Judge Nancy Gertner Crime, Race and Justice

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Judge Nancy Gertner Crime, Race and Justice

central european university cordially invites you to a Rector’s Lecture Series event co-hosted by Department of Legal Studies, Department of Gender Studies and Human Rights Students Initiative delivered by Judge Nancy Gertner United States District Court for the District of Massachusetts on Crime, Race and Justice: A Gendered Perspective Introduction: Judge Nancy Gertner graduated Barnard College (BA, 1967) and Yale University (JD and MA, John Shattuck Political Science, 1971). After decades as a lawyer, she was appointed to be a United States President and Rector District Court Judge. She was recently presented Professor of Legal Studies with the prestigious Thurgood Marshall Award of the American Bar Association, in honor of her distinguished career as both a lawyer and judge. Moderator: The only other woman to receive this honor was Supreme Court Justice Ginsburg. Renata Uitz Judge Gertner has combined academic and judicial careers, including teaching at Yale Law School Chair, Comparative Constitutional (since 1998) and Harvard Law School (in 2011). She has published articles, Law Program, Professor, books and book chapters, including The Law of Juries, (with Judith Mizner) (Thompson Reuters, 2010) and a memoir, In Defense of Women: Memoirs of Department of Legal Studies an Unrepentant Advocate (Beacon Press, 2011), which focuses on the period during her work as a criminal defense and civil rights lawyer before joining the Federal bench in 1994. Date: Among numerous other important issues, she has examined how the law relates to women and minorities and has been a leader in trying to stop the Wednesday, December 1, 2010 practice of racial profiling by police. She also recently made a major judicial decision about reducing the penalty to be paid to Sony Corp. by a student who downloaded copyrighted content from the Internet. In addition, she has lectured Time: widely on women’s rights, criminal justice and human rights—teaching judges from the former Soviet Union (ABA-CEELI Institute) and judges, lawyers and 5:00 p.m. students in Turkey, Israel, Vietnam, Cambodia, Liberia and Japan. She travels yearly to China with Yale’s China Project and the Wellesley Centers for Women. “Nancy Gertner is a courageous pioneer and brilliant jurist whose life lessons will Venue: interest anyone who has ever stood in a courtroom, fought for a cause, or juggled a demanding career and loving family.” —Rosabeth Moss Kanter, Harvard Business popper room (ceu, nador u. 9) School professor and author of The Change Masters, Confidence,and SuperCorp RSVP by Monday, November 29, 2010: Followed by a reception Katalin Lassu Phone: 1-327-3065, E-mail: [email protected].

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CURRICULUM VITAE - 2011 - the Honorable Nancy Gertner United States District Court for the District of Massachusetts John Joseph Moakley U.S
CURRICULUM VITAE - 2011 - The Honorable Nancy Gertner United States District Court for the District of Massachusetts John Joseph Moakley U.S. Courthouse 1 Courthouse Way Boston, MA 02210 Date of Birth: May 22, 1946 Admitted to Practice: December, 1972 Appointed to Bench: April 25, 1994 LEGAL EDUCATION Yale University, J.D. (1971) Yale Law Journal, Board of Editors GRADUATE EDUCATION Yale University, Department of Political Science M.A. Degree 1971 (Completion of all course requirements towards Ph.D.) UNDERGRADUATE EDUCATION Barnard College, Columbia University B.A. June, 1967 (Major in Political Science) Cum Laude, with Honors in Government EMPLOYMENT RECORD Employer From To Nature of Work Yale Law School 1998 Present Visiting Lecturer (sentencing) U.S. District Court 4/94 9/11 Judge Harvard Law School 9/11 Present Professor Northeastern University 2001 2001 Visiting Lecturer Law School Dwyer, Collora & Gertner 6/90 4/94 Partner THE HONORABLE NANCY GERTNER Curriculum Vitae ‐ 2011 Page ‐2‐ Boston College 1995 1998 Instructor Law School (Jury System, Advanced Evidence) Boston University 9/72 9/90 Instructor School of Law (Jury System 9/94 9/95 Discrimination) Harvard Law School 9/85 6/86 Visiting Professor (Evidence, Sex Dis- crimination, Advanced Criminal Procedure) 1/11 1/31/11 Harvard Law School (sentencing) Silverglate, Gertner, 11/73 6/90 Partner Fine & Good U.S. Court of Appeals 9/71 10/72 Clerk for Chief Judge Seventh Circuit Luther M. Swygert Chicago, Illinois PUBLICATIONS AND PAPERS Books 1. Implicit Bias, Justin Levinson, ed., chapter on Employment Discrimination with Melissa Hart (2012) Cambridge University Press) (FORTHCOMING). 2.
