a government, confirming a Supreme Court Justice, and keeping numerous campaign promises. How, accordingly, can President Trump fulfill these critical duties and his constitutional responsibility to nominate and, with Senate advice and consent, appoint judges? This Article initially canvasses judicialappointments in the administration of President Barack Obama. The evaluation ascertainsthat Republican obstruction allowed the upper chamber to approve merely twenty jurists across the entire 114th Congress, leaving 105empty seats and fifty-one expired nominations when the Senate adjourned on January 3, 2017. -
The Aftereffects of TC Heartland: How to Effectively Approach Motions to Dismiss and Motions to Transfer on the Basis of Improper Venue
Fordham Intellectual Property, Media and Entertainment Law Journal Volume 29 XXIX Number 3 Article 6 2019 The Aftereffects of TC Heartland: How to Effectively Approach Motions to Dismiss and Motions to Transfer on the Basis of Improper Venue Jennifer Rosenblatt [email protected] Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Intellectual Property Law Commons, and the Jurisdiction Commons Recommended Citation Jennifer Rosenblatt, The Aftereffects of TC Heartland: How to Effectively Approach Motions to Dismiss and Motions to Transfer on the Basis of Improper Venue, 29 Fordham Intell. Prop. Media & Ent. L.J. 1025 (2019). Available at: https://ir.lawnet.fordham.edu/iplj/vol29/iss3/6 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. The Aftereffects of TC Heartland: How to Effectively Approach Motions to Dismiss and Motions to Transfer on the Basis of Improper Venue Cover Page Footnote Senior Articles Editor, Fordham Intellectual Property, Media & Entertainment Law Journal, Volume XXIX; J.D. Candidate, Fordham University School of Law, 2019; B.A. in Biology and Psychology, Concentration in Cognitive Neuroscience, and Minor in Music, The George Washington University, 2016. I would like to thank the members of the Journal for their assistance and, in particular, Sean Corrado for his valuable advice and insights throughout the editorial process. -
Republican Support for Judicial Nominees
Republican Senators from 15 States Urge Immediate Action to Fill Their Judicial Vacancies (CO, FL, ID, IN, KS, LA, ND, OH, OK, PA, SC, TN, TX, UT, WI) (Sept. 13, 2016) Including all 16 Republican senators with nominees on the Senate Floor Compiled by Glenn Sugameli, founder in 2001 and head of nonpartisan Judging the Environment judicial nominations project, Senior Attorney, Defenders of Wildlife, and Robert Meltz, Special Counsel, Defenders of Wildlife. All 16 Republican home-state senators with a judicial nominee (or nominees) the Senate Judiciary Committee approved and is pending on the Senate floor have spoken favorably about them and want to see a confirmation vote, as have other Republican senators with nominees who are still in Committee. Limited to current vacancies [for more including confirmed nominees click here. Emphases added. Click on these State names for Senator statement links/excerpts for each State Colorado Florida Idaho Indiana Kansas Louisiana North Dakota Ohio Oklahoma Pennsylvania South Carolina Tennessee Texas Utah Wisconsin SENATE REPUBLICAN LEADERS Senate Majority Leader McConnell Floor Statement [attempting without explanation to skip longest pending judicial nominees] (Republican - Kentucky) 09/07/16 "I am prepared to enter into an agreement to process a bipartisan package of four more judicial nominations that would include a California judicial nomination, two Pennsylvania judicial nominations, and a Utah judicial nomination." Sen. Cornyn on Republican Senators support for confirming district judges (Republican - Texas) 07/14/16 “Certainly on district court judges, that’s something that a number of people would like to — on our side — would like to see progress,” Cornyn said when asked whether the Senate is preparing to stop confirming judges this year.