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On Linde, Lawmaking, and Legacies Philip
HONORING HANS: ON LINDE, LAWMAKING, AND LEGACIES PHILIP P. FRicKEY* It is a great honor to present the keynote address at this symposium, "Unparalleled Justice: The Legacy of Hans Linde." The symposium raises several concerns, however. First, consider the title. In his wonderful book, The Devil's Dictionary, Ambrose Bierce defined "legacy" as "a gift from one who is legging it out of this vale of tears."' Yet the work of Hans Linde remains vigorous and ongoing. Indeed, to those of us who know and follow his activities, he remains the Energizer bunny of public law at the age of 82. He just keeps right on going, on the Council of the American Law Institute, on the Oregon Law Commission, and in conversation with students and scholars alike. Second, in honoring Hans, we run the risk of duplication. This is not the first festschrift for him.2 To see if I could find anything new to say, I ran a Google search. I discovered the following: "Hans Linde happens to have a big thing for blondes."3 Alas, it turns out that this particular Hans Linde is a middle-aged fellow who lives in Germany and is involved in some sort of flight simulation club. This Hans Linde likes to simulate flights to Scandinavia. Not our Hans Linde. But for a moment there, I thought I had a new headline for all *Alexander F. and May T. Morrison Professor of Law, University of California at Berkeley (Boalt Hall). This essay encompasses the keynote address presented at the Willamette University College of Law Symposium, UnparalleledJustice: The Legacy of Hans Linde, held on October 27, 2006, supplemented by light footnoting. -
Law Review Scholarship in the Eyes of the Twenty-First Century Supreme Court Justices: an Empirical Analysis
2012] APPENDIX TO 4 DREXEL L. REV. 399 A-1 LAW REVIEW SCHOLARSHIP IN THE EYES OF THE TWENTY-FIRST CENTURY SUPREME COURT JUSTICES: AN EMPIRICAL ANALYSIS Brent E. Newton APPENDIX: OPINIONS ISSUED DURING 2001-11, IN WHICH ONE OR MORE JUSTICES CITED AT LEAST ONE LAW REVIEW ARTICLE 1. Solid Waste Agency of N. Cook Cnty. v. U.S. Army Corps of Eng‘rs, 531 U.S. 159 (2001). Id. at 177 (Stevens, J., dissenting) (citing Sam Kalen, Commerce to Conservation: The Call for a National Water Policy and the Evolution of Federal Jurisdiction Over Wetlands, 69 N.D. L. REV. 873 (1993)). Author: Associate, Van Ness, Feldman & Curtis Law Review Ranking: 454 Id. at 178 n.4 (Stevens, J., dissenting) (citing Garrett Power, The Fox in the Chicken Coop: The Regulatory Program of the U.S. Army Corps of Engineers, 63 VA. L. REV. 503 (1977)). Author: Professor of Law, University of Maryland School of Law Law Review Ranking: 6 Id. at 195–96 (Stevens, J., dissenting) (citing Richard L. Revesz, Rehabilitating Interstate Competition: Rethinking the ―Race-to-the-Bottom‖ Rationale for Federal Environmental Regulation, 67 N.Y.U. L. REV. 1210 (1992)). Author: Professor of Law, New York University Law Review Ranking: 5 2. Glover v. United States, 531 U.S. 198 (2001). No citations 3. Gitlitz v. Comm‘r of Internal Revenue, 531 U.S. 206 (2001). Id. at 221 (Breyer, J., dissenting) (citing James F. Loebl, Does the Excluded COD Income of an Insolvent S Corporation Increase the Basis of the Shareholders‘ Stock?, 52 U. -
1985 Commencement Program, University Archives, University Of
UNIVERSITY of PENNSYLVANIA Two Hundred Twenty-Ninth Commencement for the Conferring of Degrees PHILADELPHIA CIVIC CENTER CONVENTION HALL Monday, May 20, 1985 Guests will find this diagram helpful in locating the Contents on the opposite page under Degrees in approximate seating of the degree candidates. The Course. Reference to the paragraph on page seven seating roughly corresponds to the order by school describing the colors of the candidates' hoods ac- in which the candidates for degrees are presented, cording to their fields of study may further assist beginning at top left with the College of Arts and guests in placing the locations of the various Sciences. The actual sequence is shown in the schools. Contents Page Seating Diagram of the Graduating Students 2 The Commencement Ceremony 4 Commencement Notes 6 Degrees in Course 8 • The College of Arts and Sciences 8 The College of General Studies 16 The School of Engineering and Applied Science 17 The Wharton School 25 The Wharton Evening School 29 The Wharton Graduate Division 31 The School of Nursing 35 The School of Medicine 38 v The Law School 39 3 The Graduate School of Fine Arts 41 ,/ The School of Dental Medicine 44 The School of Veterinary Medicine 45 • The Graduate School of Education 46 The School of Social Work 48 The Annenberg School of Communications 49 3The Graduate Faculties 49 Certificates 55 General Honors Program 55 Dental Hygiene 55 Advanced Dental Education 55 Social Work 56 Education 56 Fine Arts 56 Commissions 57 Army 57 Navy 57 Principal Undergraduate Academic Honor Societies 58 Faculty Honors 60 Prizes and Awards 64 Class of 1935 70 Events Following Commencement 71 The Commencement Marshals 72 Academic Honors Insert The Commencement Ceremony MUSIC Valley Forge Military Academy and Junior College Regimental Band DALE G. -
