Becoming Chief Justice: the Nomination and Confirmation Of
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CSCHS News Spring/Summer 2015
California Supreme Court Historical Society newsletter · s p r i n g / summer 2015 Righting a WRong After 125 Years, Hong Yen Chang Becomes a California Lawyer Righting a Historic Wrong The Posthumous Admission of Hong Yen Chang to the California Bar By Jeffrey L. Bleich, Benjamin J. Horwich and Joshua S. Meltzer* n March 16, 2015, the 2–1 decision, the New York Supreme California Supreme Court Court rejected his application on Ounanimously granted Hong the ground that he was not a citi- Yen Chang posthumous admission to zen. Undeterred, Chang continued the State Bar of California. In its rul- to pursue admission to the bar. In ing, the court repudiated its 125-year- 1887, a New York judge issued him old decision denying Chang admission a naturalization certificate, and the based on a combination of state and state legislature enacted a law per- federal laws that made people of Chi- mitting him to reapply to the bar. The nese ancestry ineligible for admission New York Times reported that when to the bar. Chang’s story is a reminder Chang and a successful African- of the discrimination people of Chi- American applicant “were called to nese descent faced throughout much sign for their parchments, the other of this state’s history, and the Supreme students applauded each enthusiasti- Court’s powerful opinion explaining cally.” Chang became the only regu- why it granted Chang admission is Hong Yen Chang larly admitted Chinese lawyer in the an opportunity to reflect both on our United States. state and country’s history of discrimination and on the Later Chang applied for admission to the Califor- progress that has been made. -
Annual Report 1995
19 9 5 ANNUAL REPORT 1995 Annual Report Copyright © 1996, Board of Trustees, Photographic credits: Details illustrated at section openings: National Gallery of Art. All rights p. 16: photo courtesy of PaceWildenstein p. 5: Alexander Archipenko, Woman Combing Her reserved. Works of art in the National Gallery of Art's collec- Hair, 1915, Ailsa Mellon Bruce Fund, 1971.66.10 tions have been photographed by the department p. 7: Giovanni Domenico Tiepolo, Punchinello's This publication was produced by the of imaging and visual services. Other photographs Farewell to Venice, 1797/1804, Gift of Robert H. and Editors Office, National Gallery of Art, are by: Robert Shelley (pp. 12, 26, 27, 34, 37), Clarice Smith, 1979.76.4 Editor-in-chief, Frances P. Smyth Philip Charles (p. 30), Andrew Krieger (pp. 33, 59, p. 9: Jacques-Louis David, Napoleon in His Study, Editors, Tarn L. Curry, Julie Warnement 107), and William D. Wilson (p. 64). 1812, Samuel H. Kress Collection, 1961.9.15 Editorial assistance, Mariah Seagle Cover: Paul Cezanne, Boy in a Red Waistcoat (detail), p. 13: Giovanni Paolo Pannini, The Interior of the 1888-1890, Collection of Mr. and Mrs. Paul Mellon Pantheon, c. 1740, Samuel H. Kress Collection, Designed by Susan Lehmann, in Honor of the 50th Anniversary of the National 1939.1.24 Washington, DC Gallery of Art, 1995.47.5 p. 53: Jacob Jordaens, Design for a Wall Decoration (recto), 1640-1645, Ailsa Mellon Bruce Fund, Printed by Schneidereith & Sons, Title page: Jean Dubuffet, Le temps presse (Time Is 1875.13.1.a Baltimore, Maryland Running Out), 1950, The Stephen Hahn Family p. -
Hastings Law News Vol.18 No.2 UC Hastings College of the Law
University of California, Hastings College of the Law UC Hastings Scholarship Repository Hastings Law News UC Hastings Archives and History 11-1-1984 Hastings Law News Vol.18 No.2 UC Hastings College of the Law Follow this and additional works at: http://repository.uchastings.edu/hln Recommended Citation UC Hastings College of the Law, "Hastings Law News Vol.18 No.2" (1984). Hastings Law News. Book 132. http://repository.uchastings.edu/hln/132 This Book is brought to you for free and open access by the UC Hastings Archives and History at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law News by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Hastings College of the Law Nov. Dec. 1984 SUPREME COURT'S SEVEN DEADLY SINS "To construe and build the law - especially constitutional law - is 4. Inviting the tyranny of small decisions: When the Court looks at a prior decision to choose the kind of people we will be," Laurence H. Tribe told a and decides it is only going a little step further a!ld therefore doing no harm, it is look- ing at its feet to see how far it has gone. These small steps sometimes reduce people to standing-room-only audience at Hastings on October 18, 1984. Pro- things. fessor Tribe, Tyler Professor of Constitutional Law at Harvard, gave 5. Ol'erlooking the constitutil'e dimension 0/ gOl'ernmental actions and what they the 1984 Mathew O. Tobriner Memorial Lecture on the topic of "The sa)' about lIS as a people and a nation: Constitutional decisions alter the scale of what Court as Calculator: the Budgeting of Rights." we constitute, and the Court should not ignore this element. -
IRA MARK ELLMAN Professor and Willard H. Pedrick Distinguished Research Scholar Sandra Day O'connor College of Law Arizona
IRA MARK ELLMAN Professor and Willard H. Pedrick Distinguished Research Scholar Sandra Day O’Connor College of Law Arizona State University Tempe, Arizona 85287-7906 (480) 965-2125 http://www.law.asu.edu/HomePages/Ellman/ EDUCATION: J.D. Boalt Hall School of Law, University of California, Berkeley (June, 1973). Head Article Editor, California Law Review. Order of the Coif. M.A. Psychology, University of Illinois, Urbana, Illinois (October, 1969). National Institute of Mental Health Fellowship. B.A. Psychology, Reed College, Portland, Oregon (May, 1967). Nominated, Woodrow Wilson Fellowship. JUDICIAL CLERKSHIPS: Associate Justice William O. Douglas United States Supreme Court, 1973-74. Associate Justice Mathew Tobriner, California Supreme Court, 1/31/72 through 6/5/72. PERMANENT AND VISITING AFFILIATIONS: 5/81 to Present: Professor of Law and (since 2001) Willard H. Pedrick Distinguished Research Scholar, Arizona State University. 9/2003 to Present Affiliate Faculty Member, Center for Child and Youth Policy, University of California at Berkeley. 9/2010 to 12/2010 Visiting Fellow Commoner, Trinity College, University of Cambridge 6/2007 to 12/2007 Visiting Scholar, Center for the Study of Law and Society, U.C. Berkeley 8/2006 to 12/2006 Visiting Professor of Law, Brooklyn Law School 10/95 to 5/2001 Chief Reporter, American Law Institute, for Principles of the Law of Family Dissolution. Justice R. Ammi Cutter Reporter, from June, 1998. (Reporter, 10/92-10/95; Associate Reporter, 2/91 to 10/92). 8/2005 to 12/2005 Visiting Scholar, School of Social Welfare, University of California, Berkeley 8/2004 to 12/2004 Visiting Scholar, Center for Law and Society, University of California, Berkeley 8/2003 to 12/2003 Visiting Scholar, Center for Law and Society, University of California, Berkeley 8/2000 to 5/2002 Visiting Professor, Hastings College of The Law, University of California. -
Jerry's Judges and the Politics of the Death Penalty
California Supreme Court Historical Society 2010 Student Writing Competition Second Place Entry “Jerry’s Judges and the Politics of the Death Penalty: 1977-1982” Joseph Makhluf Graduate Student in History California State University, Northridge Jerry’s Judges and the Politics of the Death Penalty: 1977-1982 On February 12, 1977, California Governor Jerry Brown nominated Rose Elizabeth Bird as Chief Justice of the California Supreme Court, making her the first female member of the Court.1 Along with Bird, Brown appointed Wiley W. Manuel as the first African American to serve on the Court.2 The Los Angeles Times wrote, “They are outstanding persons. They deserve confirmation. They bring the promise of new dimensions, new vitality, new qualities to a court already recognized as among the best.”3 Robert Pack wrote for the Los Angeles Times that with their nominations, “A genuine social revolution is taking place in Sacramento—bloodless, quiet and little discussed.”4 He further claimed, “Governor Edmund Brown Jr., not quite a thousand days in office, is slowly transferring power from the white, male elite groups where it has traditionally resided to the broader citizenry in California.”5 As of August 1, 1977, of 1,862 appointments by Governor Brown, 575 appointments went to women, 182 to Chicanos, 141 to blacks, 53 to Asians, 28 to American Indians, and nine to Filipinos, and he also appointed 65 consumer representatives to various boards and commissions. Jerry Brown‟s appointment of Rose Bird as the first female chief justice was immediately controversial, and she became the target of attacks from conservative groups who criticized her for being soft on crime. -
