DOCSLIB.ORG

Committee on Rules of Practice and Procedure

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Committee on Rules of Practice and Procedure COMMITTEE ON RULES OF PRACTICE AND PROCEDURE Phoenix, AZ January 3, 2019 TABLE OF CONTENTS AGENDA ........................................................................................................................................5 1. OPENING BUSINESS A. Welcome and Opening Remarks ..................................................................23 B. Status of Rules Amendments Chart Tracking Proposed Rules Amendments ........................................27 September 2018 Report of the Committee on Rules of Practice and Procedure to the Judicial Conference of the United States .....................35 C. Draft Minutes of the June 12, 2018 Meeting of the Committee on Rules of Practice and Procedure .............................................................................69 2. ADVISORY COMMITTEE ON APPELLATE RULES A. Report of the Advisory Committee on Appellate Rules (December 5, 2018) ......................................................................................95 B. Draft Minutes of the October 26, 2018 Meeting of the Advisory Committee on Appellate Rules ...................................................................109 C. Proposed Amendments to Rules 35 and 40 Published for Public Comment (August 2018).............................................................................125 3. ADVISORY COMMITTEE ON BANKRUPTCY RULES A. Report of the Advisory Committee on Bankruptcy Rules (December 3, 2018) ....................................................................................133 B. Draft Minutes of the September 17, 2018 Meeting of the Advisory Committee on Bankruptcy Rules ................................................................141 C. Proposed Procedures for Restyling the Federal Rules of Bankruptcy Procedure ....................................................................................................151 Committee on Rules of Practice & Procedure | January 3, 2019 Page 3 of 328 4. ADVISORY COMMITTEE ON CIVIL RULES A. Report of the Advisory Committee on Civil Rules (December 4, 2018) ....................................................................................157 B. Draft Minutes of the November 1, 2018 Meeting of the Advisory Committee on Civil Rules ...........................................................................201 5. ADVISORY COMMITTEE ON CRIMINAL RULES A. Report of the Advisory Committee on Criminal Rules (December 4, 2018) ....................................................................................243 B. Draft Minutes of the October 10, 2018 Meeting of the Advisory Committee on Criminal Rules ....................................................................251 6. ADVISORY COMMITTEE ON EVIDENCE RULES A. Report of the Advisory Committee on Evidence Rules (November 15, 2018) ..................................................................................273 B. Draft Minutes of the October 19, 2018 Meeting of the Advisory Committee on Evidence Rules ....................................................................281 7. OTHER COMMITTEE BUSINESS A. Legislative Update ......................................................................................297 B. Judiciary Strategic Planning .......................................................................301 Attachment 1: Summary of Committee Strategic Initiatives ................303 Attachment 2: Summary Report of the September 12, 2018 Long-Range Planning Meeting .....................................309 C. Memorandum to the Standing Committee from Catherine T. Struve Regarding Rulemaking Procedures and Outside Submissions (December 13, 2018) ..................................................................................317 Attachment: Draft Website Language ..................................................325 Committee on Rules of Practice & Procedure | January 3, 2019 Page 4 of 328 JUDICIAL CONFERENCE OF THE UNITED STATES COMMITTEE ON RULES OF PRACTICE AND PROCEDURE JANUARY 3, 2019 AGENDA 1. Opening Business A. Welcome and Opening Remarks ‒ Judge David G. Campbell, Chair B. Status of Rules Amendments (p. 25) • Report on new rules amendments effective December 1, 2018 • Report on rules approved by the Judicial Conference at its September 2018 session and transmitted to the Supreme Court on October 24, 2018 (potential effective date December 1, 2019) • Report on rules out for public comment, including schedule of upcoming public hearings (potential effective date December 1, 2020) C. ACTION: The Committee will be asked to approve the minutes of the June 12, 2018 Committee meeting (p. 69) 2. Report of the Advisory Committee on Appellate Rules ‒ Judge Michael A. Chagares, Chair (p. 95) Information items • Proposed