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Henry Friendly and the Law of Federal Courts
Michigan Law Review Volume 112 Issue 6 2014 Some Kind of Judge: Henry Friendly and the Law of Federal Courts Aaron P. Brecher U.S. District Court for the Central District of California Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, Legal Biography Commons, and the Supreme Court of the United States Commons Recommended Citation Aaron P. Brecher, Some Kind of Judge: Henry Friendly and the Law of Federal Courts, 112 MICH. L. REV. 1179 (2014). Available at: https://repository.law.umich.edu/mlr/vol112/iss6/16 This Book Notice is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. BOOK NOTICE Some Kind of Judge: Henry Friendly and the Law of Federal Courts Aaron P. Brecher* Henry Friendly, Greatest Judge of His Era. By David M. Dorsen. Fore- word by Richard A. Posner. Cambridge and London: The Belknap Press of Harvard University Press. 2012. Pp. xiii, 498. $35. Introduction Uberfans¨ of the federal judiciary owe a lot to David Dorsen.1 His illumi- nating biography of Judge Henry Friendly is a fitting tribute to the contribu- tions of a jurist that many consider to be among the finest judges never to sit on the U.S. Supreme Court. Judicial biography is a difficult genre to do well,2 and most authors choose to focus on Supreme Court justices.3 But Henry Friendly, Greatest Judge of His Era is an excellent source of informa- tion on Friendly’s life and, far more important, his views on the law and his relationships with some of the most fascinating figures in twentieth-century legal history. -
EPIC's Amicus Brief
13-0422-cv(L), 13-0445-cv(CON) UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT THE NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF DEFENSE, CENTRAL INTELLIGENCE AGENCY, Defendants-Appellees. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK BRIEF OF AMICI CURIAE ELECTRONIC PRIVACY INFORMATION CENTER AND SEVEN OPEN GOVERNMENT ORGANIZATIONS IN SUPPORT OF APPELLANTS AND URGING REVERSAL Marc Rotenberg Counsel of Record Alan Butler Ginger McCall David Brody Julia Horwitz Electronic Privacy Information Center (EPIC) 1718 Connecticut Ave. NW, Suite 200 Washington, DC 20009 (202) 483-1140 [email protected] April 22, 2013 CORPORATE DISCLOSURE STATEMENT Pursuant to Fed. R. App. P. 26.1 and 29(c) for Case No. 13-422 amicus curiae Electronic Privacy Information Center (“EPIC”) states that it is a District of Columbia corporation with no parent corporation or publicly-held company with a 10 percent or greater ownership interest. EPIC is a non-profit, non-partisan corporation, organized under section 501(c)(3) of the Internal Revenue Code. The Brennan Center for Justice at the New York University School of Law (“Brennan Center”) does not have a parent company, and is not a publicly-held company with a 10 percent or greater ownership interest. The Brennan Center is a non-profit, non-partisan corporation, organized under section 501(c)(3) of the Internal Revenue Code. Citizens for Responsibility and Ethics in Washington (“CREW”) does not have a parent company, and is not a publicly-held company with a 10 percent or greater ownership interest. -
An Open Letter to Congressman Gingrich
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1995 An Open Letter to Congressman Gingrich Bruce Ackerman Akhil Amar Jack Balkin Susan Low Bloch Philip Chase Bobbitt Columbia Law School, [email protected] See next page for additional authors Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, Taxation-Federal Commons, and the Tax Law Commons Recommended Citation Bruce Ackerman, Akhil Amar, Jack Balkin, Susan L. Bloch, Philip C. Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein & Harry Wellington, An Open Letter to Congressman Gingrich, 104 YALE L. J. 1539 (1995). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2193 This Response/Comment is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Authors Bruce Ackerman, Akhil Amar, Jack Balkin, Susan Low Bloch, Philip Chase Bobbitt, Richard Fallon, Paul Kahn, Philip Kurland, Douglas Laycock, Sanford Levinson, Frank Michelman, Michael Perry, Robert Post, Jed Rubenfeld, David Strauss, Cass Sunstein, and Harry Wellington This response/comment is available at Scholarship Archive: https://scholarship.law.columbia.edu/ faculty_scholarship/2193 Comment An Open Letter to Congressman Gingrich* We urge you to reconsider your proposal to amend the House Rules to require a three-fifths vote for enactment of laws that increase income taxes.' This proposal violates the explicit intentions of the Framers. -
Press Releases
