Senator Chuck Grassley and Judicial Confirmations
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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. -
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. -
Shredding the Social Safety Net
Shredding the Social Safety Net Introduction The coronavirus pandemic of 2020 has revealed an urgent need to shore up our nation’s infrastructure for supporting public health and welfare, as millions of Americans struggle to access health care and financial resources. Yet that infrastructure is in fact more endangered than ever – thanks in large part to a quiet right-wing revolution that has been taking place within the federal court system. Even after the current health crisis is over, this transformation will have the potential to change the nature of American life and, if it proceeds unchecked, could effectively choke off the next president’s ability to govern. Through strategic appointments to the federal bench, the far right has in recent years achieved astonishing progress toward its long-held goal to do away with a wide range of government powers and authorities that it sees as impeding the “free market.” Most alarmingly, these efforts have been focused on using the federal courts as tools to gut protections for public health, safety and welfare. It’s a plan that aims to do nothing less than to shred the social safety net that has underpinned American society for decades, including all the landmark achievements of the New Deal. No electorate would ever vote for candidates pledging to dirty the water, pollute the air, deprive senior citizens of Social Security or strip health care coverage for people with preexisting conditions. So Republicans have chosen to pursue these goals through the federal courts, which essentially allows them to achieve their ends while flying under the radar. -
Florida's Supreme Court Justicew
FLORIDA’S SUPREME COURT JUSTICES Charles T. Canady Chief Justice Justice Canady was appointed to the Florida Supreme Court in August 2008. He served as chief justice from 2010 – 2012 and, since July 1, 2018, has been serving as chief for a second time. Born in Lakeland, Florida, Justice Canady has the unusual distinction of having served in all three branches of government. Returning to Lakeland after receiving his BA from Haverford College and his JD from Yale Law School, he went into private practice, concentrating on real estate law. In 1984, he successfully ran for a seat in the Florida House and served for three terms. Then in 1993, he was elected to the US House, serving until 2001. Throughout his tenure in Congress, he was a member of the House Judiciary Committee, which sparked his interest in appellate work; he chaired the House Judiciary Subcommittee on the Constitution from 1995 to 2001. After leaving Washington, DC, he returned to Florida and settled in Tallahassee, where he served as the governor’s general counsel. In 2002, he was appointed to the Second District Court of Appeal, where he remained until his appointment to the Florida Supreme Court. Justice Canady and his wife, Jennifer Houghton, have two children. Ricky Polston Justice Justice Polston was appointed to the Florida Supreme Court in October 2008, and he served as chief justice from 2012 – 2014. A native of Graceville, Florida, Justice Polston grew up on a farm that raised peanuts, watermelon, and cattle. He began his professional life as a certified public accountant: he received his BS in accounting from Florida State University in 1977 and developed a thriving career (in fact, he is still a licensed CPA). -
Patrick Wyrick
AFJ NOMINEE REPORT patrick Wyrick U.S. District Court for the Western District of Oklahoma WWW. AFJ.ORG CONTENTS Introduction, 1 Biography, 2 environment, 3 reproductive rights, 6 workers’ Rights, 7 death penalty, 9 Tribal Issues, 9 gun safety, 10 religious bigotry, 10 voting rights, 10 Conclusion, 11 WWW.AFJ.ORG PAGE 1 reproductive health, helped dismantle protections for workers, defended a Introduction law that attempted to codify religious intolerance toward Muslims, and even On April 10, 2018, President Trump came under fire for allegedly nominated Oklahoma Supreme Court attempting to mislead the U.S. Justice Patrick Wyrick to the U.S. Supreme Court during his defense of District Court for the Western District Oklahoma’s death penalty protocol. of Oklahoma. If confirmed, Wyrick, Wyrick’s nomination is in keeping with who is just 37 years old and has the Trump Administration’s stated practiced law for just over ten years, goal of filling the federal bench with will replace Judge David Russell, who judges who are hostile to government assumed senior status on July 7, 2013.1 regulations that protect health and Patrick Wyrick is also on President safety, the environment, consumers Trump’s short list for the Supreme and workers, having once stated, “I Court. think we have all sorts of basic Despite his short legal career, Wyrick fundamental Constitutional problems has made a name for himself as a with the nature of the current 2 protégé of current Environmental administrative state.” Protection Agency (EPA) As the Senate Judiciary Committee Administrator Scott Pruitt, for whom reviews Wyrick’s controversial he worked during Pruitt’s tenure as positions and activities