Conference Panelists

Total Page:16

File Type:pdf, Size:1020Kb

Conference Panelists Conference Panelists: Judge John G. Koeltl Thomas Allman United States District Judge Attorney and Consultant Chair, Conference Planning Committee John Barkett Jason R. Baron Shook Hardy & Bacon LLP National Archives, Director of Litigation James A. Batson Judge Michael Baylson Liddle & Robinson LLP United States District Judge David Beck Sheila Birnbaum Beck Redden & Secrest LLP Skadden LLP, New York F. Paul Bland, Jr. Robert Bone Public Justice University of Texas Law School William Butterfield Elizabeth Cabraser Hausfeld LLP Lieff Cabraser Heimann & Bernstein LLP Judge David G. Campbell Paul Carrington United States District Judge Duke University School of Law Dan Coquillette Ed Cooper Harvard Law School University of Michigan Law School Ted Eisenberg Judge John Facciola Cornell University Law School United States Magistrate Judge Judge Paul Friedman Marc Galanter United States District Judge University of Wisconsin Law School Joe Garrison Daniel C. Girard Garrison PC Girard Gibbs LLP Thomas Gottschalk Jeffrey J. Greenbaum Kirkland & Ellis LLP Sillis Cummis & Gross PC Judge Paul Grimm Paula Hannaford-Agor United States Magistrate Judge National Center for State Courts Geoffrey C. Hazard, Jr. Deborah R. Hensler University of California, Hastings College Stanford Law School Judge Patrick Higginbotham Judge D. Brock Hornby United States Circuit Judge United States District Judge Judge Andrew D. Hurwitz Patricia M. Hynes Arizona Supreme Court New York City Bar Association Greg Joseph Judge Henry Kantor Gregory P. Joseph LLC Oregon State Circuit Judge Peter Keisler Loren Kieve Sidley Austin LLP Kieve Law Offices Justice Rebecca L. Kourlis Judge Mark R. Kravitz Institute for the Advancement of the United States District Judge American Legal System, Denver Jocelyn Larkin Emery Lee Impact Fund Federal Judicial Center David F. Levi William Maledon Duke University School of Law Osborn Maledon Richard Marcus Arthur R. Miller University of CA, Hastings College New York University School of Law Alan Morrison Seymour Moskowitz George Washington University Law School Valparaiso University School of Law Richard Nagareda Judge Jon Newman Vanderbilt University Law School United States Circuit Judge Nicholas M. Pace Bruce Parker RAND Corporation Venable LLP Adam C. Pritchard Lorna G. Schofield University of Michigan Law School Debevoise & Plimpton LLP Judith Resnik Judge Lee H. Rosenthal Yale Law School United States District Judge Judge Barbara Jacobs Rothstein Paul C. Saunders Director, Federal Judicial Center Cravath Swaine & Moore LLP Judge Shira Scheindlin Wendy Schwartz United States District Judge Reed Smith LLP Judge Anthony Scirica Joe Sellers United States Circuit Judge Cohen Milstein LLP Amy Schulman Patrick Stueve Pfizer Stueve Siegel & Hanson LLP Cathy Struve Steve Susman University of Pennsylvania Law School Susman Godfrey LLP Ariana Tadler John Vail Milberg LLP Center for Constitutional Litigation Judge David J. Waxse Anthony West United States Magistrate Judge Department of Justice Tom Willging Dan Willoughby Federal Judicial Center King & Spalding .
Recommended publications
  • Chief Judges: the Limits of Attitudinal Theory and Possible Paradox of Managerial Judging
    Vanderbilt Law Review Volume 61 Issue 1 Issue 1 - January 2008 Article 1 1-2008 Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging Tracey E. George Albert H. Yoon Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Courts Commons Recommended Citation Tracey E. George and Albert H. Yoon, Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging, 61 Vanderbilt Law Review 1 (2008) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol61/iss1/1 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 61 JANUARY 2008 NUMBER 1 Chief Judges: The Limits of Attitudinal Theory and Possible Paradox of Managerial Judging Tracey E. George* & Albert H. Yoon** I. INCENTIVES ON THE U.S. COURTS OF APPEALS .................... 9 A. The Attitudinal Model ............................................ 10 1. The Role of Policy Preferences in Votes on the Merits ...................... 11 2. The Role of Policy Preferences in Non-Merits Decisions .................................. 16 B. The Managerial Judging Model ............................. 19 II. LEADERSHIP ON THE LOWER FEDERAL COURTS ................ 20 A. The Creation and Selection of Chief Judges ............. 23 B. The Real and PotentialPower of Chief Judges ......... 28 1. The Chief Judge on a Panel ........................ 28 2. Formal Authority ........................................ 29 3. Informal Powers ......................................... 33 Professor of Law, Vanderbilt University. Professor of Law, Northwestern University. We presented this paper at the 2006 Law & Society Association Annual Meeting, the Second Annual Conference on Empirical Legal Studies, and at a Marquette University faculty workshop.