amendments to Rule 3 and the application of the merger rule • Proposal to Amend Rule 42(b) and agreed dismissals • Comprehensive review of Rules 35 and 40 • Possible amendments to Rule 4(a)(5)(C) in light of the Supreme Court’s decision in Hamer v. Neighborhood Hous. Servs. of Chicago, 138 S. Ct. 13 (2017) • Consideration of memo from the Committee on Court Administration and Case Management regarding privacy concerns in Social Security and immigration opinions • Consideration of suggestion regarding how to manage the vote of a judge who leaves the bench, whether by death, resignation, conviction at an impeachment trial, or expiration of a recess appointment Committee on Rules of Practice & Procedure | January 3, 2019 Page 5 of 328 3. Report of the Advisory Committee on Bankruptcy Rules ‒ Judge Dennis Dow, Chair (p. 133) ACTION: The Committee will be asked to approve a recommendation to undertake restyling of the Federal Rules of Bankruptcy Procedure Information items • Expansion of the use of Electronic Noticing and Service • Proposed amendment to Official Form 113 (Chapter 13 Plan Form) 4. Report of the Advisory Committee on Civil Rules ‒ Judge John D. Bates, Chair (p. 157) Information items • Ongoing projects o Report on the work of the Subcommittee on Multidistrict Litigation . Consideration of suggestions related to disclosure of third party financing o Report on the work of the Subcommittee on Social Security Disability Review Actions • Update on items considered and either retained for further study or removed from the agenda o Rule 73 (Magistrate Judges: Trial by Consent; Appeal) – consideration of suggestions related to consent to trial by a magistrate judge o Rule 7.1 (Disclosure Statement) – consideration of suggestions to expand the scope of required disclosure statements, including amending Rule 7.1 to include a nongovernmental corporation that seeks to intervene o Hall v. Hall, 138 S. Ct. 1118 (2018), and final judgment appeals in consolidated actions 5. Report of the Advisory Committee on Criminal Rules ‒ Judge Donald W. Molloy, Chair (p. 243) Information items • Ongoing projects o Rule 16 (Discovery and Inspection) – consideration of suggestions to expand pretrial discovery of expert witnesses . Mini-conference planned for February 15, 2019 (Dallas, Texas) o Report on the work of the Cooperators Subcommittee and the Director’s Task Force on Protecting Cooperators • Update on items considered and either retained for further study or removed from the agenda Committee on Rules of Practice & Procedure | January 3, 2019 Page 6 of 328 o Rule 43(a) (Defendant’s Presence – When Required) – subcommittee formed to consider possible exception to the requirement of physical presence for plea or sentence in light of United States v. Bethea, 888 F.3d 864 (7th Cir. 2018) o Time for ruling on habeas motions o Disclosure of defendant’s full name and date of birth 6. Report of the Advisory Committee on Evidence Rules ‒ Judge Debra Ann Livingston, Chair (p. 273) Information items • Roundtable discussion regarding: 1) Rule 702 and forensic evidence; 2) Rule 702 and sufficiency of basis and reliability of methodology under Rule 104(a); 3) Rule 106; and 4) Rule 615, the rule on excluding witnesses from trial until they testify, and possible amendments to each of these rules • Proposed amendments to Rule 404(b) published for public comment in August 2018. • Consideration of suggestion of a possible amendment to Rule 607 to incorporate portions of Maryland Rule of Evidence 616, which provides a “roadmap” to guide judges and practitioners on the rules that are pertinent to all forms of impeachment and rehabilitation, into the Federal Rules of Evidence • Monitoring of case law developments after Crawford v. Washington 7. Other Committee Business A. Legislative Update – Julie Wilson, Counsel B. Judiciary Strategic Planning – The Committee will discuss a report of the September12, 2018 long-range planning meeting of Judicial Conference committee chairs and members of the Executive Committee. (p. 301) C. Public Comment – The Committee will discuss procedures for consideration of public comments received at different stages of the Rules Enabling Act process. (p. 317) D. Next Meeting – June 25, 2019 (Washington, DC) Committee on Rules of Practice & Procedure | January 3, 2019 Page 7 of 328 THIS PAGE INTENTIONALLY BLANK Committee on Rules of Practice & Procedure | January 3, 2019 Page 8 of 328 COMMITTEE ON RULES OF PRACTICE AND PROCEDURE (Standing Committee) Chair, Standing Committee Honorable David G. Campbell United States District Court Sandra Day O'Connor United States Courthouse 401 West Washington Street, SPC 58 Phoenix, AZ 85003-2156 Reporter, Standing Committee Professor Daniel R. Coquillette Boston College Law School 885 Centre Street Newton Centre, MA 02459 Associate Reporter, Standing
Load more

Recommended publications