2002-2003 Year in Review
Oregon Lawyer 2 0 0 3 UNIVERSITY OF OREGON SCHOOL OF LAW Since 1884, Oregon’s Public 2002-2003 Law School YEAR IN REVIEW NEW STUDENTS Academically Impressive, Geographically Diverse— and More Applicants PROFESSORS Federal Prosecutor, Corporate Attorneys Join Faculty PROGRAMS Appropriate Dispute Resolution and Environmental Law Programs Expand, Portland Business Program Grows. Public Interest/Pro Bono Champs Again! PICTURES Four Seasons at the Knight Law Center, 2003 Commencement and Frohnmayer Award Banquet KUDOS Volunteers Transform Law Students into Lawyers WWW.LAW.UOREGON.EDU U O S C H O O L O F L A W MESSAGE FROM THE DEAN NEW FACULTY AND ADMINISTRATORS, are using our new space in the Portland Center STRENGTHENED PROGRAMS AMONG building owned by the UO for summer school FIRST YEAR ACCOMPLISHMENTS classes, student recruitment, and career services activities. It has been an exciting and eventful first year, and We continue to add energetic new faculty with I am very pleased with the steps forward that the impressive academic and practice credentials to law school has taken. our ranks. Tom Lininger, who previously worked This year we had 1,900 as a federal prosecutor in Oregon and with the applicants for 180 places law firm of Skadden, Arps in San Francisco, will in our entering class, be teaching evidence and legal profession. Judd and the students we Sneirson, who previously worked for Willkie, admitted as the Class of Farr & Gallagher in New York and as a law clerk 2006 are among the best for a federal judge, will be teaching contracts credentialed and most and business associations. -
Ten Lessons in Appellate Advocacy
Federal Trade Commission Ten Lessons in Appellate Advocacy Remarks of J. Thomas Rosch Commissioner, Federal Trade Commission before the Howrey LLP Antitrust Fundamentals Seminar Washington, DC February 24, 2011 Last Fall at the ABA Antitrust Section’s Masters Course in Williamsburg, I talked about some of the lessons—both good and bad— that I learned during the forty-plus years I was an antitrust trial lawyer.1 There were more lessons I could have shared—like who gets to sit closest to the jury (it’s always plaintiff’s counsel, as Bill Schwarzer and I learned to our dismay one day when, representing Chrysler, we tried to preempt those coveted seats only to have the trial judge The views stated here are my own and do not necessarily reflect the views of the Commission or other Commissioners. I am grateful to my attorney advisor, Henry Su, for his invaluable assistance in putting these thoughts to paper. 1 J. Thomas Rosch, Can Antitrust Trial Skills Really Be “Mastered”? Tales Out of School About How to Try (or Not to Try) an Antitrust Case, Remarks Presented at the ABA Section of Antitrust Law Antitrust Masters Course (Sept. 30, 2010), available at http://www.ftc.gov/speeches/rosch/100930roschmasterscourseremarks.pdf. (old Judge William Sweigert) sternly tell us to take our proper places).2 And whether there’s any point, as a defendant, in contesting the seating of a 6-person instead of a 12-person civil jury (there isn’t, though that would always seem to favor the plaintiff, given the unanimity requirement).3 But today I’d like to talk about something else: appellate advocacy.4 More specifically, I’d like to share with you some of the good and bad things I have learned about that subject over the same forty years and a lot of appellate arguments. -
Unpublished Court of Appeals Decisions: a Hard Look at the Process†