Highlights from a New Biography of Justice Stanley Mosk by Jacqueline R
California Supreme Court Historical Society newsletter · s p r i n g / summer 2014 A Life in The LAw The Longest-Serving Justice Highlights from a New Biography of Justice Stanley Mosk By Jacqueline R. Braitman and Gerald F. Uelmen* undreds of mourners came to Los Angeles’ future allies. With rare exceptions, Mosk maintained majestic Wilshire Boulevard Temple in June of cordial relations with political opponents throughout H2001. The massive, Byzantine-style structure his lengthy career. and its hundred-foot-wide dome tower over the bustling On one of his final days in office, Olson called Mosk mid-city corridor leading to the downtown hub of finan- into his office and told him to prepare commissions to cial and corporate skyscrapers. Built in 1929, the historic appoint Harold Jeffries, Harold Landreth, and Dwight synagogue symbolizes the burgeoning pre–Depression Stephenson to the Superior Court, and Eugene Fay and prominence and wealth of the region’s Mosk himself to the Municipal Court. Jewish Reform congregants, includ- Mosk thanked the governor profusely. ing Hollywood moguls and business The commissions were prepared and leaders. Filing into the rows of seats in the governor signed them, but by then the cavernous sanctuary were two gen- it was too late to file them. The secre- erations of movers and shakers of post- tary of state’s office was closed, so Mosk World War II California politics, who locked the commissions in his desk and helped to shape the course of history. went home, intending to file them early Sitting among less recognizable faces the next morning. -
Lessons from the Deukmejian Era for Contemporary California State Budgeting
FROM JERRYRIGGED TO PETERED OUT: LESSONS FROM THE DEUKMEJIAN ERA FOR CONTEMPORARY CALIFORNIA STATE BUDGETING Daniel J.B. Mitchell, UCLA HoSu Wu Professor of Management and Public Policy The new governor took office in the midst of a major state budget crisis. At the time he took office, it was unclear that state could pay its bills if drastic action were not taken. Yet the incoming governor was committed to a notaxincrease program. Through borrowing, the state managed to surmount its budget crisis. As the economy recovered and resulting tax revenue flowed in, it even was able to engage in major construction projects. When he stood for re election, the governor was overwhelmingly returned to office for a second term. Sadly, however, the economy began to slow during that second term. Fears mounted that the state could face a renewed budget crisis. This description may seem to depict the career to date of Arnold Schwarzenegger. He inherited a budget crisis from Gray Davis who he replaced in the 2003 recall. But the introductory vignette actually refers to the story of George Deukmejian (“Duke”) who was first elected in 1982, inheriting a budget crisis from Jerry Brown. (Deukmejian’s construction projects leaned towards prisons for most of his terms in office, needed as state sentencing laws tightened, rather than the roads and other infrastructure pushed by Schwarzenegger.) And as it turned out, the economic downturn that began to take shape towards the end of Deukmejian’s second term indeed did produce a major budget crisis, a legacy he left for his successor, Pete Wilson. -
The California Recall History Is a Chronological Listing of Every
