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Doing Right by Charles Alan Wright Carl W
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 2004 Doing Right By Charles Alan Wright 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, and the Jurisdiction Commons Recommended Citation Carl Tobias, Doing Right By Charles Alan Wright, 37 U.C. Davis L. Rev. 1351 (2004) This Book Review 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]. Doing Right by Charles Alan Wright' Reviewed by Carl Tobias .. TABLE OF CONTENTS INTRODUCTION .............................................................................................. 1352 I. HISTORY OF LAW OF FEDERAL COURTS ............................................ 1353 II. CONTRIBUTIONS OF THE SIXTH EDITION .......................................... 1354 III. SUGGESTIONS FOR THE FUTURE ........................................................ 1356 CONCLUSION································································································· 1358 . LAW OF FEDERAL COURTS xix, 929 (6th ed. St. Paul, Minn.). By Charles Alan Wright (The late Charles Alan Wright Chair in Federal Courts, University of Texas School of Law) and Mary Kay Kane (Chancellor, Dean and Distinguished Professor -
A Modern Hamlet in the Judicial Pantheon
Michigan Law Review Volume 93 Issue 6 1995 A Modern Hamlet in the Judicial Pantheon Charles Alan Wright University of Texas Law School Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Judges Commons, and the Legal Biography Commons Recommended Citation Charles A. Wright, A Modern Hamlet in the Judicial Pantheon, 93 MICH. L. REV. 1841 (1995). Available at: https://repository.law.umich.edu/mlr/vol93/iss6/36 This Review 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]. A MODERN HAMLET IN THE JUDICIAL PANTHEON Charles Alan Wright* LEARNED HAND: THE MAN AND THE JUDGE. By Gerald Gunther. New York: Alfred A. Knopf. 1994. Pp. xxi, 818. $35. My son and his family gave me this massive book for my birth day. It was a splendid choice. The book is one that ought to inter est anyone who cares about law. It is a highly readable biography of an extraordinary judge.1 The book was of particular interest to me both because of the special concern I have for the federal courts and because I had the privilege of seeing Judge Hand in action. In the 1949-1950 term I clerked for Judge Charles E. Clark of the Second Circuit, during the time when Learned Hand was chief judge. -
Dahlia Lithwick Invite Draft5
Please join our Lions of Judah for an evening with Dahlia Lithwick, Senior editor at Slate.com, on the Me Too Movement Through a Jewish Lens POWERED BY Dahlia Lithwick is a senior editor at Slate, and in that capacity, has been writing their “Supreme Court Dispatches” and “Jurisprudence” columns since 1999. Her work has appeared in the New York Times, Harper’s, The New Yorker, The Washington Post, The New Republic, and Commentary, among other places. She is host of Amicus, Slate’s award-winning biweekly podcast about the law and the Supreme Court. She was Newsweek’s legal columnist from 2008 until 2011. Ms. Lithwick speaks frequently on the subjects of criminal justice reform, reproductive freedom, and religion in the courts. She has appeared on CNN, ABC, The Colbert Report, the Daily Show and is a frequent guest on The Rachel Maddow Show. She has testified before Congress about access to justice in the era of the Roberts Court. Ms. Lithwick earned her BA in English from Yale University and her JD degree from Stanford University. JewishColumbus’s Lion of Judah Society (LOJ) was established to provide women an opportunity to engage with their peers and increase their impact with a collective voice. Lions are women who make leadership gifts, as individuals or as part of a family gift, of $5,000 or more through JewishColumbus’s Annual Campaign. Lion of Judah dinner featuring Dahlia Lithwick, Thursday, June 4 The Terrace 711 North High Street, Columbus, OH 43215 Free valet parking Tickets: $50 each Link TBD Please RSVP by May 18 Dietary restrictions observed, catering provided by Cameron Mitchell Women’s Philanthropy Co-Chairs Jane Bodner & Emily Kandel Lion of Judah Co-Chairs Gigi Fried & Shelly Igdaloff Lion Event Co-Chairs Margie Goldach & Clemy Keidan Questions? Please contact Rachel Gleitman, Director of Women’s Philanthropy at [email protected] This event is open to Lions of Judah and Step Up Lions. -
Fred Rodell's Case Against the Law