UNPUBLISHED COURT OF APPEALS DECISIONS: A HARD LOOK AT THE PROCESS† STEPHEN L. WASBY‡ I. INTRODUCTION The burgeoning caseload of the U.S. courts of appeals, which has outpaced the increase in district court filings and also has risen more rapidly than has the number of appellate judges, has caused a problem for these courts. As mandatory jurisdiction courts which must rule on all appeals brought to them, even if the issues are elementary and the answers obvious, what should they do? Both formally and informally, they have used a type of triage by sorting out cases for differing types of treatment. To aid in coping, for over thirty years the courts of appeals have issued dispositions which are not published and which are not to be cited as precedent. Whether dispositions become published opinions or unpublished memoranda is a result of the judges, clerks, and parties who prepare them and the process through which dispositions move. A published opinion may have started as such, or it may have been proposed as an unpublished judgment. A disposition that began life as a proposed memorandum disposition may see the light of day as a published opinion, and there may have been debate within the panel of judges as to the type of disposition to be issued. Because it is time for systematic attention to the actuality of practices in the courts of appeals leading to unpublished dispositions,1 this article is offered to provide some empirical groundwork about the process † This article is based on a paper presented to the Midwest Political Science Association (Chicago, Ill. -
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. -
Case No. 09-2473 in the United States Court of Appeals
Case: 09-2473 Document: 00116058015 Page: 1 Date Filed: 05/05/2010 Entry ID: 5443428 CASE NO. 09-2473 IN THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT FREEDOM FROM RELIGION FOUNDATION, et al. Plaintiffs-Appellants, v. HANOVER SCHOOL DISTRICT, et al. Defendants-Appellees, On Appeal from the United States District Court for the District of New Hampshire (District Court #1:07-cv-356) APPELLANTS’ REPLY BRIEF MICHAEL NEWDOW ROSANNA FOX Counsel for Plaintiffs Counsel for Plaintiffs PO BOX 233345 12 ELDORADO CIRCLE SACRAMENTO, CA 95823 NASHUA, NH 03062 (916) 424-2356 (603) 318-8479 [email protected] [email protected] Case: 09-2473 Document: 00116058015 Page: 2 Date Filed: 05/05/2010 Entry ID: 5443428 TABLE OF CONTENTS TABLE OF AUTHORITIES ........................................................................... iii INTRODUCTION ..............................................................................................1 ARGUMENT.......................................................................................................3 I. “God” means “God” ...........................................................................4 II. The “Power, Prestige and Financial Support of Government” Has Real Consequences............................................14 III. The Organizations Which Have Involved Themselves in this Case Demonstrate that the Case is About (Christian) Monotheism........................................................................................15 IV. Congress’ 2002 Reaffirmation of the Pledge was a Sham -
Suggestions for Studying the Federal Appellate System Carl W
University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1997 Suggestions for Studying the Federal Appellate System 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, Suggestions for Studying the Federal Appellate System, 49 Fla. L. Rev. 189 (1997) 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]. Florida Law Review VOLUME49 APRIL 1997 NUMBER 2 SUGGESTIONS FOR STUDYING THE FEDERAL APPELLATE SYSTEM Carl Tobias* I. ORIGINS AND DEVELOPMENT OF A NATIONAL STUDY COMMISSION . 192 A. General Background . 192 B. Ninth Circuit . 196 1. Earlier Proposals to Split the Ninth Circuit and Ameliorative Efforts . 196 2. The 1990 Effort . 197 3. Activities of the 104th Congress . 198 a. Circuit-Splitting Bills . 198 b. Commission Proposals . 202 i. The Senate Proposal . 202 ii. Additional Ninth Circuit-Specific Proposals . 204 4. Activities of the 105th Congress . 205 II. SUGGESTIONS FOR THE Fu11JRE . 214 A. Suggestions for Resolving Unclear Aspects of the Study . 214 B. Suggestions for Efficacious Use of Commission Time . : . 219 1. Information Collection . 219 2. Identifying the Problems . 221 a. The Regional Circuits . 221 b. Ninth Circuit . 223 3. Identifying the Solutions . 226 a. The Regional Circuits . 229 * Professor of Law, University of Montana. I wish to thank Peggy Sanner for valuable suggestions, Cecelia Palmer and Charlotte Wilmerton for processing this piece, as well as Ann and Tom Boone and the Harris Trust for generous, continuing support. -
View / Open Wasby.Pdf