    [Show full text]
  • Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION
    E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION Vol. 163 WASHINGTON, THURSDAY, NOVEMBER 2, 2017 No. 178 Senate The Senate met at 9:30 a.m. and was firming President Trump’s outstanding GARDNER. When he introduced his called to order by the President pro nominations to the Federal courts. Al- former professor before the Judiciary tempore (Mr. HATCH). ready this week, we have confirmed Committee, Senator GARDNER noted f two strong, smart, and talented women how much she cared about ‘‘robust de- to serve on our Nation’s circuit courts. bates and hearing the views of others.’’ PRAYER Today we will consider two more well- ‘‘Justice Eid,’’ he said, ‘‘was open to The Chaplain, Dr. Barry C. Black, of- qualified nominees: Allison Eid and their views, engaging with them, and fered the following prayer: Stephanos Bibas. [was] never biased against different Let us pray. First, we will confirm Allison Eid, perspectives.’’ Eternal King, You are great and mar- whom the President has nominated to Later, Justice Eid was appointed to velous. Without Your wondrous deeds, serve on the U.S. Court of Appeals for serve as Colorado’s solicitor general our lawmakers, our Nation, and our the Tenth Circuit. Justice Eid has big and, in 2006, to the Colorado Supreme planet could not survive. Lord, let the shoes to fill in taking that seat—it be- Court. Two years later, 75 percent of nations You have made acknowledge came vacant when Neil Gorsuch as- Coloradans voted to retain her.
    [Show full text]
  • The Impoverished Idea of Circuit-Splitting, 48 Emory L.J
    University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1995 The mpI overished Idea of Circuit-Splitting 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 Recommended Citation Carl Tobias, The Impoverished Idea of Circuit-Splitting, 48 Emory L.J. 1357 (1995) 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]. THE IMPOVERISHED IDEA OF CffiCUIT-SPLITTING Carl Tobias* A half-decade ago, the United States Congress considered and rejected controversial measures that would have split the United States Court of Appeals for the Ninth Circuit into two courts.1 The proposed Ninth Cir­ cuit would have included Arizona, California and Nevada, while the new Twelfth Circuit would have encompassed Alaska, Hawaii, Idaho, Mon­ tana, Oregon, Washington, Guam, and the Northern Mariana Islands. Congress fully aired, particularly in hearings before the Senate Judiciary Committee, all of the issues that were salient to the Ninth Circuit's divi­ sion. Nevertheless, Congress ultimately refused to split the Ninth Circuit Court of Appeals. Senators representing every state in the latest iteration of the projected Twelfth Circuit recently revived the idea by introducing Senate Bill 956, a proposal that closely resembles the measure debated by Congress in 1990.2 The new bill's sponsors contend that certain factors, principally the Ninth Circuit's substantial size and burgeoning docket, have now made division of the court imperative.