  • The Fellows of the American Bar Foundation
    THE FELLOWS OF THE AMERICAN BAR FOUNDATION 2015-2016 2015-2016 Fellows Officers: Chair Hon. Cara Lee T. Neville (Ret.) Chair – Elect Michael H. Byowitz Secretary Rew R. Goodenow Immediate Past Chair Kathleen J. Hopkins The Fellows is an honorary organization of attorneys, judges and law professors whose pro- fessional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Established in 1955, The Fellows encourage and support the research program of the American Bar Foundation. The American Bar Foundation works to advance justice through ground-breaking, independ- ent research on law, legal institutions, and legal processes. Current research covers meaning- ful topics including legal needs of ordinary Americans and how justice gaps can be filled; the changing nature of legal careers and opportunities for more diversity within the profession; social and political costs of mass incarceration; how juries actually decide cases; the ability of China’s criminal defense lawyers to protect basic legal freedoms; and, how to better prepare for end of life decision-making. With the generous support of those listed on the pages that follow, the American Bar Founda- tion is able to truly impact the very foundation of democracy and the future of our global soci- ety. The Fellows of the American Bar Foundation 750 N. Lake Shore Drive, 4th Floor Chicago, IL 60611-4403 (800) 292-5065 Fax: (312) 564-8910 [email protected] www.americanbarfoundation.org/fellows OFFICERS AND DIRECTORS OF THE Rew R. Goodenow, Secretary AMERICAN BAR FOUNDATION Parsons Behle & Latimer David A.
    [Show full text]
  • CAREERS DONALD SHUM ’13 Is an Associate at Cooley in New York City; ALYSSA KUHN ’13 Is Clerking for Judge Joseph F
    CAREERS DONALD SHUM ’13 is an associate at Cooley in New York City; ALYSSA KUHN ’13 is clerking for Judge Joseph F. Bianco of the Eastern District of New York after working as an associate at Gibson Dunn in New York; and ZACH TORRES-FOWLER ’12 is an associate at Pepper Hamilton in Philadelphia. THE CAREER SERVICES PROGRAM AT THE UNIVERSITY OF VIRGINIA SCHOOL OF LAW is one of the most successful among national law VIRGINIA ENJOYS A REPUTATION FOR PRODUCING LAWYERS who master the schools and provides students with a wide range of job intellectual challenges of legal practice, and also contribute broadly to the institutions they join through strong leadership and interpersonal skills. opportunities across the nation and abroad. AS A RESULT, PRIVATE- AND PUBLIC-SECTOR EMPLOYERS HEAVILY RECRUIT VIRGINIA STUDENTS EACH YEAR. Graduates start their careers across the country with large and small law firms, government agencies and public interest groups. ZACHARY REPRESENTATIVE RAY ’16 EMPLOYERS TAYLOR clerked for U.S. CLASSES OF 2015-17 STEFFAN ’15 District Judge clerked for Gershwin A. Judge Patrick Drain of the LOS ANGELES Higginbotham of Eastern District UNITED Hewlett Packard Enterprise Jones Day the 5th U.S. Circuit of Michigan STATES Dentons Jones Day Morgan, Lewis & Bockius Court of Appeals SARAH after law school, Howarth & Smith Reed Smith Morrison & Foerster in Austin, Texas, PELHAM ’16 followed by a ALABAMA Latham & Watkins Simpson Thacher & Bartlett Orrick, Herrington & before returning is an associate clerkship with BIRMINGHAM Mercer Consulting Sullivan & Cromwell Sutcliffe to Washington, with Simpson Judge Roger L. REDWOOD CITY D.C., to work for Thacher & Gregory of the Bradley Arant Boult Morgan, Lewis & Bockius Perkins Coie Covington Bartlett in New 4th U.S.
    [Show full text]
  • U.S. Judicial Branch 192 U.S
    U.S. G OVERNMENT IN N EBRASKA 191 U.S. JUDICIAL BRANCH 192 U.S. G OVERNMENT IN NEBRASKA U.S. JUDICIAL BRANCH1 U.S. SUPREME COURT U.S. Supreme Court Building: 1 First St. N.E., Washington, D.C. 20543, phone (202) 479-3000 Chief Justice of the United States: John G. Roberts, Jr. Article III, Section 1 of the U.S. Constitution provides that “the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The Supreme Court is composed of the chief justice of the United States and such number of associate justices as may be fi xed by Congress. The current number of associate justices is eight. The U.S. president nominates justices, and appointments are made with the advice and consent of the Senate. Article III, Section 1, further provides that “the Judges, both of the supreme and inferior Courts, shall hold their Offi ces during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Offi ce.” A justice may retire at age 70 after serving for 10 years as a federal judge or at age 65 after serving 15 years. The term of the court begins, by law, the fi rst Monday in October of each year and continues as long as the business before the court requires, usually until the end of June. Six members constitute a quorum. The court hears about 7,000 cases during a term.