Complete List of Recall Attempts This is a chronological listing of every attempted recall of an elected state official in California. For the purposes of this history, a recall attempt is defined as a Notice of Intention to recall an official that is filed with the Secretary of State’s Office. 1913 Senator Marshall Black, 28th Senate District (Santa Clara County) Qualified for the ballot, recall succeeded Vote percentages not available Herbert C. Jones elected successor Senator Edwin E. Grant, 19th Senate District (San Francisco County) Failed to qualify for the ballot 1914 Senator Edwin E. Grant, 19th Senate District (San Francisco County) Qualified for the ballot, recall succeeded Vote percentages not available Edwin I. Wolfe elected successor Senator James C. Owens, 9th Senate District (Marin and Contra Costa counties) Qualified for the ballot, officer retained 1916 Assemblyman Frank Finley Merriam Failed to qualify for the ballot 1939 Governor Culbert L. Olson Failed to qualify for the ballot Governor Culbert L. Olson Filed by Olson Recall Committee Failed to qualify for the ballot Governor Culbert L. Olson Filed by Citizens Olson Recall Committee Failed to qualify for the ballot 1940 Governor Culbert L. Olson Filed by Olson Recall Committee Failed to qualify for the ballot Governor Culbert L. Olson Filed by Olson Recall Committee Failed to qualify for the ballot 1960 Governor Edmund G. Brown Filed by Roderick J. Wilson Failed to qualify for the ballot 1 Complete List of Recall Attempts 1965 Assemblyman William F. Stanton, 25th Assembly District (Santa Clara County) Filed by Jerome J. Ducote Failed to qualify for the ballot Assemblyman John Burton, 20th Assembly District (San Francisco County) Filed by John Carney Failed to qualify for the ballot Assemblyman Willie L. -
Cruz Reynoso, California's First Latino California Supreme Court Justice
APPRECIATION Cruz Reynoso, California’s First Latino California Supreme Court Justice BY MARIA LA GANGA, GUSTAVO ARELLANO AND LEILA MILLER ruz Reynoso, a son of migrant workers who Supreme Court, he earned respect for his compassion. labored in the fields as a child and went on to He wrote the court’s opinion in a case that gave home- Cbecome the first Latino state Supreme Court jus- owners the precedent-setting right to sue airports for jet tice in California history, has died. noise that constituted a “continuing nuisance.” Reynoso passed away May 7 at an elder care facility And he penned the court’s opinion in a case that ruled in Oroville, according to his son, Len ReidReynoso. The non–English-speaking defendants must be provided cause of death was unknown. Reynoso was 90. with interpreters at every phase of the criminal process. In a legal career that spanned more than half a cen- Residents of the Golden State “require that all persons tury and took him from his first job in El Centro to tried in a California court understand what is happening Sacramento, the soft-spoken family man helped shape about them,” he wrote. “Who would have it otherwise?” and protect the first statewide, federally funded legal aid Reynoso had heatedly denied during the confirmation program in the country and guided young minority stu- process that he would favor the poor, minorities or crim- dents toward the law. inal defendants. And, during close questioning by Deuk- As an early director of California Rural Legal Assistance, mejian, he said that he would enforce the death penalty. -
From Jerry-Rigged to Petered Out: Lessons from the Deukmejian Era for Contemporary California State Budgeting
From Jerry-Rigged to Petered Out: Lessons from the Deukmejian Era for Contemporary California State Budgeting Daniel J.B. Mitchell• Revised: 9/1/07 The new governor took office in the midst of a major state budget crisis. At the time he took office, it was unclear that state could pay its bills if drastic action were not taken. Yet the incoming governor was committed to a no-tax-increase program. Through borrowing, the state managed to surmount its budget crisis. As the economy recovered and resulting tax revenue flowed in, it even was able to engage in major construction projects. When he stood for re-election, the governor was overwhelmingly returned to office for a second term. Sadly, however, the economy began to slow during that second term. Fears mounted that the state could face a renewed budget crisis. This description may seem to depict the career to date of Arnold Schwarzenegger. He inherited a budget crisis from Gray Davis who he replaced in the 2003 recall. But the introductory vignette actually refers to the story of George Deukmejian (“Duke”) who was first elected in 1982, inheriting a budget crisis from Jerry Brown. (Deukmejian’s construction projects leaned towards prisons for most of his terms in office, needed as state sentencing laws tightened, rather than the roads and other infrastructure pushed by Schwarzenegger.) And as it turned out, the economic downturn that began to take shape towards the end of Deukmejian’s second term indeed did produce a major budget crisis, a legacy he left for his successor, Pete Wilson. -
Contents SCHOOL of LAW
UCLA Contents SCHOOL OF LAW THE MAGAZINE OF THE SCHOOL OF LAW V OL. 25–NO. 1 FALL 2001 2 A MESSAGE FROM DEAN JONATHAN D. VARAT UCLA Magazine 2002 Regents of the University of California 4 THE JUDGES OF UCLA LAW UCLA School of Law 12 JUDGES AS ALTRUISTIC HIERARCHS Box 951476 Sidebars: Los Angles, California 90095-1476 Externships for Students in Judges’ Chambers Faculty who have clerked Jonathan D. Varat, Dean Kerry A. Bresnahan ‘89, Assistant Dean, External Affairs David Greenwald, Editorial Director for Marketing and 16 FACULTY Communications Services, UCLA Recent Publications by the Faculty Regina McConahay, Director of Communications, Kenneth Karst gives keynote address at the Jefferson Memorial Lecture UCLA School of Law William Rubenstein wins the Rutter Award Francisco A. Lopez, Manager of Publications and Graphic Grant Nelson honored with the University Distinguished Teaching Award Design Donna Colin, Director of Major Gifts Gary Blasi receives two awards Charles Cannon, Director of Annual and Special Giving Law Day Shines on Michael Asimow and Paul Bergman Kristine Werlinich, Director of Alumni Relations Teresa Estrada-Mullaney ‘77 and Laura Gomez conduct workshop on The Castle Press, Printer Institutional Racism Design,Tricia Rauen, Treehouse Design and Betty Adair, The Castle Press Photographers,Todd Cheney, Regina McConahay, Scott 25 MAJOR GIFTS Leadership in the Development office: Quintard, Bill Short and Mary Ann Stuehrmann 1 Assistant Dean Kerry Bresnahan ‘89 UCLA School of Law Board of Advisors Director of Major Gifts Donna Colin Michael Masin ’69, Co-Chair Director of Annual and Special Giving Charles Cannon Kenneth Ziffren ’65, Co-Chair William M. -
CALIFORNIA STATE UNIVERSITY, NORTHRIDGE Jerry's Judges And
CALIFORNIA STATE UNIVERSITY, NORTHRIDGE Jerry's Judges and the Politics of the Death Penalty: The Judicial Election of 1986 A thesis submitted in partial fulfillment of the requirements For the degree of Master of Arts In History By Joseph Makhluf May 2011 The thesis of Joseph Makhlufis approved: Thomas Maddux, PhD. Date Andrea Henderson, PhD. Date Josh Sides, PhD., Chair Date California State University, Northridge 11 Table of Contents Signature Page 11 Abstract IV Introduction 1 Chapter 1: The California Supreme Court, 1978-1982 5 Chapter 2: The 1978 Gubernatorial Election 10 Chapter 3: TheNew Right Attack on the Courts 14 Chapter 4: The Death Penalty in the United States 20 Chapter 5 The 1982 Gubernatorial Election 22 Chapter 6: The Death Penalty Cases 34 Chapter 7: The Rose Bird Court and the Death Penalty 36 Chapter 8: The Judicial Election of 1986 40 Chapter 9: The Business Cases 58 Chapter 10: ANew California 63 Chapter 11 : The Verdict 71 Bibliography 73 lll Abstract Jerry's Judges and the Politics of the Death Penalty: The Judicial Election of 1986 By Joseph Makhluf Master of Arts in History On February 12, 1977, California Governor Jerry Brown nominated Rose Elizabeth Bird as chief justice ofthe California Supreme Court, making her the first female member of the court. Throughout her tenure on the Court, Bird faced criticism over her stance on important economic and social issues facing the state such as Proposition 13 and the death penalty. Throughout the 1970s and 1980s numerous California politicians campaigned on law-and-order and anti-tax issues, and accusations of pro-defendant and anti-Proposition 13 rulings became the latest and most popular criticism of the Court by those such as Howard Jarvis and Attorney General George Deukmejian who would work hard to remove her and her liberal colleagues from the California Supreme Court.