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2013 Senate Letter
1200 18th STREET NW, Suite 501 • WASHINGTON DC 20036 PHONE: 202-296-6889 • FAX: 202-296-6895 • WWW.THEUSCONSTITUTION.ORG March 1, 2013 Hon. Harry Reid Majority Leader, United States Senate 522 Hart Senate Office Bldg Washington, DC 20510 Hon. Mitch McConnell Minority Leader, United States Senate 361-A Russell Senate Office Building Washington, DC 20510 Dear Majority Leader Reid and Minority Leader McConnell: We are writing on behalf of Constitutional Accountability Center, a public interest law firm, think tank and action center dedicated to fulfilling the progressive promise of the Constitution's text and history, to urge that Caitlin Halligan be confirmed promptly to the United States Court of Appeals for the District of Columbia Circuit. As discussed below, Ms. Halligan is exceptionally well-qualified to serve as a federal appellate court judge. Ms. Halligan’s nomination should have received, but did not receive, a yes-or-no vote on the Senate floor during the last Congress, but it must receive such a vote in 2013. When Ms. Halligan was first nominated in 2010, there were two vacancies on the D.C. Circuit; since then, two additional vacancies have opened up, including one just last month. This means that more than a third of the court’s seats -- four of eleven -- are now vacant. It would be contrary to the interests of justice for the Senate to continue to force this important court to do the nation’s business as understaffed as it is. There can be no genuine dispute that Ms. Halligan is overwhelmingly qualified to serve on the D.C. -
Articles Lightened Scrutiny
VOLUME 124 MARCH 2011 NUMBER 5 © 2011 by The Harvard Law Review Association ARTICLES LIGHTENED SCRUTINY Bert I. Huang TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... 1111 I. DEFERENCE ADRIFT? ........................................................................................................... 1116 A. The Judges’ Hypothesis .................................................................................................... 1118 B. In Search of Evidence ...................................................................................................... 1119 II. A NATURAL EXPERIMENT: “THE SURGE” ..................................................................... 1121 A. The Unusual Origins of the Surge ................................................................................... 1122 B. Toward a Causal Story ..................................................................................................... 1123 C. A Second Experiment ....................................................................................................... 1126 III. FINDINGS: LIGHTENED SCRUTINY ............................................................................... 1127 A. The Data ............................................................................................................................. 1127 B. Revealed Deference .......................................................................................................... -
Congressional Record—Senate S2263
April 1, 2008 CONGRESSIONAL RECORD — SENATE S2263 received over 10,000 calls in the last 6 supported filibusters of Republican office. So far in the 110th Congress, we months. nominees. have confirmed only six appeals court This is a sign from the foreclosure I have not taken a partisan approach nominees for President Bush. hotline in Colorado. Since it was first to judicial confirmations. But I must Now, to meet the historical average, formed, this consortium between the say that today this body is failing to we will have to confirm 44 district government, the private sector, and do its confirmation duty. court and 11 appeals court nominees in nonprofit organizations, more than At both stages in the confirmation the next several months. If anyone be- 29,000 people in Colorado have called process—in the Judiciary Committee lieves that will happen, I have some this hotline. and on the Senate floor—Democrats oceanfront property in the Utah desert This legislation will go a long way are failing to meet not only historical I would like to sell them. toward helping us implement this kind standards but their own standards as Even if we did the completely unex- of program all the way across the coun- well. Democrats have vowed not to pected, President Bush would still try. The American dream of home own- treat President Bush’s nominees the leave office with a much smaller im- ership is today a dream which is be- way Republicans treated President pact on the Federal bench than his coming nebulous for the people of our Clinton’s nominees. -