Florida State University Law Review Volume 24 Issue 1 Article 3 1996 Fred Rodell's Case Against the Law Ken Vinson [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Ken Vinson, Fred Rodell's Case Against the Law, 24 Fla. St. U. L. Rev. 107 (1996) . https://ir.law.fsu.edu/lr/vol24/iss1/3 This Essay is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW FRED RODELL'S CASE AGAINST THE LAW Ken Vinson VOLUME 24 FALL 1996 NUMBER 1 Recommended citation: Ken Vinson, Essay, Fred Rodell's Case Against the Law, 24 FLA. ST. U. L. REV. 107 (1996). FRED RODELL’S CASE AGAINST THE LAW KEN VINSON* The society of lawyers is doing quite well, thank you, what with a great many of this country’s 900,000 lawyers paying their country club dues out of petty cash. Yet, for these proud toilers in the billable-hours trade—one attorney at law for every 300 Americans—and for the 50,000 new attorneys entering the legal profession annually, there’s a lining not so silvery. Anti-lawyer elements, agitated by the mumbo jumbo that lawyers use to lord it over the common herd, are raising lawyer-bashing to record heights. Bombarded by these negative reviews, a nervous lawyer is surely tempted of late to do a Richard Nixon and announce: “I am not a shyster.” Lawyer-bashing has so numbed the legal-eagle clan that re- form groups such as HALT (originally known as Help Abolish Le- gal Tyranny) are even winning a few battles to force lawyers to use plain English in writing deeds and contracts. -
NYU Law Review
40216-nyu_93-2 Sheet No. 3 Side A 05/02/2018 12:38:48 \\jciprod01\productn\N\NYU\93-2\NYU201.txt unknown Seq: 1 2-MAY-18 8:21 NEW YORK UNIVERSITY LAW REVIEW VOLUME 93 MAY 2018 NUMBER 2 ARTICLES CONSTITUTIONAL LAW IN AN AGE OF ALTERNATIVE FACTS ALLISON ORR LARSEN* Objective facts—while perhaps always elusive—are now an endangered species. A mix of digital speed, social media, fractured news, and party polarization has led to what some call a “post-truth” society: a culture where what is true matters less than what we want to be true. At the same moment in time when “alternative facts” reign supreme, we have also anchored our constitutional law in general observations about the way the world works. Do violent video games harm child brain develop- ment? Is voter fraud widespread? Is a “partial-birth abortion” ever medically nec- essary? Judicial pronouncements on questions like these are common, and— perhaps more importantly—they are being briefed by sophisticated litigants who know how to grow the factual dimensions of their case in order to achieve the constitutional change that they want. The combination of these two forces—fact-heavy constitutional law in an environ- 40216-nyu_93-2 Sheet No. 3 Side A 05/02/2018 12:38:48 ment where facts are easy to manipulate—is cause for serious concern. This Article explores what is new and worrisome about fact-finding today, and it identifies con- stitutional disputes loaded with convenient but false claims. To remedy the problem, we must empower courts to proactively guard against alternative facts. -
Ex Parte Vallandigham
U.S. Ex Parte Vallandigham 68 U.S. 243 (1863) Decided Jan 1, 1863 DECEMBER TERM, 1863. The Supreme Court of the United States has no power to review by certiorari the proceedings of a military commission ordered by a general officer of the United States Army, commanding a military department. THIS case arose on the petition of Clement L. Vallandigham for a certiorari, to be directed to the Judge Advocate General of the Army of the United States, to send up to this court, for its review, the proceedings of a military commission, by which the said Vallandigham had been tried and sentenced to imprisonment; the facts of the case, as derived from the statement of the learned Justice (WAYNE) who delivered the opinion of the court, having been as follows: Major-General Burnside, commanding the military department of Ohio, issued a special order, No. 135, on the 21st April, 1863, by which a military commission was appointed to meet at Cincinnati, Ohio, on the 22d of April, or as soon thereafter as practicable, for the trial of such persons as might be brought before it. There was a detail of officers to constitute it, and a judge advocate appointed. The same general had, previously, on the 13th of April, 1863, issued a general order, No. 38, declaring, for the 244 information of all persons concerned, that thereafter all persons *244 found within his lines who should commit acts for the benefit of the enemies of our country, should be tried as spies or traitors, and if convicted should suffer death; and among other acts prohibited, was the habit of declaring sympathies for the enemy. -
Justice Scalia and Fourth Estate Skepticism Ronnell Anderson Jones S.J