WASBY (DO NOT DELETE) 12/2/2014 2:47 PM STEPHEN L. WASBY* Goodwin on Judging Introduction .......................................................................................... 2 I. Judging Style and Jurisprudence .............................................. 4 A. Committed to a Position? ................................................... 4 B. Law, Justice, and Compassion ........................................... 8 C. Activism and Due Process................................................ 12 D. On Government ................................................................ 14 1. For Courts or Legislatures .......................................... 14 2. Federal or State Courts ............................................... 17 3. Administration and Bureaucracy ................................ 20 a. Bureaucracy Disliked ........................................... 20 b. Deference to Agency Action ................................ 21 II. Appellate Judging .................................................................... 25 A. Oral Argument ................................................................. 25 B. On Opinions ..................................................................... 28 1. Length ......................................................................... 28 2. Breadth ....................................................................... 31 3. Published or Not? ....................................................... 35 * BA, Antioch College; MA, PhD (political science), University of Oregon. Professor of Political -
Recent Books
Michigan Law Review Volume 95 Issue 7 1997 Recent Books Michigan Law Review Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Legal Writing and Research Commons Recommended Citation Michigan Law Review, Recent Books, 95 MICH. L. REV. 2343 (1997). Available at: https://repository.law.umich.edu/mlr/vol95/iss7/6 This Regular Feature 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]. RECENT BOOKS BOOKS RECEIVED ADMINISTRATIVE LAW Robert A. Hillman. Boston: Kluwer Aca AN INTRODUCllON TO ADMINISTRATIVE demic Publishers. 1997. Pp. xiv, 279. $115. LAw, 3RD ED. By Peter Cane. New York: Clarendon Press/Oxford University Press. ENTERTAINMENT 1996. Pp. xi, 401. $69. THE YE ARBO OK OF MEDIA AND ENTERTAINMENT LAw 1996. Edited by Eric ATTORNEYS M. Barendt. New York: Clarendon Press/ LAWYERLAND. By Lawrence Joseph. New Oxford University Press. 1996. Pp. xii, 592. York: Farrar, Straus & Giroux. 1997. Pp. $245. 225. $22. EUROPEAN COMMUNITY CHILD CUSTODY EC COMPETITION LAW IN THE TRANS FATHERS' RIGHTS: HARD-HITTING & PORT SECTOR. By Luis Ortiz Blanco & Ben FAIR ADV ICE FOR EVERY FATHER Van Houtte. New York: Clarendon Press/ INVOLVED IN A CuSTODY DISPUTE. By Jef Oxford University Press. 1996. Pp. xlvii, fery M. Leving with Kenneth A. Dachman, 288. $145. Ph.D. New York: Basic Books. 1997. Pp. xvii, 222. -
Texas Law Judicial Clerks List
Texas Law Judicial Clerks List This list includes Texas Law alumni who reported their clerkships to the Judicial Clerkship Program – or whose names were published in the Judicial Yellow Book or Martindale Hubbell – and includes those who clerked during the recent past for judges who are currently active. There are some judges and courts for which few Texas Law alumni have clerked – in these cases we have listed alumni who clerked further back or who clerked for judges who are no longer active. Dates following a law clerk or judge’s name indicate year of graduation from the University of Texas School of Law. Retired or deceased judges, or those who has been appointed to another court, are listed at the end of each court section and denoted (*). Those who wish to use the information on this list will need to independently verify the information being used. Federal Courts U.S. Supreme Court ............................................................................................................. 2 U.S. Circuit Courts of Appeals ............................................................................................. 3 First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit Federal Circuit District of Columbia Circuit U.S. Courts of Limited Jurisdiction ...................................................................................... 9 Executive Office for Immigration Review U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for Veteran Claims U.S. Court of Federal Claims U.S. Court of International Trade U.S. Tax Court U.S. District Courts (listed alphabetically by state) ............................................................ 10 State Courts State Appellate Courts (listed alphabetically by state) ........................................................ 25 State District & County Courts (listed alphabetically by state) ..........................................