    [Show full text]
  • Federal Criminal Litigation in 20/20 Vision Susan Herman
    Brooklyn Law School BrooklynWorks Faculty Scholarship 2009 Federal Criminal Litigation in 20/20 Vision Susan Herman Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Criminal Law Commons, and the Litigation Commons Recommended Citation 13 Lewis & Clark L. Rev. 461 (2009) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. FEDERAL CRIMINAL LITIGATION IN 20/20 VISION by Susan N. Herman* In this Article, the author examines three snapshots of the history of criminal litigation in the federal courts, from the years 1968, 1988, and 2008, with a view to predicting the future course of federal criminal adjudication. The author examines three different aspects offederal criminal litigation at these different points in time: 1) the volume and nature offederal criminal cases, 2) constitutional criminal procedure rules, and 3) federal sentencing, highlighting trends and substantial changes in each of those areas. Throughout the Article, the author notes the ways in which the future of federal criminal litigation greatly depends upon the politics of the future, includingpotential nominations to thefederal judiciary by President Barack Obama. I. IN T RO D U CT IO N ................................................................................ 461 II. CRIM INAL ADJUDICATION .............................................................. 462 III. CONSTITUTIONAL CRIMINAL PROCEDURE ............................... 467 IV. SE N T EN C IN G ...................................................................................... 469 V. C O N C LU SIO N ..................................................................................... 471 I. INTRODUCTION This Article was adapted from a speech given at the 40th anniversary celebration of the Federal Judicial Center, hosted by Lewis & Clark Law School in September, 2008, to congratulate the Federal Judicial Center on forty years of excellent work.
    [Show full text]
  • 2016 Summer Issue091216corrected.Indd
    A PUBLICATION OF THE SILHA CENTER FOR THE STUDY OF MEDIA ETHICS AND LAW | SUMMER 2016 Gawker Shuts Down After Losing Its Initial Appeal of $140 Million Judgment in Privacy Case n Aug. 22, 2016, celebrity and media gossip to an investigation that the FBI conducted into an alleged website Gawker ceased operations after losing extortion attempt against Hogan by a third party. The records its initial appeal of a $140 million judgment in a were unsealed on March 18 while jurors were deliberating and March 2016 trial court battle with Terry Bollea, contained statements that Hogan, Clem, and Cole gave to the better known as professional wrestler Hulk FBI under oath that directly contradicted sworn deposition OHogan. The closure came after several tumultuous months for statements given to Gawker’s attorneys in 2015. In April 2016, Gawker’s parent company, Gawker Media, in which Florida Gawker fi led motions in the Florida state trial court asking state courts denied motions that the $140 million judgment Judge Campbell to overturn the jury’s verdict or to greatly be stayed pending appeal, bankruptcy fi lings, and revelations reduce the damages awarded to Hogan. (For more on the that a billionaire tech entrepreneur funded Hogan’s lawsuit as background of the legal dispute between Gawker and Hogan, part of a personal vendetta against the media company. The see “Gawker Faces $140 Million Judgment after Losing Privacy fi nal blow against Gawker came on August 16 after Gawker Case to Hulk Hogan” in the Winter/Spring 2016 issue of the Media was sold during a bankruptcy auction to Univision Silha Bulletin.) Communications Inc., which opted to close down the gossip website.