SJ Quinney College of Law, University of Utah Utah Law Digital Commons Utah Law Faculty Scholarship Utah Law Scholarship 2017 Justice Scalia and Fourth Estate Skepticism RonNell Anderson Jones S.J. Quinney College of Law, University of Utah, [email protected] Follow this and additional works at: http://dc.law.utah.edu/scholarship Part of the First Amendment Commons, Judges Commons, and the Supreme Court of the United States Commons Recommended Citation 15 First Amend. L. Rev. 258, 287 (2017) This Article is brought to you for free and open access by the Utah Law Scholarship at Utah Law Digital Commons. It has been accepted for inclusion in Utah Law Faculty Scholarship by an authorized administrator of Utah Law Digital Commons. For more information, please contact [email protected]. JUSTICE SCALIA AND FOURTH ESTATE SKEPTICISM RonNell Andersen Jones* INTRODUCTION When news broke of the death of Justice Antonin Scalia, some aspects of the Justice's legacy were instantly apparent. It was immediately clear that he would be remembered for his advocacy of constitutional originalism, his ardent opposition to the use of legislative history in statutory interpretation, and his authorship of the watershed Second Amendment case of the modern era.1 Yet there are other, less obvious but equally significant ways that Justice Scalia made his own unique mark and left behind a Court that was fundamentally different than the one he had joined thirty years earlier. Among them is the way he impacted the relationship between the Court and the press. When Scalia was confirmed as a Justice of the U.S. -
The National Court of Appeals: Composition, Constitutionality, and Desirability
Fordham Law Review Volume 41 Issue 4 Article 3 1973 The National Court of Appeals: Composition, Constitutionality, and Desirability Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation The National Court of Appeals: Composition, Constitutionality, and Desirability, 41 Fordham L. Rev. 863 (1973). Available at: https://ir.lawnet.fordham.edu/flr/vol41/iss4/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. COMMENTS THE NATIONAL COURT OF APPEALS: COMPOSITION, CONSTITUTIONALITY, AND DESIRABILITY i. INTRODUCTION In the fall of 1971, Chief Justice of the United States Warren E. Burger, acting as permanent Chairman of the Federal Judicial Center,1 appointed a blue-ribbon Study Group 2 to examine the Supreme Court's burgeoning case load and to recommend possible methods of alleviating it.3 The Study Group's 4 report was made public approximately a year later, on December 19, 1972, and it was clear that it called for nothing less than a widescale revamping of the federal judiciary system. In sum, the Report put forth two main independent proposals: 5 1. The Federal Judicial Center, created by act of Congress in 1967 (28 U.S.C. § 620 (1970)), was formulated to study the operation of United States courts and to make appro- priate recommendations for the improvement of the admini tration and management thereof. -
MILITARY LAW REVIEW the MILITARY and the COURTS R 0 0 0 W 0 00 INTRODUCTION CIVILIAN COURTS and the MILITARY JUSTICE : COLLATERAL COURTS-MART1 Major Richard D
x=a MILITARY LAW REVIEW THE MILITARY AND THE COURTS r 0 0 0 w 0 00 INTRODUCTION CIVILIAN COURTS AND THE MILITARY JUSTICE : COLLATERAL COURTS-MART1 Major Richard D. Ro F € Major Bruce E. Kasold THE RIGHT OF FEDERAL EMPLOYEES TO SUE THEIR c SUPERVISORS FOR INJURIES CONSEQUENT UPON 9cL CONSTITUTIONAL VIOLATIONS Lieutenant Commander Patrick W,Kelley s 00 Volume 108 Spring 1985 Pamphlet HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-108 Washington, D.C., Spring 1985 MILITARY LAW REVIEW-VOL. 108 The Military Law Review has been published quarterly at The Judge Advocate General’s School, U.S. Army, Charlottesville, Virgi- nia, since 1958. The Review provides a forum for those interested in military law to share the products of their experience and research andfs designed for use by military attorneys in connection with their official duties. Writings offered for publication should be of direct concern and import in this area of scholarship, and preference will be given to those writings having lasting value as reference material for the military lawyer. The Review encourages frank discussion of relevant legislative, administrative, and judicial developments. EDITORIAL STAFF CAPTAIN STEPHEN J. KACZYNSKI, Editor MS. EVA F. SKINNER, Editorial Assistant SUBSCRIPTIONS: Private subscriptions may be purchased from the Superintendent of Documents, United States Government Print- ing Office, Washington, D.C. 20402. Publication exchange subscrip- tions are available to law schools and other organizations which publish legal periodicals. Editors or publishers of such periodicals should address inquiries to the Editor of the Review. Inquiries concerning subscriptions for active Army legal offices, other federal agencies, and JAGC officers in the USAR or ARNGUS not on active duty should be addressed to the Editor of the Review. -
Dahlia Lithwick: American Jews' Love Affair with the Law