Press Releases Dellinger to Receive Two Awards for Civil and Human Rights Advocacy June 3, 2019 RELATED PROFESSIONALS FOR IMMEDIATE RELEASE Walter Dellinger WASHINGTON, DC—June 3, 2019—O’Melveny partner Walter Dellinger will receive two prestigious Washington, DC awards this week for his civil rights and advocacy work. He will also lead a discussion with a panel of D: +12023835319 judges. RELATED PRACTICES On Tuesday, Dellinger will be honored by the Mississippi Center for Justice at their annual Mississippi on the Potomac event for his work advancing civil and human rights. Dellinger, who began his legal career Supreme Court & Appellate Litigation teaching Political and Civil Rights to one of the first integrated classes at the University of Mississippi Law School, is cited for being an “influential authority on appellate and Supreme Court jurisprudence and a Litigation committed contributor to a wave of social and generational change in Mississippi.” The Mississippi Center for Justice is a nonprofit, public interest law organization committed to advancing racial and economic justice. On Wednesday, Dellinger will be presented with the Rex E. Lee Advocacy Award at the annual luncheon of the J. Ruben Clark Society. Rex Lee served as the Solicitor General of the United States, the founding dean of the J. Ruben Clark Law School at Brigham Young University, and later as president of the university. The award “is presented to a distinguished advocate who has exemplified excellent and principled advocacy throughout his or her legal career.” US Senator Mitt Romney will give the keynote address at the luncheon. In addition, Dellinger will lead a discussion on Saturday at the final plenary session at the annual convention of the American Constitution Society in Washington, DC. -
Freedom of Information Act Activity for the Weeks of December 29, 2016-January 4, 2017 Privacy Office January 10, 2017 Weekly Freedom of Information Act Report
Freedom of Information Act Activity for the Weeks of December 29, 2016-January 4, 2017 Privacy Office January 10, 2017 Weekly Freedom of Information Act Report I. Efficiency and Transparency—Steps taken to increase transparency and make forms and processes used by the general public more user-friendly, particularly web- based and Freedom of Information Act related items: • NSTR II. On Freedom of Information Act Requests • On December 30, 2016, Bradley Moss, a representative with the James Madison Project in Washington D.C, requested from Department of Homeland Security (DI-IS) Secret Service records, including cross-references, memorializing written communications — including USSS documentation summarizing verbal communications —between USSS and the transition campaign staff, corporate staff, or private staff of President-Elect Donald J. Trump. (Case Number HQ 2017-HQF0-00202.) • On December 30, 2016, Justin McCarthy, a representative with Judicial Watch in Washington, D.C., requested from United States Secret Service (USSS) records concerning the use of U.S. Government funds to provide security for President Obama's November 2016 trip to Florida. (Case Number USSS 20170407.) • On January 3,2017, Justin McCarthy, a representative with Judicial Watch in Washington, DE, requested from United States Secret Service (USSS) records concerning, regarding, or relating to security expenses for President Barack °ham's residence in Chicago, Illinois from January 20, 2009 to January 3,2017. (Case Number USSS 20170417.) • On January 3,2017, Justin McCarthy, a representative with Judicial Watch in Washington, D.C., requested from United States Secret Service (USSS) records concerning, regarding. or relating to security expenses for President-Elect Donald Trump and Trump Tower in New York, New York from November 9,2016 to January 3,2017. -
Who Are “The People”? Introduction
WHO ARE “THE PEOPLE”? ROMAN J. HOYOS* INTRODUCTION ........................................................................................ 26 I. THE PEOPLE AND THE POPULAR TURN ................................................ 31 A. Who are the People?: The Other Question .............................. 31 B. Ackerman and the Procedural People ..................................... 34 C. Amar and the Textual People ................................................... 41 D. Kramer and the Interpreting People ....................................... 45 E. The Popular Turn’s People ...................................................... 53 II. CARL SCHMITT’S PEOPLE ................................................................... 54 A. The Three Moments of Democracy ......................................... 55 B. Sovereignty and the Exception ................................................ 57 C. Dictatorship ............................................................................ 60 D. Acclamation ............................................................................. 67 E. Schmitt’s People ....................................................................... 73 III. SCHMITT AND THE POPULAR TURN ................................................... 74 A. Amar and the Constituent Power ............................................. 75 B. Ackerman and the Exception .................................................... 78 C. The Popular Turn and Acclamation ....................................... 82 D. Schmitt, the Popular Turn, and the -
Administrative National Security