    [Show full text]
  • United States Court of Appeals
    United States Court of Appeals Fifth Federal Judicial Circuit Louisiana, Mississippi, Texas Circuit Judges Priscilla R. Owen, Chief Judge ...............903 San Jacinto Blvd., Rm. 434 ..................................................... (512) 916-5167 Austin, Texas 78701-2450 Carl E. Stewart ......................................300 Fannin St., Ste. 5226 ............................................................... (318) 676-3765 Shreveport, LA 71101-3425 Edith H. Jones .......................................515 Rusk St., U.S. Courthouse, Rm. 12505 ................................... (713) 250-5484 Houston, Texas 77002-2655 Jerry E. Smith ........................................515 Rusk St., U.S. Courthouse, Rm. 12621 ................................... (713) 250-5101 Houston, Texas 77002-2698 James L. Dennis ....................................600 Camp St., Rm. 219 .................................................................. (504) 310-8000 New Orleans, LA 70130-3425 Jennifer Walker Elrod ........................... 515 Rusk St., U.S. Courthouse, Rm. 12014 .................................. (713) 250-7590 Houston, Texas 77002-2603 Leslie H. Southwick ...............................501 E. Court St., Ste. 3.750 ........................................................... (601) 608-4760 Jackson, MS 39201 Catharina Haynes .................................1100 Commerce St., Rm. 1452 ..................................................... (214) 753-2750 Dallas, Texas 75242 James E. Graves Jr. ................................501 E. Court
    [Show full text]
  • Barron Nomination Could Be on Senate Floor As Early As This Week
    WASHINGTON LEGISLATIVE OFFICE URGENT: BARRON NOMINATION COULD BE ON SENATE FLOOR AS EARLY AS THIS WEEK May 5, 2014 Re: Need for All Senators to Read Key OLC Opinions, Including Ones Authorizing the Killing of a United States Citizen Away from a Battlefield, Before Voting on the Nomination of their Author, David Barron, for the AMERICAN CIVIL United States Court of Appeals for the First Circuit LIBERTIES UNION WASHINGTON LEGISLATIVE OFFICE 915 15th STREET, NW, 6 TH FL Dear Senator: WASHINGTON, DC 20005 T/202.544.1681 F/202.546.0738 Before voting on the nomination of David Barron for the United States WWW.ACLU.ORG Court of Appeals for the First Circuit, the American Civil Liberties Union LAURA W. MURPHY strongly urges you to read the two known Justice Department legal opinions, DIRECTOR authored or signed by Mr. Barron, which reportedly authorized the killing of an NATIONAL OFFICE American citizen by an armed drone, away from a battlefield. The ACLU also 125 BROAD STREET, 18 TH FL. urges you to obtain and read any and all other legal opinions related to the NEW YORK, NY 10004-2400 T/212.549.2500 targeted killing or armed drone program that were written or signed by Mr. Barron. The ACLU does not endorse or oppose any nominee, but strongly urges OFFICERS AND DIRECTORS SUSAN N. HERMAN the Senate to delay any vote on confirmation of Mr. Barron until all senators have PRESIDENT an opportunity to read, with advice of cleared staff, these legal opinions that ANTHONY D. ROMERO authorized an unprecedented killing, as well as any other opinions written or EXECUTIVE DIRECTOR signed by Mr.
    [Show full text]
  • 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.
    [Show full text]
  • Bruce Ackerman
    BOOK REVIEW CONSTITUTIONAL ALARMISM THE DECLINE AND FALL OF THE AMERICAN REPUBLIC. By Bruce Ackerman. Cambridge, Mass.: The Belknap Press of Harvard University Press. 2010. Pp. 270. $25.95. Reviewed by Trevor W. Morrison∗ INTRODUCTION The Decline and Fall of the American Republic is a call to action. Professor Bruce Ackerman opens the book with the claim that “some- thing is seriously wrong — very seriously wrong — with the tradition of government that we have inherited” (p. 3). The problem, he says, is the modern American presidency, which he portrays as recently trans- formed into “an especially dangerous office” (p. 189 n.1) posing “a se- rious threat to our constitutional tradition” (p. 4). Ackerman urges us to confront this “potential for catastrophic decline — and act before it is too late” (p. 11). Concerns of this kind are not new. Indeed, in some respects De- cline and Fall reads as a sequel to Professor Arthur Schlesinger’s 1973 classic, The Imperial Presidency.1 Ackerman writes consciously in that tradition, but with a sense of renewed urgency driven by a convic- tion that “the presidency has become far more dangerous today” than in Schlesinger’s time (p. 188). The sources and mechanisms of that purported danger are numerous; Decline and Fall sweeps across jour- nalism, national opinion polls, the Electoral College, civilian-military relations, presidential control of the bureaucracy, and executive branch lawyering to contend that “the foundations of our own republic are eroding before our very eyes” (p. 188). ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– ∗ Professor of Law, Columbia University. For helpful comments on earlier drafts, I thank Akhil Amar, David Barron, Ariela Dubler, Jack Goldsmith, Marty Lederman, Peter Margulies, Gillian Metzger, Henry Monaghan, Rick Pildes, Jeff Powell, John Witt, and participants in faculty workshops at Vanderbilt University and the University of Washington.