Remarks on Presenting the National Medal of Arts and National Humanities Medal November 15, 2007
Administration of George W. Bush, 2007 / Nov. 15 1503 the American people from terrorist threats. now be vacant. In a time of war, it’s vital He must ensure that we do everything within that these positions be filled quickly. So in the law to defend the security of all Ameri- consultation with the Attorney General, I will cans, while at the same time protecting the announce tomorrow my nominations for sev- liberty of all Americans. eral of these senior leadership positions. And Judge Michael Mukasey is the right man I look forward to working with the Senate to take on these vital challenges. Michael un- to fill these important positions at the Justice derstands the law from both sides of the Department, so that America has the strong- bench. He served for more than 18 years as est, most capable national security team in a U.S. District Court judge in New York, in- place. cluding 6 years as the chief judge. He was As he embarks on his new responsibilities, a lawyer in private practice. He served as an Michael Mukasey has my complete trust and Assistant United States Attorney in Manhat- confidence. And he’s going to have the trust tan, where he headed the Official Corruption and confidence of the men and women of Unit. the Department of Justice. The people here Judge Mukasey also understands the chal- are good people, hard-working Americans. lenges facing our Nation in this time of war. From the headquarters to U.S. Attorneys of- He has written wisely on matters of constitu- fices to remote posts overseas, these fine tional law and national security. -
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. -
Nysba Spring 2017 | Vol
NYSBA SPRING 2017 | VOL. 23 | No. 1 Commercial and Federal Litigation Section Newsletter A publication of the Commercial and Federal Litigation Section of the New York State Bar Association www.nysba.org/ComFed Upcoming Commercial and Federal Litigation Section Events and Co-Sponsored Events Thursday, March 30, 2017 Legal Ethics in the Digital Age: Practical Strategies for Using Technology Ethically in Your Practice Live CLE Program and Webcast | 9:00 a.m. to 1:00 p.m. | Executive Conference Center | NYC Renowned speakers on ethics, social media and electronic discovery. Learn the ins and outs of protecting privilege in elec- tronic communications. Speakers will also cover managing records in the cloud and organizing client fi les. A panel discus- sion on the do’s and don’ts of attorney social media use and advice to clients. 4.0 MCLE Credits in Ethics. Co-Sponsored by the Commercial and Federal Litigation Section, the Committee on CLE and the Law Practice Management Committee. Basic Lessons on Ethics and Civility 2017 (held in 5 locations) Live CLE Program and Webcast | 9:00 a.m. to 1:00 p.m. Wednesday, April 5, 2017 in NYC | Friday, April 7, 2017 in Albany | Friday, April 7, 2017 in Rochester Friday, April 28, 2017 | in Amherst | Friday, April 28, 2017 in Melville A sound ethical compass and a civil and professional demeanor are the hallmarks of successful and respected attorneys in all areas of practice. This four hour program will provide attendees with an update on developments in the area of attorney eth- ics, including the most recent case law. -
Informing the Public About the U.S. Supreme Court's Work Ruth Bader Ginsberg Supreme Court of the United States
Loyola University Chicago Law Journal Volume 29 Article 2 Issue 2 Winter 1998 1998 Informing the Public about the U.S. Supreme Court's Work Ruth Bader Ginsberg Supreme Court of the United States Follow this and additional works at: http://lawecommons.luc.edu/luclj Part of the Legal Education Commons Recommended Citation Ruth B. Ginsberg, Informing the Public about the U.S. Supreme Court's Work, 29 Loy. U. Chi. L. J. 275 (1998). Available at: http://lawecommons.luc.edu/luclj/vol29/iss2/2 This Speech is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago Law Journal by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. Address Informing the Public about the U.S. Supreme Court's Work Ruth Bader Ginsburg* My remarks this afternoon concern informing the public about the work the Supreme Court does. I will speak