    [Show full text]
  • June 30, 2017 the Honorable Charles Grassley, Chairman Committee On
    June 30, 2017 The Honorable Charles Grassley, Chairman Committee on the Judiciary United States Senate Washington, DC 20510 The Honorable Dianne Feinstein, Ranking Member Committee on the Judiciary United States Senate Washington, DC 20510 Re: Nomination of Stephanos Bibas to the United States Court of Appeals for the Third Circuit Dear Chairman Grassley and Ranking Member Feinstein: We write to express our strong support for the nomination of Professor Stephanos Bibas to the U.S. Court of Appeals for the Third Circuit. We are a diverse group of law professors who represent a broad range of perspectives. We do not necessarily agree with the views or policies of the current administration. But we are united in our belief that Professor Bibas is superbly qualified to serve as a federal appellate judge, and we urge the Senate to confirm him. Professor Bibas’ credentials are impeccable. He was educated at Columbia University, Oxford University, and Yale Law School. He clerked for Justice Anthony Kennedy on the U.S. Supreme Court and Judge Patrick Higginbotham on the U.S. Court of Appeals for the Fifth Circuit. After working as an associate at a law firm and as a federal prosecutor, Professor Bibas began teaching. He has distinguished himself as a professor at the University of Iowa College of Law and at the University of Pennsylvania School of Law. While at the University of Pennsylvania he has also served as the Director of the Law School’s Supreme Court Clinic, and he has litigated a wide range of cases in that role. Professor Bibas is widely respected in academia both as a scholar and as a person.
    [Show full text]
  • 2020-2021 Supreme Court Preview: Biographies of 2020 Supreme Court Preview Panelists
    William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 9-11-2020 2020-2021 Supreme Court Preview: Biographies of 2020 Supreme Court Preview Panelists Institute of Bill of Rights Law at The College of William & Mary Law School Follow this and additional works at: https://scholarship.law.wm.edu/preview Part of the Supreme Court of the United States Commons Repository Citation Institute of Bill of Rights Law at The College of William & Mary Law School, "2020-2021 Supreme Court Preview: Biographies of 2020 Supreme Court Preview Panelists" (2020). Supreme Court Preview. 295. https://scholarship.law.wm.edu/preview/295 Copyright c 2020 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview Biographies of 2020 Supreme Court Preview Panelists law.wm.edu/academics/intellectuallife/researchcenters/ibrl/scp/2020/notebook/bios/index.php ROBERT BARNES - Washington Post Robert Barnes has spent most of his career at The Washington Post, as a reporter and editor. He joined the paper to cover politics in 1987, and has covered campaigns at the presidential, congressional and gubernatorial level. He served in various editing positions, including metropolitan editor, deputy national editor in charge of domestic issues and the Supreme Court, and national political editor. He returned to reporting to cover the Supreme Court in November 2006, and has done so since then, with a brief break to cover the conclusion of the 2008 presidential campaign. He covered the Supreme Court nominations of Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh.
    [Show full text]
  • Double Agents: an Exploration of the Motivations of Court of Appeals Judges
    DOUBLE AGENTS: AN EXPLORATION OF THE MOTIVATIONS OF COURT OF APPEALS JUDGES DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Kevin Matthew Scott, B.A., M.A. ***** The Ohio State University 2002 Dissertation Committee: Approved by Professor Lawrence Baum, Advisor Professor Gregory Caldeira ____________________________ Professor Paul Allen Beck Professor Lawrence Baum, Advisor Department of Political Science UMI Number: 3081963 Copyright 2002 by Scott, Kevin Matthew All rights reserved. ________________________________________________________ UMI Microform 3081963 Copyright 2003 ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ____________________________________________________________ ProQuest Information and Learning Company 300 North Zeeb Road PO Box 1346 Ann Arbor, MI 48106-1346 Copyright by Kevin Matthew Scott 2002 ABSTRACT Judges of the United States courts of appeals represent a unique class of American political actors. While their subordinate status to the Supreme Court might be expected to make them faithful agents of the Supreme Court, other components of their environment might be expected to counteract the pressure to execute the wishes of the Supreme Court. The broader question of the motivation of the court of appeals judges lies at the heart of this project. I argue that previous work on court of appeals judges has not devoted sufficient attention to the possible variety of goals of court of appeals judges and the means they use to accomplish those goals. Using reversal of court of appeals decisions by the Supreme Court, I subject to empirical test three competing explanations for the motivations of court of appeals judges.