ARTICLES Administrative National Security ELENA CHACHKO* In the past two decades, the United States has applied a growing num- ber of foreign and security measures directly targeting individualsÐ natural or legal persons. These individualized measures have been designed and carried out by administrative agencies. Widespread appli- cation of individual economic sanctions, security watchlists and no-¯y lists, detentions, targeted killings, and action against hackers responsible for cyberattacks have all become signi®cant currencies of U.S. foreign and security policy. Although the application of each of these measures in discrete contexts has been studied, they have yet to attract an inte- grated analysis. This Article examines this phenomenon with two main aims. First, it documents what I call ªadministrative national securityº: the growing individualization of U.S. foreign and security policy, the administrative mechanisms that have facilitated it, and the judicial response to these mechanisms. Administrative national security encompasses several types of individualized measures that agencies now apply on a routine, inde®- nite basis through the exercise of considerable discretion within a broad framework established by Congress or the President. It is therefore best understood as an emerging practice of administrative adjudication in the foreign and security space. Second, this Article considers how administrative national security integrates with the presidency and the courts. Accounting for administra- tive national security illuminates the President's constitutional role as chief executive and commander-in-chief and his control of key aspects of * Lecturer on Law, Harvard Law School (Fall 2019); Post-doctoral Fellow, Perry World House, University of Pennsylvania; S.J.D. Candidate, Harvard Law School; LL.B., Hebrew University of Jerusalem (2014). -
Change and Structure in the Law of Armed Conflict After September 11 Peter Margulies
Marquette Law Review Volume 95 Article 13 Issue 4 Summer 2012 The ogF of War Reform: Change and Structure in the Law of Armed Conflict After September 11 Peter Margulies Follow this and additional works at: http://scholarship.law.marquette.edu/mulr Part of the Law Commons Repository Citation Peter Margulies, The Fog of War Reform: Change and Structure in the Law of Armed Conflict After September 11, 95 Marq. L. Rev. 1417 (2012). Available at: http://scholarship.law.marquette.edu/mulr/vol95/iss4/13 This Article is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. 18 - MARGULIES (DO NOT DELETE) 7/9/2012 10:27 PM THE FOG OF WAR REFORM: CHANGE AND STRUCTURE IN THE LAW OF ARMED CONFLICT AFTER SEPTEMBER 11 * PETER MARGULIES Salim Hamdan’s conviction in a military commission for material support of Al Qaeda separates utilitarians, who generally defer to state power, from protective theorists, who seek to shield civilians by curbing official discretion. Utilitarians view military commissions as efficient means for trying suspected terrorists. Protective theorists criticize the amorphous nature of material support charges. The clash between utilitarians and protective theorists colors other issues, including “enhanced” interrogation and limits on targeting. Protective theorists merit praise for their scrutiny of interrogation. In contrast, utilitarians have trivialized interrogation abuses. However, protective theorists’ scrutiny of states is burdened by hindsight bias. -
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. -
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. -
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. -
The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World
NYLS Law Review Vols. 22-63 (1976-2019) Volume 56 Issue 1 Civil Liberties 10 Years After 9/11 Article 2 January 2012 The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World Peter M. Shane The Ohio State University Moritz College of Law Follow this and additional works at: https://digitalcommons.nyls.edu/nyls_law_review Part of the Law and Politics Commons, Law and Society Commons, Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Peter M. Shane, The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World, 56 N.Y.L. SCH. L. REV. 28 (2011-2012). This Article is brought to you for free and open access by DigitalCommons@NYLS. It has been accepted for inclusion in NYLS Law Review by an authorized editor of DigitalCommons@NYLS. VOLUME 56 | 2011/12 PETER M. SHANE The Obama Administration and the Prospects for a Democratic Presidency in a Post-9/11 World ABOUT THE AUTHOR: Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz College of Law. 27 THE PROSpeCTS FOR A DemoCRATIC PRESIdeNCY IN A POST-9/11 WORld [W]hen I won [the] election in 2008, one of the reasons I think that people were excited about the campaign was the prospect that we would change how business is done in Washington. And we were in such a hurry to get things done that we didn’t change how things got done. And I think that frustrated people.