of efforts simply to describe the Court's actions (both in-house efforts and press reports), and also of feedback on the Court's dispositions-comment on, or criticism of, the Court's work from people who keep us alert to our fallibility, reviewers who stimulate us to try harder, especially to write more comprehensibly. I. The Court speaks primarily through its opinions. It holds no press conferences and its members appear on no talk shows. But we try, in several ways, to advance public understanding of the Court's role and judgments. On mornings when decisions are announced, opinion authors read aloud in the Courtroom short bench statements, running three to ten minutes in length, summarizing what the Court held and the principal reasons for the decision. -
60 Groups Demand GOP & Dems Move Judicial Nominees
1920 L Street, N.W. | Suite 200 | Washington, DC 20036 FOR IMMEDIATE RELEASE: February 13, 2008 CONTACT: Curt Levey, (202) 270-7748, [email protected] 60 Groups Demand GOP & Dems Move Judicial Nominees 15 Appeals Court Nominees Must Reach Senate Floor DC Cir. Nominee Keisler is “Highest Priority” WASHINGTON, DC - Today, a coalition of about 60 organizations – led by the Committee for Justice (CFJ) – delivered a letter to each of the 19 members of the Senate Judiciary Committee “to express our deep concern about the lack of progress in 2007 in reporting judicial nominees . out of the Judiciary Committee, and to discuss reasonable expectations for progress on this issue in 2008.” The coalition cites “the remarkably low approval ratings for the 110th Congress” and decries the fact that “a year into the 110th Congress, the Judiciary Committee has held hearings for only four appeals court nominees and has voted on only six. As a result, the full Senate has fallen far short of the confirmation pace necessary to meet the historical average of 17 circuit court confirmations during a president’s final two years in office [with] opposition control of the Senate.” “This letter is aimed at both Republican and Democratic senators,” explained CFJ executive director Curt Levey. “Both parties have good reason to make this a priority. Senate Democrats remember that in 2004, the last time judicial nominees were an election issue in Senate races, the issue cost them and their leader, Tom Daschle, dearly. As for Republicans, Ranking Member Arlen -
A Conversation with Justice Ruth Bader Ginsburg and Professor Aaron Saiger*
THE ROBERT L. LEVINE DISTINGUISHED LECTURE A CONVERSATION WITH JUSTICE RUTH BADER GINSBURG AND PROFESSOR AARON SAIGER* DEAN MATTHEW DILLER: Ladies and gentlemen, my name is Matthew Diller. I have the honor and privilege of being the Dean of Fordham University School of Law. I sense the anticipation in this room is palpable. We are all incredibly excited to be here, and I want to welcome you to tonight’s Robert L. Levine Distinguished Lecture. Robert L. Levine, as your notes describe in more detail, was a member of the Fordham Law School great Class of 1926 and practiced law for sixty- two years. Before we begin the program, I would like to just say a few words of thanks and acknowledgement. We are grateful to the Levine family, who join us here this evening, for making this lecture possible. Because of their generosity, Fordham Law has been able to host many distinguished guests for this series, including Justice Sandra Day O’Connor, the late great Judge Judith Kaye, Judge Robert Katzmann, Judge Raymond Lohier, and of course our illustrious guest tonight, Ruth Bader Ginsburg. I would like to thank our President of Fordham University, Father Joseph McShane, and our Provost, Dr. Stephen Freedman, who join us here this evening. I would also like to acknowledge my colleague, Dean Emerita Nina Appel of Loyola University Chicago, who has made a special trip here this evening to be with her good friend Justice Ginsburg. I would like to thank the Fordham Law Review for organizing this event and, in particular, the Review editor Alexa West and members of her family, Joyce West and Jerome Leitner, who are friends of Justice Ginsburg. -
Filling the D.C. Circuit Vacancies Carl W