    [Show full text]
  • Meet the Chief Judge of the Nation's Most Divisive, Controversial and Conservative Appeals Court
    Meet the chief judge of the nation’s most divisive, controversial and conservative appeals ... Page 1 of 9 Features Meet the chief judge of the nation’s most divisive, controversial and conservative appeals court Posted Feb 1, 2014 4:40 AM CST By Mark Curriden Photo of Carl Stewart by Kathy Anderson. NEW ORLEANS – Carl Stewart has every right to be angry. Growing up, he was forced to attend segregated schools, required to use “colored only” restrooms and water fountains, and made to sit at the back of the bus. At age 3, Stewart watched as white church leaders blocked his parents’ efforts to buy their first home because they didn’t want black people as neighbors. Retail stores refused to let him try on clothes. Customers at his first job in college routinely used the N-word in front of him. He quietly admits that he continues to experience racial profiling, even today. But in the eyes of many, those experiences make Stewart the perfect person to preside over the 5th U.S. Circuit Court of Appeals—one of the most controversial, rancorous, dysfunctional, staunchly conservative and important appellate courts in the country. It is also a court with three current vacancies—President Barack Obama has announced one nomination to fill one of those slots—and there’s a strong possibility the president will have three more openings before he leaves office, leading many to predict a radical ideological change is in store. Stewart, 64, is the first African-American chief judge of the 5th Circuit. He serves on the powerful federal Judicial Conference, is vice president of the prestigious American Inns of Court and, until recently, chaired the Federal Rules Committee.
    [Show full text]
  • Who Will Write Your Rules?
    WHO WILL WRITE YOUR RULES? YOUR STATE COURT OR THE FEDERAL JUDICIARY? 24th Annual Forum for State Appellate Court Judges Forum Endowed by Habush Habush & Rottier S.C. WHO WILL WRITE YOUR RULES? YOUR STATE COURT OR THE FEDERAL JUDICIARY? 24th Annual Forum for State Appellate Court Judges Forum Endowed by Habush Habush & Rottier S.C. When quoting or reprinting any part of this report, credit should be given to the Pound Civil Justice Institute. Permission to reprint a paper should be requested from: Pound Civil Justice Institute 777 Sixth Street, NW, Suite 200 Washington, D.C. 20001 www.poundinstitute.org [email protected] The Endower, Habush Habush & Rottier S.C., and the Forum underwriters have no control over the content of the Forum, the makeup of faculty or attendees, the placement of information in Forum materials, or the editorial content of the 2016 Forum Report. Library of Congress Control Number Pending ISBN: 978-0-933067-26-4 ©2017 Pound Civil Justice Institute We are all citizens, and should be equal under the law. So there should not be separate sets of rules for Walmart and for individuals. —A judge attending the 2016 Forum Predictability should not be espoused at the expense of fairness. —A judge attending the 2016 Forum I don’t think there is a counterrevolution against litigation. There is a counterrevolution against trials. —A judge attending the 2016 Forum TABLE OF CONTENTS FOREWORD ...........................................................................................................................................................................
    [Show full text]
  • Trial As Error, Jurisdiction As Injury: Transforming the Meaning of Article Iii
    TRIAL AS ERROR, JURISDICTION AS INJURY: TRANSFORMING THE MEANING OF ARTICLE III Judith Resnik TABLE OF CONTENTS I. A "FAILURE OF THE SYSTEM"................................................................................................ 925 II. JUDICIAL TRANSFORMATIONS OF THE DAILY PRACTICES OF JUDGING ........................... 933 A. ProceduralAspirations and Sources ................................................................................. 935 B. A CorporateStructure, Large Scale Litigation,and M ore Cases .................................... 937 C. Teaching Judges.......................................................................................................... 943 I. AN INSTITUTIONAL VOICE ................................................................................................. 949 A. The Infrastructure.............................................................................................................. 949 B. Collective Concerns............................................................................................................ 957 i. Changing Attitudes About Authority .......................................................................... 958 2. Redefining the W ork Appropriate for Life-Tenured Judges ....................................... 967 (a) "Important" Cases .................................................................................................. 968 (b) Identity by Association ........................................................................................... 970