DAHLIA LITHWICK: AMERICAN JEWS' LOVE AFFAIR WITH THE LAW (Begin audio) Joshua Holo: Welcome to the college comments podcast, passionate perspectives, from Judaism's leading thinkers, brought to you by the Hebrew Union College, Jewish Institute of Religion, America's first Jewish institution of higher learning. My name is Joshua Holo of HUC's Jack-H Skirball campus in Los Angeles, and your host. You're listening to a special episode recorded at Symposium 2, a conference held in Los Angeles at Stephen Wise Temple in November of 2018. JH: It's my great pleasure to welcome Dahlia Lithwick to the college comments podcast. Dahlia Lithwick is a senior editor at Slate, and has been writing their Supreme Court dispatches and jurisprudence columns since 1999. Her work has appeared in the New York Times, Harper's, The New Yorker, The Washington Post, The New Republic and Commentary. And she is the host of Amicus, Slate's award-winning bi-weekly podcast about the law and the Supreme Court. And I know that many of our listeners will have heard Dahlia Lithwick in some capacity or another, so it is really an honor and a pleasure to have you. Thank you for joining us. Dahlia Lithwick: It's an honor and a pleasure to be here, thank you. JH: So we're gonna start with the Jewish name game, you and I share something which is last names that no one would think are Jewish if they didn't know us. My family is Turkish, and changed its name, which in the Turkish-Jewish world is known as a Jewish name, but it was Americanized from Halio to Holo. -
Congressional Power Over the Appellate Jurisdiction of the Supreme Court Has Never Been Judically Determined Because the 124208 U.S
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 109 DECEMBER, 1960 No. 2 CONGRESSIONAL POWER OVER -THE APPELLATE JTRISDICTION OF THE SUPREME COURT LEONARD G. RATNER t The Constitution gives the Supreme Court appellate jurisdiction "with such Exceptions, and under such Regulations as the Congress shall make" over all cases within the judicial power of the United States originating in state or lower federal courts.1 From time to time since 1796 the Supreme Court has used language in its opinions sug- gesting that by virtue of the exceptions and regulations clause its ap- t Lecturer, Harvard Law School. A.B. 1937, University of California (Los An- geles); LL.B. 1940, University of California (Berkeley). Member, California Bar. 1 U.S. CoNsT. art. III, § 2. See Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821) ; Martin v. Hunter's Lessee, 14 U.S. (1 Wheat.) 304 (1816). After defining the judicial power of the United States, the section provides that the Supreme Court shall have original jurisdiction in certain specified cases and appellate jurisdiction "in all the other Cases before mentioned." The original jurisdiction thus granted is not exclusive; state and lower federal courts may constitutionally exercise a concurrent jurisdiction in such cases. Plaquemines Tropical Fruit Co. v. Henderson, 170 U.S. 511 (1898) ; Ames v. Kansas ex rel. Johnston, 111 U.S. 449 (1884) ; B6rs v. Preston, 111 U.S. 252 (1884); United States v. Ravara, 2 U.S. (2 Dall.) 297 (C.C.D. Pa. 1793). See 28 U.S.C. §§ 1251, 1331-32, 1345, 1350-51 (1958) ; Act of Sept. -
University of Pennsylvania Law School\Udrive\School
CATHERINE T. STRUVE University of Pennsylvania Law School 3501 Sansom Street Philadelphia, PA 19104 (215) 898-7068 email: [email protected] WORK EXPERIENCE: 2000-present University of Pennsylvania Law School, Philadelphia, PA. David E. Kaufman & Leopold C. Glass Professor of Law (2019- ); Professor (2005- 2019); Assistant Professor (2000-2005). 1996-2000 Cravath, Swaine & Moore, New York, NY. Associate, litigation department. 1995-1996 Judge Amalya L. Kearse, United States Court of Appeals for the Second Circuit. Law clerk. EDUCATION: 1992-1995 Harvard Law School J.D., magna cum laude, awarded 1995. Notes Office Co-Chair and Supervising Editor, Harvard Law Review. 1988-1992 Harvard College B.A. in Comparative Religion, summa cum laude, awarded 1992. Phi Beta Kappa. John Harvard Scholar. Elizabeth Cary Agassiz Scholar. PUBLICATIONS: 2021 Supplements to 16A & 16AA FEDERAL PRACTICE AND PROCEDURE (5th ed.) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper). 16AA FEDERAL PRACTICE & PROCEDURE (5th ed. 2020) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper). 16A FEDERAL PRACTICE & PROCEDURE (5th ed. 2019) (with the late Charles Alan Wright, Arthur R. Miller, & Edward H. Cooper). Procedure in Context, 70 HASTINGS L.J. 1121 (2019) (tribute to Geoffrey C. Hazard, Jr.). Last updated May 2021 The Federal Rules of Inmate Appeals, 50 ARIZ. ST. L.J. 247 (2018). Phantom Rules, 117 COLUM. L. REV. ONLINE 70 (2017). FIELD, KAPLAN, CLERMONT, AND STRUVE'S CIVIL PROCEDURE, MATERIALS FOR A BASIC COURSE (11th ed. 2014) (with Professor Kevin Clermont, the late Professor Richard Field, and the late Justice Benjamin Kaplan). TEACHER'S MANUAL TO FIELD, KAPLAN, CLERMONT, AND STRUVE'S CIVIL PROCEDURE, MATERIALS FOR A BASIC COURSE (11th ed.