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Gertner, Hon. Nancy
Judicial Profile MELISSA JUAREZ Hon. Nancy Gertner U.S. District Judge, District of Massachusetts FOR MOST OF the early part of the 20th century, the Lower East Side of Manhattan, located in the southeastern part of New York City, was a major immigrant hub where waves of hardworking peo- ple from all over the world came to begin their own versions of the American dream. Among the most notable of the immigrant groups to settle in this community were Eastern Europeans of the Jewish faith, who made the four miles of small, crammed buildings their first homes in the United States. When they arrived at Ellis Island, they had no money and no family roots, and they spoke little to no English. As the new generation of Jewish Ameri- cans started businesses and became more and more successful, the neighborhood flourished, creating the most recognized and vibrant Jewish neighborhood in the United States. In a small part of this tightly knit, mostly low- to middle-class neighborhood, Judge Nancy Gertner of the U.S. District Court for the Dis- trict of Massachusetts was born on May 22, 1946. she always had to struggle to overcome what she Judge Gertner lived in a tenement apartment build- perceived as antiquated gender roles. Nevertheless, ing along with her mother, an Austrian-American, she was heavily involved in various activities in high her father, a Polish-American, and an older sister. school, such as the yearbook, literary magazine, Her father owned a small linoleum store and catered cheerleading, and the theater. In 1963, she gradu- to people who lived in the nearby public housing ated from Flushing High School as the class vale- buildings.
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Sunshine in the Courtroom Act of 2007
SUNSHINE IN THE COURTROOM ACT OF 2007 HEARING BEFORE THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS FIRST SESSION ON H.R. 2128 SEPTEMBER 27, 2007 Serial No. 110–160 Printed for the use of the Committee on the Judiciary ( Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 37–979 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Aug 31 2005 14:09 Mar 11, 2009 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 H:\WORK\FULL\092707\37979.000 HJUD1 PsN: 37979 COMMITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. ‘‘BOBBY’’ SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas STEVE CHABOT, Ohio MAXINE WATERS, California DANIEL E. LUNGREN, California WILLIAM D. DELAHUNT, Massachusetts CHRIS CANNON, Utah ROBERT WEXLER, Florida RIC KELLER, Florida LINDA T. SA´ NCHEZ, California DARRELL ISSA, California STEVE COHEN, Tennessee MIKE PENCE, Indiana HANK JOHNSON, Georgia J. RANDY FORBES, Virginia BETTY SUTTON, Ohio STEVE KING, Iowa LUIS V. GUTIERREZ, Illinois TOM FEENEY, Florida BRAD SHERMAN, California TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas ANTHONY D. WEINER, New York JIM JORDAN, Ohio ADAM B.
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Opinions I Should Have Written
GERTNER (DO NOT DELETE) 2/17/2016 12:19 PM Copyright 2016 by Judge Nancy Gertner (Ret.) Printed in U.S.A. Vol. 110, No. 2 Pope & John Lecture OPINIONS I SHOULD HAVE WRITTEN Judge Nancy Gertner (Ret.) In 1991, the Chicago law firm of Pope & John Ltd. established a lecture series at Northwestern University School of Law. The Pope & John Lecture on Professionalism focuses on the many dimensions of a lawyer’s professional responsibility, including legal ethics, public service, professional civility, pro bono representation, and standards of conduct. The Northwestern University Law Review is pleased to present the November 12, 2014 Pope & John Lecture by Judge Nancy Gertner. AUTHOR—Judge Gertner was a judge of the United States District Court for the District of Massachusetts from 1994 to 2011, when she retired to join the faculty of the Harvard Law School. At Harvard Judge Gertner has taught criminal law, criminal procedure, gender and judging, law and forensic evidence, law and neuroscience, as well as sentencing. She was a graduate of the Yale Law School, where she also taught for ten years, while serving as a judge. Prior to the bench, Judge Gertner spent two decades as a criminal defense lawyer, civil rights, and women’s rights lawyer. In August 2008, Judge Gertner received the Thurgood Marshall Award from the American Bar Association Section of Individual Rights and Responsibilities, the second woman to receive the award after Justice Ruth Bader Ginsburg. In August 2015, Judge Gertner received the ABA’s highest award for achievements for women, the Margaret Brent Women Lawyers of Achievement Award.