    [Show full text]
  • A Constitutional Charge and a Comparative Vision to Substantially
    William & Mary Law Review Volume 37 (1995-1996) Issue 2 Article 4 February 1996 A Constitutional Charge and a Comparative Vision to Substantially Expand and Subject Matter Specialize the Federal Judiciary: A Preliminary Blueprint for Remodeling Our National Houses of Justice and Establishing a Separate System of Federal Criminal Courts Victor Williams Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Criminology and Criminal Justice Commons, and the Jurisdiction Commons Repository Citation Victor Williams, A Constitutional Charge and a Comparative Vision to Substantially Expand and Subject Matter Specialize the Federal Judiciary: A Preliminary Blueprint for Remodeling Our National Houses of Justice and Establishing a Separate System of Federal Criminal Courts, 37 Wm. & Mary L. Rev. 535 (1996), https://scholarship.law.wm.edu/wmlr/vol37/iss2/4 Copyright c 1996 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr A CONSTITUTIONAL CHARGE AND A COMPARATIVE VISION TO SUBSTANTIALLY EXPAND AND SUBJECT MATTER SPECIALIZE THE FEDERAL JUDICIARY: A PRELIMINARY BLUEPRINT FOR REMODELING OUR NATIONAL HOUSES OF JUSTICE AND ESTABLISHING A SEPARATE SYSTEM OF FEDERAL CRIMINAL COURTS VICTOR WILLIAMS* Where there is no judiciary department to interpret, pro- nounce, and execute the law, to decide controversies, to pun- ish offenses, and to enforce rights, the government must either perish from its own weakness, or the other depart- ments
    [Show full text]
  • Rethinking the Jury
    William & Mary Bill of Rights Journal Volume 3 (1994) Issue 1 Article 3 August 1994 Rethinking the Jury Phoebe A. Haddon Follow this and additional works at: https://scholarship.law.wm.edu/wmborj Part of the Criminal Procedure Commons Repository Citation Phoebe A. Haddon, Rethinking the Jury, 3 Wm. & Mary Bill Rts. J. 29 (1994), https://scholarship.law.wm.edu/wmborj/vol3/iss1/3 Copyright c 1994 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmborj RETHINKING THE JURY Phoebe A. Haddon* "In the ideal world perhaps we'd like most decisions to be made by juries. I. INTRODUCTION The civil jury2 has often been cast as the quintessential democratic institution, but its practical value in promoting justice has also been questioned.3 A metaphor for citizen participation in legal decision-making, the modem civil jury enjoys a visible but often marginalized role in the administration of justice. The symbolic commitment to the presence and * Professor of Law, Temple University School of Law. B.A., Smith College; J.D., Duquesne Law School; LL.M., Yale Law School. I would like to thank my colleagues, particularly those who critiqued a rougher first draft, at the Fourth Annual Critical Race Theory Workshop in 1992, for their assistance and helpful comments after reading earlier versions of this Article. Thanks especially to: Peggy Davis, Lani Guinier, David Kairys, Michael Libonati, Frank McClellan, Joseph Passon, and David Sonenshein. I greatly appreciated the support and research assistance of Gicene Brignola, Doneene Keemer Damon, Debora Fliegelman, Jeanmarie Martinko, and Stephanie Montgomery.
    [Show full text]
  • Grounded on Newly Discovered Evidence
    GROUNDED ON NEWLY DISCOVERED EVIDENCE Paul Mogin* INTRODUCTION The Supreme Court recently highlighted the ªduty of the judiciary ... to seek and to ®nd the proper balance between the necessity for fair and just trials and the importance of ®nality of judgments.º1 In Federal Rule of Criminal Procedure 33, adopted as part of the original Rules in 1944 and amended several times since, the Court has sought to ®nd such a balance. Rule 33, which authorizes a district court to grant a motion for new trial ªif the interest of justice so requires,º provides a multi-year period to ®le a motion ªgrounded on newly discovered evidence,º but requires a motion ªgrounded on any [other] reasonº to be ®led within days.2 Several amendments since 1944 have modi®ed the precise time periods and when the multi-year period begins to run, but they have preserved the signi®cant difference in treatment of the two categories of motions. Rule 33(b)(1) now provides that a new trial motion grounded on newly discovered evidence may be ®led within three years of the verdict, whereas Rule 33(b)(2) requires that a motion grounded on any other reason be ®led within fourteen days. Although Rule 33 does not de®ne ªinterest of justiceº and ªthe courts have had little success in trying to generalize its meaning,º3 they agree that the phrase at least permits the grant of a new trial, pursuant to a motion ®led within fourteen days of the verdict, because (1) the verdict is against the weight of the evidence4 or * Senior Counsel, Williams & Connolly LLP, Washington, DC.
    [Show full text]