    [Show full text]
  • The Death Penalty As Torture
    The Death Penalty as Torture bessler DPT last pages.indb 1 1/12/17 11:47 AM Also by John D. Bessler Death in the Dark: Midnight Executions in Amer i ca Kiss of Death: Amer i ca’s Love Affair with the Death Penalty Legacy of Vio lence: Lynch Mobs and Executions in Minnesota Writing for Life: The Craft of Writing for Everyday Living Cruel and Unusual: The American Death Penalty and the Found ers’ Eighth Amendment The Birth of American Law: An Italian Phi los o pher and the American Revolution Against the Death Penalty (editor) bessler DPT last pages.indb 2 1/12/17 11:47 AM The Death Penalty as Torture From the Dark Ages to Abolition John D. Bessler Carolina Academic Press Durham, North Carolina bessler DPT last pages.indb 3 1/12/17 11:47 AM Copyright © 2017 John D. Bessler All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Bessler, John D., author. Title: The death penalty as torture : from the dark ages to abolition / John D. Bessler. Description: Durham, North Carolina : Carolina Academic Press, 2016. | Includes bibliographical references and index. Identifiers: LCCN 2016036253 | ISBN 9781611639261 (alk. paper) Subjects: LCSH: Capital punishment--History. | Capital punishment--United States. Classification: LCC K5104 .B48 2016 | DDC 345/.0773--dc23 LC record available at https://lccn.loc.gov/2016036253 Carolina Academic Press, LLC 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America bessler DPT last pages.indb 4 1/12/17 11:47 AM For all victims of torture bessler DPT last pages.indb 5 1/12/17 11:47 AM bessler DPT last pages.indb 6 1/12/17 11:47 AM “Can the state, which represents the whole of society and has the duty of protect- ing society, fulfill that duty by lowering itself to the level of the murderer, and treating him as he treated others? The forfeiture of life is too absolute, too irre- versible, for one human being to inflict it on another, even when backed by legal process.” —­ ​U.N.
    [Show full text]
  • The Federalist Society for Law and Public Policy Studies 2009 Annual Report
    The Federalist Society for Law and Public Policy Studies 2009 Annual Report “The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 THE FEDERALIST SOCIETY aw schools and the legal profession are currently strongly dominated by a L form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community.
    [Show full text]
  • Hearing List March 2013
    Supreme Court of the United States October Term, 2012 HEARING LIST For the Session Beginning March 18, 2013 (The Court convenes at 10 a.m.; afternoon arguments begin at 1 p.m.) Justices of the Supreme Court: Hon. Chief Justice John G. Roberts, Jr. Hon. Antonin Scalia Hon. Stephen G. Breyer Hon. Anthony M. Kennedy Hon. Samuel A. Alito, Jr. Hon. Clarence Thomas Hon. Sonia Sotomayor Hon. Ruth Bader Ginsburg Hon. Elena Kagan Officers of the Court: William K. Suter, Clerk Christine L. Fallon, Reporter of Decisions Pamela Talkin, Marshal Linda S. Maslow, Librarian HEARING LIST Monday, March 18, 2013 No. 12–71. Arizona, et al. v. The Inter Tribal Council of Arizona, Inc., et al. Certiorari to the C. A. 9th Circuit. For petitioners: Thomas C. Horne, Attorney General of Ari­ zona, Phoenix, Ariz. For respondents: Patricia Millett, Washington, D. C.; and Sri Srinivasan, Deputy Solicitor General, Department of Jus­ tice, Washington, D. C. (for United States, as amicus curiae.) (1 hour for argument.) No. 11–1518. Randy Curtis Bullock v. BankChampaign, N.A. Certiorari to the C. A. 11th Circuit. For petitioner: Thomas M. Byrne, Atlanta, Ga. For respondent: Bill D. Bensinger, Birmingham, Ala.; and Curtis E. Gannon, Assistant to the Solicitor General, De­ partment of Justice, Washington, D. C. (for United States, as amicus curiae.) (1 hour for argument.) Tuesday, March 19, 2013 No. 12–236. Kathleen Sebelius, Secretary of Health and Human Services v. Melissa Cloer. Certiorari to the C. A. Federal Circuit. For petitioner: Benjamin J. Horwich, Assistant to the Solici­ tor General, Department of Justice, Washington, D.
    [Show full text]