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Addressing Campus Sexual Assault and Ensuring Student Safety and Rights
S. Hrg. 116–432 REAUTHORIZING HEA: ADDRESSING CAMPUS SEXUAL ASSAULT AND ENSURING STUDENT SAFETY AND RIGHTS HEARING OF THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION APRIL 2, 2019 Printed for the use of the Committee on Health, Education, Labor, and Pensions ( VerDate Sep 11 2014 10:45 May 07, 2021 Jkt 000000 PO 00000 Frm 00001 Fmt 6011 Sfmt 6011 S:\DOCS\41394.TXT MICAH HELPN-012 with DISTILLER REAUTHORIZING HEA: ADDRESSING CAMPUS SEXUAL ASSAULT AND ENSURING STUDENT SAFETY AND RIGHTS VerDate Sep 11 2014 10:45 May 07, 2021 Jkt 000000 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 S:\DOCS\41394.TXT MICAH HELPN-012 with DISTILLER with HELPN-012 S. HRG. 116–432 REAUTHORIZING HEA: ADDRESSING CAMPUS SEXUAL ASSAULT AND ENSURING STUDENT SAFETY AND RIGHTS HEARING OF THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION ON EXAMINING REAUTHORIZING HEA, FOCUSING ON ADDRESSING CAMPUS SEXUAL ASSAULT AND ENSURING STUDENT SAFETY AND RIGHTS APRIL 2, 2019 Printed for the use of the Committee on Health, Education, Labor, and Pensions ( Available via the World Wide Web: http://www.govinfo.gov U.S. GOVERNMENT PUBLISHING OFFICE 41–394 PDF WASHINGTON : 2021 VerDate Sep 11 2014 10:45 May 07, 2021 Jkt 000000 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 S:\DOCS\41394.TXT MICAH HELPN-012 with DISTILLER COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS LAMAR ALEXANDER, Tennessee, Chairman MICHAEL B. ENZI, Wyoming PATTY MURRAY, Washington RICHARD BURR, North Carolina BERNARD SANDERS (I), Vermont JOHNNY ISAKSON, Georgia ROBERT P.
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Sentencing Insights from a Chat with Judge Nancy Gertner
Portfolio Media. Inc. | 111 West 19th Street, 5th floor | New York, NY 10011 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Sentencing Insights From A Chat With Judge Nancy Gertner By Alan Ellis (February 2, 2020, 8:02 PM EST) In 1983, I asked the incoming president of the National Association of Criminal Defense Lawyers, the late Robert W. Richie of Knoxville, Tennessee, if I might chair a new committee that I was discussing with past president Gerald Goldstein, then of San Antonio, Texas, and now of Aspen, Colorado. Its task would be to represent and counsel criminal defense lawyers who were imperiled with risk of contempt, disqualification, subpoena or bar grievance arising out of their vigorous and ethical defense of their clients. It was to be called the NACDL Lawyers Assistance Strike Force. Alan Ellis The first client of the Strike Force was Nancy Gertner, then a prominent lawyer in Boston. Gertner and her co-counsel had been subpoenaed on the eve of trial in the U.S. District Court for the District of New Hampshire to turn over fee records from certain clients in order to show that if clients could afford top-notch lawyers, they couldn’t possibly be menial workers. (Gertner’s client was a parking attendant but had the funds to retain her.) I flew to New Hampshire and testified on behalf of the NACDL Strike Force, which resulted in the judge's quashing the subpoenas: The use of the phrase chilling affect upon the role of an attorney engaged in criminal defense work by being served a subpoena in circumstances such as this is mild.
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Neuroscience and Sentencing
NEUROSCIENCE AND SENTENCING Nancy Gertner* INTRODUCTION This symposium comes at a propitious time for me. I am reviewing the sentences I was obliged to give to hundreds of men—mostly African American men—over the course of a seventeen-year federal judicial career.1 As I have written elsewhere, I believe that 80 percent of the sentences that I imposed were unfair, unjust, and disproportionate.2 Everything that I thought was important—that neuroscientists, for example, have found to be salient in affecting behavior—was irrelevant to the analysis I was supposed to conduct. My goal—for which this symposium plays an important part—is to reevaluate those sentences now under a more rational and humane system, this time at least informed by the insights of science. The question is how to do that: How can neuroscience contribute to the enterprise and what are the pitfalls? This Article represents a few of my preliminary conclusions, but my retrospective analysis is not complete. I approach the issue of neuroscience and sentencing from three vantage points. First, I look at the sentencer’s brain. I ask who the sentencing decision maker is and what cognitive and other pressures the sentencer experiences.3 The insights of neuroscience will be a nullity if they are filtered through a system—like the one I labored under—that makes them irrelevant, ignored, and even trivialized. Likewise, science will be irrelevant if decades of a mandatory sentencing system has affected the cognitive lens through which judges today see the sentencing task, as I believe it has. Nearly thirty years of sentencing by a flawed formula—of avoiding the exercise of meaningful discretion; of major changes in the division of labor on * Senior Lecturer on Law, Harvard Law School; Judge (Ret.), U.S.
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Deposition of Alan M. Dershowitz – October 15, 2015
1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-000072 BRADLEY J. EDWARDS and PAUL G. CASSELL,, Plaintiffs, vs. ALAN M. DERSHOWITZ, Defendant. ________________________________/ VIDEOTAPE DEPOSITION OF ALAN M. DERSHOWITZ VOLUME 1 Pages 1 through 179 Thursday, October 15, 2015 9:31 a.m. - 4:13 p.m. Cole Scott & Kissane 110 Southeast 6th Street Fort Lauderdale, Florida Stenographically Reported By: Kimberly Fontalvo, RPR, CLR Realtime Systems Administrator www.phippsreporting.com (888)811-3408 2 4 1 APPEARANCES: 1 I N D E X 2 2 On behalf of Plaintiffs: 3 3 SEARCY, DENNEY, SCAROLA 4 Examination Page 4 BARNHART & SHIPLEY, P.A. 5 2139 Palm Beach Lakes Boulevard 5 West Palm Beach, Florida 33402-3626 6 VOLUME 1 (Pages 1 - 179) BY: JACK SCAROLA, ESQ. 7 6 [email protected] Direct By Mr. Scarola 6 7 8 Certificate of Oath 176 8 On behalf of Defendant: Certificate of Reporter 177 9 COLE, SCOTT & KISSANE, P.A. 9 Dadeland Centre II - Suite 1400 Read and Sign Letter to Witness 178 10 9150 South Dadeland Boulevard Errata Sheet (forwarded upon execution) 179 Miami, Florida 33156 10 11 BY: THOMAS EMERSON SCOTT, JR., ESQ. [email protected] 11 No exhibits marked to Volume 1. 12 BY: STEVEN SAFRA, ESQ. (Via phone) 12 [email protected] 13 13 --and-- 14 SWEDER & ROSS, LLP 14 131 Oliver Street 15 15 Boston, MA 02110 BY: KENNETH A. SWEDER, ESQ. 16 16 [email protected] 17 17 --and-- 18 18 WILEY, REIN 17769 K Street NW 19 19 Washington, DC 20006 20 BY: RICHARD A.
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Feminism, Stalled: Thoughts on the Leaky Pipeline
FEMINISM, STALLED: THOUGHTS ON THE LEAKY PIPELINE Judge Nancy Gertner (Ret.) 2012 MICH. ST. L. REV. 1473 In my last year on the bench, I had two extraordinary women law clerks. They were smart, interesting, and dogged individualists, to boot. One had been a student in my sentencing class at Yale Law School, where I taught for ten years while I was a district court judge. After graduation and before clerking for me, she went to Liberia to write a manual for sexual assault cases and help set up specialized gender violence courts. The condi tions were challenging, not to mention extremely dangerous, and made even more difficult when she found out that she was pregnant with her first child. The second woman was a Stanford Law School graduate who was commit ted to working on fair housing issues as she had before and during law school, no matter how many more lucrative and high status jobs she could have gotten given her stellar academic record. One day, while the three of us were en route to my courtroom, I no ticed that they were dressed the same-black suits, black skirts, plain stock ings, white shirts, pumps, little jewelry. To me, they looked like undertak ers-while I, the judge, over thirty years older, was resplendent in red, my favorite color. I asked why and they sent me to a website to which women law students across the country were directed. 1 The website described the importance of "sticking to a dress code" and the "appropriate attire for women" in extraordinary detail down to the design and heel for the shoes.
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Women and Legal Scholarship: a Bibliography
University of Pennsylvania Carey Law School Penn Law: Legal Scholarship Repository Faculty Scholarship at Penn Law 1991 Women and Legal Scholarship: A Bibliography Paul M. George University of Pennsylvania Carey Law School Susan McGlamery Follow this and additional works at: https://scholarship.law.upenn.edu/faculty_scholarship Part of the Gender and Sexuality Commons, Law and Gender Commons, and the Women's Studies Commons Repository Citation George, Paul M. and McGlamery, Susan, "Women and Legal Scholarship: A Bibliography" (1991). Faculty Scholarship at Penn Law. 1248. https://scholarship.law.upenn.edu/faculty_scholarship/1248 This Article is brought to you for free and open access by Penn Law: Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship at Penn Law by an authorized administrator of Penn Law: Legal Scholarship Repository. For more information, please contact [email protected]. Women and Legal Scholarship: A Bibliography Compiled by Paul M. George* & Susan iV!cGlamery** PREFACE This bibliography on Women and Legal Scholarship is a revised version of a bibliography originally prepared for the conference "Voices of Women: A Conference of Women in Legal Education" held April 20-21, 1990, at New York University School of Law. The Conference was sponsored by the Association of American Law Schools and the American Bar Association Commission on Women in the Profession and the ABA Section on Legal Education and Admissions to the Bar. This compilation includes works about women in legal education and the legal profession, as well as legal scholarship on gender equality and feminist legal theory. It does not cover the much larger subject of the legal issues of women or all articles by women scholars.
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The Conundrum of Cameras in the Courtroom
Chicago-Kent College of Law Scholarly Commons @ IIT Chicago-Kent College of Law All Faculty Scholarship Faculty Scholarship January 2012 The Conundrum of Cameras in the Courtroom Nancy S. Marder IIT Chicago-Kent College of Law, [email protected] Follow this and additional works at: https://scholarship.kentlaw.iit.edu/fac_schol Part of the Communications Law Commons, Courts Commons, Internet Law Commons, and the Law and Society Commons Recommended Citation Nancy S. Marder, The Conundrum of Cameras in the Courtroom, 44 Ariz. St. L.J. 1489 (2012). Available at: https://scholarship.kentlaw.iit.edu/fac_schol/404 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. The Conundrum of Cameras in the Courtroom Nancy S. Marder1 Table of Contents Introduction ..................................................................................................................................... 2 I. Traditional Arguments of Proponents and Opponents ............................................................... 6 A. Proponents’ Arguments and a Critique .................................................................................. 6 1. Education ............................................................................................................................
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74 Portraits Hang in the Halls of YLS. Only 6 Feature Women. Proudly
proudly presents . the PORTRAITS PROJECT 74 portraits hang in the halls of YLS. Only 6 feature women. This guide aims to celebrate the six remarkable alumnae whose portraits grace the walls of the Law School, to draw attention to the unequal visual representation of women, to describe the process by which portraits are created, and to highlight women whose accomplishments might merit a portrait. We hope this resource inspires interested students and alumni to change the disparate visual representation that currently persists in the halls of YLS. THE WOMEN IN THE PORTRAITS Carolyn Agger (LL.B. 1938) Portrait Painted in 1949; Located in the Alumni Reading Room. Carolyn Agger was an influential tax lawyer in Washington, D.C. at a time when extremely few women were lawyers. She graduated from Barnard College in 1931 and earned a master’s degree in economics from the University of Wisconsin in 1932 before starting her career in Washington at various New Deal agencies. Agger attended Yale Law School at the suggestion of her husband, Supreme Court Justice Abe Fortas, who was a professor there. After graduating from Yale Law School in 1938, Agger worked in government at the National Labor Relations Board, the Senate subcommittee on education and labor, and the tax division of the Justice Department, as well as in private practice at Lord, Day & Lord. She later became a partner and one of the top tax lawyers in D.C. at Paul, Weiss, Rifkind, Wharton & Garrison. In 1960, Agger led an exodus of attorneys from Paul, Weiss to Arnold, Fortas & Porter, where she was a senior partner and head of the tax practice.
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