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2015 Filling the D.C. Circuit Vacancies 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, Judges Commons, and the President/Executive Department Commons Recommended Citation Carl W. Tobias, Filling the D.C. Circuit Vacancies, 91 Ind. L.J. 121 (2015). 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]. INDIANA LAW JOURNAL Volume 91 Number 1 Early Winter 2015 © Copyright 2015 by the Trustees of Indiana University CONTENTS SYMPOSIUM: ACADEMIC FREEDOM FOR THE NEXT 100 YEARS FOREW ORD .............................................................................. Steve Sanders 1 THE SOCIAL VALUE OF ACADEMIC FREEDOM DEFENDED ...... J. PeterByrne 5 ACADEMIC DUTY AND ACADEMIC FREEDOM .............................. Amy Gajda 17 THE REGRETTABLE UNDERENFORCEMENT OF INCOMPETENCE AS CAUSE To DISMISS TENURED FACULTY ............... David M Rabban 39 AAUP 1915 STATEMENT ON ACADEMIC FREEDOM ....................................... 57 ARTICLES THE GOVERNMENT'S LIES AND THE CONSTITUTION ................ Helen Norton 73 FILLING THE D.C. CIRCUIT VACANCIES ...................................... Carl Tobias 121 NOTES INCENTIVIZING THE PROTECTION OF PERSONALLY IDENTIFYING CONSUMER DATA AFTER THE HOME DEPOT BREACH ............................... Ryan F. Manion 143 No ORDINARY FISH TALE: WORKING TOWARD A TRANSNATIONAL SOLUTION TO THE COD CRISIS IN THE GULF OF MAINE ............ Michael Ruderman 165 Filling the D.C. Circuit Vacancies CARL TOBIAS* IN TR OD UCTION ..................................................................................................... -
Advisory Committee on Civil Rules
ADVISORY COMMITTEE ON CIVIL RULES Santa Fe, NM October 28-29, 2004 Volume I AGENDA ADVISORY COMMITTEE ON CIVIL RULES OCTOBER 28-29, 2004 1. Report on Judicial Conference Session A. Standing Rules Committee report to Judicial Conference B. Minutes of June 17-18, 2004, Standing Rules Committee meeting C. Pending legislation 2. ACTION - Approving minutes of April 15-16, 2004, committee meeting 3. ACTION- Approving proposed amendment to Rule 5(e) and transmitting it to the Standing Rules Committee for publication on an expedited basis 4. Style Project: A. ACTION - Approving publication of proposed restyled Rules 64 to 86 and Rule 23 B. ACTION - Approving publication of noncontroversial style-substance amendments to Rules 64 to 86 C ACTION - Approving proposed amendments resolving "global issues" and "top-to- bottom" review of the entire set of rules for transmittal to Standing Rules Committee for publication 5 ACTION - Approving proposed new Rule 5 1 and transmitting it to the Standing Rules Committee for publication 6 ACTION - Approving proposed recommendation on sealed settlements 7 Consideration of proposed privacy rule template implementing E-Government Act of 2002 8. Report on proposed projects. A. Rule 62.1 - indicative rulings B. Rule 48 - polling of jury C. Rule 30(b)(6) - limiting use of depositions of corporate officials D. Computing time limits consistent with other sets of rules of procedure E. Considering deleting rules that overlap Evidence Rules 9. Next meetings: Hearings on electronic discovery in January 2005 Meeting in Washington, D C in April 2005 ADVISORY COMMITTEE ON CIVIL RULES October 2004 Chair: Honorable Lee H. -
Visiting Judges
Visiting Judges Marin K. Levy* Despite the fact that Article III judges hold particular seats on particular courts, the federal system rests on judicial interchangeability. Hundreds of judges “visit” other courts each year and collectively help decide thousands of appeals. Anyone from a retired Supreme Court Justice to a judge from the U.S. Court of International Trade to a district judge from out of circuit may come and hear cases on a given court of appeals. Although much has been written about the structure of the federal courts and the nature of Article III judgeships, little attention has been paid to the phenomenon of “sitting by designation”—how it came to be, how it functions today, and what it reveals about the judiciary more broadly. This Article offers an overdue account of visiting judges. It begins by providing an origin story, showing how the current practice stems from two radically different traditions. The first saw judges as fixed geographically, and allowed for visitors only as a stopgap measure when individual judges fell ill or courts fell into arrears with their cases. The second assumed greater fluidity within the courts, requiring Supreme Court Justices to ride circuit—to visit different regions and act as trial and appellate judges—for the first half of the Court’s history. These two traditions together provide the critical context for modern-day visiting. DOI: https://doi.org/10.15779/Z38ZK55M67 Copyright © 2019 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications.