RESUME PAUL BENDER Professor of Law Arizona State University
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RESUME PAUL BENDER Professor of Law Arizona State University Addresses: Office: College of Law Arizona State University Box 877906 Tempe, Arizona 85287-7906 Tel: (480) 965-2556 Fax: (480) 727-6973 Home: 2222 North Alvarado Road Phoenix, Arizona 85004 Tel: (602) 253-8192 Fax: (602) 253-8192 Personal Information: Born, 1933, Brooklyn, New York. Married, 1955, to Margaret Thomas (A.B., Radcliffe College, 1955). Children: John F. (born 1965); Matthew L. (born 1967). Education: A.B., Harvard College, 1954, cum laude (physics). LL.B., Harvard Law School, 1957, magna cum laude (rank: 3rd of 505). Editorial Board, Harvard Law Review, Volumes 69 and 70; Developments and Supreme Court Note Editor, Volume 70. Research Assistant to Professor Benjamin Kaplan, Harvard Law School, Summer, 1958 (copyright law revision study on registration of copyright). 2008 Paul Bender Page 2 Clerkships and Fellowships: Frederick Sheldon Traveling Fellow, Harvard University, 1957-1958; Law Clerk, Judge Learned Hand, United States Court of Appeals for the Second Circuit, 1958-1959; Law Clerk, Justice Felix Frankfurter, Supreme Court of the United States, 1959-1960. Employment: Academic: Assistant Professor, University of Pennsylvania Law School. 1960-1963; Visiting Assistant Professor, Stanford Law School, Summer, 1962; Associate Professor, University of Pennsylvania Law School, 1963-1966; Professor, University of Pennsylvania Law School, 1966-1984; Dean and Professor of Law, Arizona State University College of Law, 1984-1989; Professor of Law, 1989 to present.. Academic Subjects: Constitutional Law; Individual Rights; U.S. Supreme Court; Arizona Constitutional Law; Indian Law. Law Practice: Associate, Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y., 1957; Assistant to the Solicitor General of the United States, U.S. Department of Justice, Summer, 1963; Summer, 1964; 1965-1966; Principal Deputy Solicitor General of the United States, 1993-1996. Major Advisory Positions: Project Director, Study of Criminal Justice Reform in Philadelphia, Greater Philadelphia Movement, 1967-1968; 2008 Paul Bender Page 3 General Counsel, United States Commission on Obscenity and Pornography, 1968-1970; Senior Advisor and Reporter, Panel on Human Rights and United States Foreign Policy, United Nations Association of the USA, 1978-1979; Consultant, Canadian Department of Justice, Charter Litigation and Issues Relating to Free Expression and Equality Rights, 1984; Chair, Governor’s Task Force on Medical Malpractice Insurance, State of Arizona, 1988-89; Facilitator, National Dialogue Between the Museum Community and Indian Tribes Regarding Repatriation of Human Remains and Religious and Cultural Items, Heard Museum, Phoenix, AZ, 1989-90; Chair, State Bar of Arizona Committee on Implementation of Victims’ Rights Amendment to Arizona Constitution, 1990-91; Chair, Arizona Supreme Court Commission on Minorities in the Judiciary, 1991-93. Arbitrator for Gila River Indian Community in arbitration with State of Arizona regarding Indian Gaming, 1998; Neutral Arbitrator in arbitration between New Mexico Indian Tribes and the State of New Mexico regarding Indian gaming, 1998. Publications: Books: Cases and Materials on the Arizona Constitution (1997) with annual updates; Volume I, Political and Civil Rights in the United States, 4th ed. (with N. Dorsen and B. Neuborne), Little Brown & Co., 1976 (primary responsibility for Chapters on Privacy, Defamation, Obscenity, Commercial Speech, the Right to Travel and the Rights of Mental Patients, Prisoners and Military Personnel); Volume II, Political and Civil Rights in the United States, 4th ed. (with N. Dorsen, B. Neuborne, and S. Law), Little Brown & Co., 1979 (primary responsibility for Chapters on Equal Protection, State Action, Congressional Power, Post Civil War Legislation and Title VI of the 1964 Civil Rights Act); Supplements to Volumes I and II, Political and Civil Rights in the United States, 4th ed. (with N. Dorsen, B. Neuborne, S. Law and J. Gora), 1978, 1980, 1981, 1982; 2008 Paul Bender Page 4 Materials on Litigation, Reginald Heber Smith Community Lawyer Fellowship Program (with A. Amsterdam, 1968), (with A. Amsterdam and R. Sobel, 1969). Articles and Reviews: Student Notes: Developments in the Law, Defamation, 69 Harv. L. Rev. 875 (1956) (group note); Book Note: Professional Negligence, 69 Harv. L. Rev. 790 (1956); The Supreme Court, 1955 Term, 70 Harv. L. Rev. 95 (1956) (supervising editor); Developments in the Law, Remedies Against the United States and Its Officials, 70 Harv. L. Rev. 827 (1957) (supervising editor). Articles, Book Chapters, and Reviews: The Retroactive Effect of an Overruling Constitutional Decision, 110 U. Pa. L. Rev. 650 (1962); Product Simulation, 64 Colum. L. Rev. 1228 (1964); The Definition of “Obscene” Under Existing Law, in Vol. II, Technical Report of the Commission on Obscenity and Pornography (1970); Implications of Stanley v. Georgia, in Vol. II, Technical Report of the Commission on Obscenity and Pornography (1970); The Techniques of Subtle Erosion: The Nixon Court, Harper’s Magazine, December, 1972 (winner of American Bar Association Gavel Award, 1973); The Obscenity Muddle, Harper’s Magazine, February, 1973; The Privacies of Life, Harper’s Magazine, April, 1974; The Reluctant Court, Civil Liberties Review, Fall, 1975; Constitutional Law, in Society of American Law Teachers, Looking at Law School (Taplinger, 1977, 1984, 1996 revised ed.); 2008 Paul Bender Page 5 Book Review: The Brethren (by Woodward & Armstrong), 128 U. Pa. L. Rev. 716 (1980); The Judicial Protection of Rights, in The U.S. Bill of Rights and the Canadian Charter of Rights and Freedoms, W. R. McKercher, ed. (Ontario Economic Council, 1983); Justifications for Limiting Constitutionally Guaranteed Rights and Freedoms: The Proper Role of Section One of the Canadian Charter, 13 Manitoba L. J. 669(1983); Book Review: Is the Burger Court Really Like the Warren Court?, Review of “The Burger Court: The Counter-Revolution That Wasn’t” (Blasi, ed.), U. Mich. L. Rev. 635 (1984); Privacy, in Our Endangered Rights (Dorsen, ed.) (Pantheon Books, 1984); The Canadian Charter of Rights and Freedoms and the United States Bill of Rights: A Comparison, 28 McGill L.J. 811 (1983); The Obscenity and Pornography Report, in The Media, Social Science and Social Policy for Children: Different Paths to a Common Goal, Rubinstein & Brown, eds. (Ablex Publ. Corp., 1985); Free Expression, in The Limitation of Human Rights in Comparative Constitutional Law (Maestral, et al., eds.) (Les Editions Yvon Blais, Inc., 1986) Judicial Activism Under State Constitutions, 21 Rutgers L.J. 1113 (1990) (with E.M. Maltz); Constitutional Doctrines Relevant to Ethnic and Cultural Diversity in the United States, in Harmonizing Arizona’s Ethnic & Cultural Diversity, Background Report for 60th Arizona Town Hall (1992); 1990 Arizona Repatriation Legislation, 24 Az. St. L.J. 391 (1992); Community and the First Amendment, 29 Az. St. L.J. 485 (1997); The Arizona Supreme Court, Its 1997-1998 Decisions, 31 Az. St. L.J. 1 (1999); Foreword: The School Tax Credit Case – A Study in Constitutional Misinterpretation, 32 AZ. St. L.J. 1 (2000); 2008 Paul Bender Page 6 Does Copyright Violate the First Amendment?, In Kaplan, An Unhurried View of Copyright Republished with Contributions from Friends (Matthew Bender 2005); The Constitutionality of Proposed Federal Database Protection Legislation, 28 Dayton L.R. 143 (2003); Justice Stanley Feldman: An Extraordinary Judicial Career, 66 Albany L.R. 593 (2003); The Constitutionality of Campaign Finance Legislation After Buckley v. Valeo, 34 Az.St.L.J. 1106 (2002); Some Thoughts on the Interpretation of Arizona Constitutional Rights, 35 Az.St.L.J. 295 (2003). Other Writings: Conversation with Learned Hand (with L. Henkin) (unpublished, 1961); Police Brutality in Chester, Pennsylvania, March-April 1964, Report prepared for the Greater Philadelphia Branch of the American Civil Liberties Union, 1964; The 24-Hour Magistrate’s Court in Philadelphia, Report prepared for the Philadelphia District Attorney and the Greater Philadelphia Movement, 1968; Obscenity Controls, Consultant’s report for the National Commission on Reform of Federal Criminal Laws, (in Working Papers of the Commission, pp. 1203 et. seq., GPO 1970); Legal Considerations Relating to Erotica, Legal Panel Report of the Commission on Obscenity and Pornography, (in Report of the Commission, pp. 293, et. seq., 1980 (reporter and principal draftsperson); Legislative Recommendations and Drafts of Proposed Legislation, in Report of the Commission on Obscenity and Pornography, 1970, pp. 51 et. seq., 1980 (reporter and principal draftsperson); Cases and Materials on Federal Civil Rights Legislation (unpublished teaching materials, 1971); Cases and Materials on Prisoner’s Rights (unpublished teaching materials, 1972); 2008 Paul Bender Page 7 Materials for Law School 1: Contemporary Legal Issues (unpublished teaching materials for undergraduate course in constitutional law, Univ. of Pa., 1972); Encyclopedia Americana, “Obscenity,” (Vol. 20, p. 595, 1980); Report on the Deliberations of the Committee on Maintenance of Revolutionary Values, Bicentennial Conference on the United States Constitution (with M. Field) (American Academy of Political and Social Science, 1980; also in The Annals, July 1976); United States Foreign Policy and Human Rights: Principles, Priorities, Practice, United Nations Association of the USA, National Policy Panel Report, 1979 (reporter and principal draftsperson);