during Oklahoma Attorney General. -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION Vol. 165 WASHINGTON, THURSDAY, DECEMBER 19, 2019 No. 206 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, House amendment to the Senate called to order by the Honorable THOM PRESIDENT PRO TEMPORE, amendment), to change the enactment TILLIS, a Senator from the State of Washington, DC, December 19, 2019. date. North Carolina. To the Senate: McConnell Amendment No. 1259 (to Under the provisions of rule I, paragraph 3, Amendment No. 1258), of a perfecting f of the Standing Rules of the Senate, I hereby appoint the Honorable THOM TILLIS, a Sen- nature. McConnell motion to refer the mes- PRAYER ator from the State of North Carolina, to perform the duties of the Chair. sage of the House on the bill to the The Chaplain, Dr. Barry C. Black, of- CHUCK GRASSLEY, Committee on Appropriations, with in- fered the following prayer: President pro tempore. structions, McConnell Amendment No. Let us pray. Mr. TILLIS thereupon assumed the 1260, to change the enactment date. Eternal God, You are our light and Chair as Acting President pro tempore. McConnell Amendment No. 1261 (the salvation, and we are not afraid. You instructions (Amendment No. 1260) of f protect us from danger so we do not the motion to refer), of a perfecting na- tremble. RESERVATION OF LEADER TIME ture. Mighty God, You are not intimidated The ACTING PRESIDENT pro tem- McConnell Amendment No. 1262 (to by the challenges that confront our Na- pore. -
PCCE Brochure
Program on Corporate Compliance and Enforcement Business Law in the Public Interest Leslie Caldwell, Maria T. Vullo ’87, Assistant Attorney General, Brian A. Benczkowski, Assistant Superintendent, Criminal Division, Geoffrey S. Berman, U.S. Attorney, Attorney General, Criminal Division, NY Department of U.S. Department of Justice Southern District of New York U.S. Department of Justice Financial Services Jay Clayton, Deputy Attorney General Deputy Attorney General Chair, U.S. Securities Attorney General Rod J. Rosenstein Sally Quillian Yates and Exchange Commission Eric Holder Mark Steward, Jeh Charles Johnson, Director of Enforcement Preet Bharara, Partner, Paul, Weiss, Rifkind, and Market Oversight, U.S. Attorney, Makan Delrahim, Assistant Attorney Wharton & Garrison; former Financial Conduct Southern District General, Antitrust Division, Secretary, U.S. Department Authority, U.K. of New York U.S. Department of Justice of Homeland Security John Demers, Assistant Joseph H. Hunt, Assistant Attorney General, Mary Jo White, Chair, U.S. Lisa Osofsky, Attorney General, Civil Division, National Security Division, Securities and Exchange Director, Serious U.S. Department of Justice U.S. Department of Justice Commission Fraud Office, U.K. IV History and Mission The Program on Corporate Compliance and Enforcement (PCCE) at NYU School of Law is a law and policy program created to promote effective enforcement and compliance. Each year PCCE hosts conferences and forums, bringing together some of the most prominent aca- demics, lawyers, and judges in the world for in-depth discussions about how to structure enforcement policy and compliance to effectively deter corporate misconduct. By gathering experts with diverse experi- ence and viewpoints, we undertake the collaborative process of understanding and deterring corporate misconduct; building efficient, effective, and sustain- able compliance programs; and establishing a fair and just process in accomplishing these goals. -
Ted Cruz Promoted Himself and Conservative Causes As Texas’ Solicito
FORMER STATE SOLICITORS GENERAL AND OTHER STATE AG OFFICE ATTORNEYS WHO ARE ACTIVE JUDGES by Dan Schweitzer, Director and Chief Counsel, Center for Supreme Court Advocacy, National Association of Attorneys General March 18, 2021 Former State Solicitors General (and Deputy Solicitors General) Federal Courts of Appeals (11) Jeffrey Sutton – Sixth Circuit (Ohio SG) Timothy Tymkovich – Tenth Circuit (Colorado SG) Kevin Newsom – Eleventh Circuit (Alabama SG) Allison Eid – Tenth Circuit (Colorado SG) James Ho – Fifth Circuit (Texas SG) S. Kyle Duncan – Fifth Circuit (Louisiana SG) Andrew Oldham – Fifth Circuit (Texas Deputy SG) Britt Grant – Eleventh Circuit (Georgia SG) Eric Murphy – Sixth Circuit (Ohio SG) Lawrence VanDyke – Ninth Circuit (Montana and Nevada SG) Andrew Brasher – Eleventh Circuit (Alabama SG) State High Courts (6) Stephen McCullough – Virginia Supreme Court Nels Peterson – Georgia Supreme Court Gregory D’Auria – Connecticut Supreme Court John Lopez – Arizona Supreme Court Sarah Warren – Georgia Supreme Court Monica Marquez – Colorado Supreme Court (Deputy SG) State Intermediate Appellate Courts (8) Kent Cattani – Arizona Court of Appeals Karen King Mitchell – Missouri Court of Appeals Kent Wetherell – Florida Court of Appeals (Deputy SG) Scott Makar – Florida Court of Appeals Timothy Osterhaus – Florida Court of Appeals Peter Sacks – Massachusetts Court of Appeals Clyde Wadsworth – Hawaii Intermediate Court of Appeals Gordon Burns – California Court of Appeal (Deputy SG) Federal District Court (11) Gary Feinerman – Northern -
Examining the Demographic Compositions of U.S. Circuit and District Courts
GETTY STEELE IMAGES/KIM Examining the Demographic Compositions of U.S. Circuit and District Courts By Democracy and Government Reform Team February 2020 WWW.AMERICANPROGRESS.ORG Examining the Demographic Compositions of U.S. Circuit and District Courts By Democracy and Government Reform Team February 2020 Contents 1 Introduction and summary 7 The demographic compositions of the U.S. Courts of Appeals 10 1st Circuit 23 8th Circuit 12 2nd Circuit 25 9th Circuit 14 3rd Circuit 27 10th Circuit 16 4th Circuit 29 11th Circuit 18 5th Circuit 31 D.C. Circuit 20 6th Circuit 32 Federal Circuit 22 7th Circuit 33 The demographic compositions of the U.S. District Courts 36 District courts housed 66 District courts housed within the 1st Circuit within the 7th Circuit 39 District courts housed 71 District courts housed within the 2nd Circuit within the 8th Circuit 44 District courts housed 76 District courts housed within the 3rd Circuit within the 9th Circuit 48 District courts housed 86 District courts housed within the 4th Circuit within the 10th Circuit 54 District courts housed 91 District courts housed within the 5th Circuit within the 11th Circuit 60 District courts housed 97 District court housed within the 6th Circuit within the D.C. Circuit 110 Conclusion 111 Endnotes Introduction and summary Authors’ note: This report reflects data as of November 18, 2019. Its main goal is to provide advocates and policymakers with an accessible resource demonstrating general trends pertaining to the lack of demographic diversity across all of the lower federal courts. Some individual data points may have altered slightly between November and publication and are not reflected within this report. -
OEA 2018 Election Guide
OEA 2018 Election Guide Read the full responses from all participating candidates at okea.org/legislative. 1 2018 Election Guide: Table of Contents State Senate Page 7 State House of Representatives Page 30 Statewide Elections Page 107 Congress Page 117 Judicial Elections Page 123 State Questions Page 127 Candidate Recommendaitons Page 133 Need help? Contact your regional team. The Education Focus (ISSN 1542-1678) Oklahoma City Metro, Northwest, Southeast is published quarterly for $5 and Southwest Teams by the Oklahoma Education Association, The Digital Education Focus 323 E. Madison, Okla. City, OK 73105 323 E. Madison, Oklahoma City, OK 73105. 800/522-8091 or 405/528-7785 Periodicals postage paid at Okla. City, OK, Volume 35, No. 4 and additional mailing offices. The Education Focus is a production Northeast and Tulsa Metro Teams POSTMASTER: Send address changes of the Oklahoma Education Association’s 10820 E. 45th , Suite. 110, Tulsa, OK, 74146 to The Education Focus, PO Box 18485, Communications Center. 800/331-5143 or 918/665-2282 Oklahoma City, OK 73154. Alicia Priest, President Katherine Bishop, Vice President Join the conversation. David DuVall, Executive Director okea.org Amanda Ewing, Associate Executive Director Facebook – Oklahoma.Education.Association Doug Folks, Editor and Student.Oklahoma.Education.Association Bill Guy, Communications twitter.com/okea (@okea) Carrie Coppernoll Jacobs, Social Media instagram.com/insta_okea Jacob Tharp, Center Assistant pinterest.com/oeaedupins Read the full responses from all participating candidates at okea.org/legislative. 2 2018 Election Guide Now is the time to persevere Someone once said that “Perseverance is the hard work you do after you get tired of the hard work you already did.” NOW is the time to roll up our sleeves, dig in, and persevere! When walkout at the apitol was over, I stood in a press conference with my colleagues and announced that what we didn’t gain this legislative session, we would next gain in the next. -
{PDF EPUB} Supreme Disorder Judicial Nominations and The
Read Ebook {PDF EPUB} Supreme Disorder Judicial Nominations and the Politics of America's Highest Court by Ilya Shapiro Trump Should Add These People to His Supreme Court List | Opinion. Four years ago, one of the ways that then-presidential candidate Donald Trump disrupted the campaign was by publicly revealing a list of potential Supreme Court nominees, which he later expanded and pledged to pick from. Justice Antonin Scalia's passing in February 2016 had elevated the political potency of the Supreme Court in the election even more directly than would the usual debates over abortion, guns and other legal controversies. If Hillary Clinton had been able to appoint Scalia's successor, so many policy areas would be headed in substantially different directions. Instead, Trump produced a list of judges that held the Republican coalition together and, ultimately, attracted swing voters in key states. Now, having appointed two justices from that list, the president heads into a re-election campaign where the Supreme Court, and judicial appointments more broadly, is no less of an issue than it was four years ago. Justice Ruth Bader Ginsburg's recent cancer treatment is just the latest health concern this 87-year-old progressive icon has faced. She's obviously trying to outlive the Trump presidency, but another come-from-behind win this November would make that hard. And don't forget that Justice Stephen Breyer just turned 82—while Justice Clarence Thomas is 72, after serving nearly 30 years on the Court, and Justice Samuel Alito is 70 and may be getting restless after 15 years of his own service.