The Literary Argument for Heightened Scrutiny for Gays
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Federal Sentencing Reform Jon O
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Howard and Iris Kaplan Memorial Lecture Lectures 4-23-2003 Federal Sentencing Reform Jon O. Newman Senior Judge for the United States Court of Appeals for the Second Circuit Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/lectures_kaplan Part of the Criminal Law Commons Recommended Citation Newman, Jon O., "Federal Sentencing Reform" (2003). Howard and Iris Kaplan Memorial Lecture. 19. http://scholarlycommons.law.hofstra.edu/lectures_kaplan/19 This Lecture is brought to you for free and open access by the Lectures at Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Howard and Iris Kaplan Memorial Lecture by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. HOFSTRA UNNERSITY 5ci-rOOLOF lAW 2002-2003 Howard and Iris Kaplan Memorial Lecture Series The Honorable Jon 0. Newman Senior Judge, Un ited States Co urt of Appeals for the Second Circuit JON 0 . NEWMAN j on 0. Newman is a Senior Judge of the United States Court of Appeals for th e Second Circuit (Connecticut, New York and Vennont.), on which he has served since june 1979. He was Chief judge of the Second Circuit from july 1993 to June 1997, and he served as a United States District judge for the Distri ct of Connecti cut from j anuary 1972 until his appointment to th e Court of Appeals. judge Newman graduated from Princeton University in 1953 and from Yale Law School in 1956. -
The Federalist Society for Law and Public Policy Studies 2009 Annual Report
The Federalist Society for Law and Public Policy Studies 2009 Annual Report “The Courts must declare the sense of the law; and if they should be disposed to exercise will instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body.” The Federalist 78 THE FEDERALIST SOCIETY aw schools and the legal profession are currently strongly dominated by a L form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law. The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, law students and professors. In working to achieve these goals, the Society has created a conservative intellectual network that extends to all levels of the legal community. -
The Judiciary and the Academy: a Fraught Relationship
THE JUDICIARY AND THE ACADEMY: A FRAUGHT RELATIONSHIP RICHARD A. POSNER* I have been a federal court of appeals judge since 1981, and before that I had been a full-time law professor since 1968. And since becoming a judge I have continued to teach part time and do academic research and writing. The United States is unusual if not quite unique in the porousness of the membranes that separate the different branches of the legal profession. The judiciary both federal and state is a lateral-entry institution rather than a conventional civil service; and unlike the British system (though that system is loosening up and becoming more like the U.S. system), in which the judges are drawn from a narrow, homogeneous slice of the legal profession – namely, senior barristers – American judges are drawn from all the different branches of the profession, including the academic. Among appellate judges who came to the bench from academia are Oliver Wendell Holmes (although he had joined the Harvard Law School faculty only months before being appointed to the Supreme Judicial Court of Massachusetts, he had been doing academic writing for many years), Harlan Fiske Stone, William O. Douglas, Felix Frankfurter, Antonin Scalia, Ruth Ginsburg, and Stephen Breyer (U.S. Supreme Court); Calvert Magruder, Charles Clark, Jerome Frank, Joseph Sneed, Harry Edwards, Robert Bork, Ralph Winter, Frank Easterbrook, Stephen Williams, J. Harvie Wilkinson, John Noonan, Douglas Ginsburg, S. Jay Plager, Kenneth Ripple, Guido Calabresi, Michael McConnell, William Fletcher, and Diane Wood (U.S. courts of appeals); and Roger Traynor, Hans Linde, Benjamin Kaplan, Robert Braucher, Ellen Peters, and Charles Fried (state supreme courts). -
Judges As Honest Agents
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 2010 Judges as Honest Agents Frank H. Easterbrook Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Frank H. Easterbrook, "Judges as Honest Agents," 33 Harvard Journal of Law and Public Policy 915 (2010). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. JUDGES AS HONEST AGENTS FRANK H. EASTERBROOK* I'm here to defend the proposition that, when implementing statutes, judges should be honest agents of the enacting legislature. The honest-agent part is not controversial. It isn't just that Hamilton said in The Federalist that judges would play this role.1 It is that faithful application of statutes is part of our heri- tage from the United Kingdom, and thus what the phrase "the judicial Power" in Article III means. Constitutional structure tells us the same thing. The Presi- dent must take care that the laws be faithfully executed. Judges, who are not elected, cannot have a power to depart from faith- ful implementation, when the elected officials are lashed to the statute. It would be insane to give revisionary powers to people you can't turn out of office. The trade in Article III is simple: Judges get tenure in exchange for promising to carry out fed- eral laws. Tenure is designed to make judges more faithful to statutes, rather than to liberate them from statutes. -
Judical Stratification and the Reputations of the United States Courts of Appeals
Florida State University Law Review Volume 32 Issue 4 Article 14 2005 Judical Stratification and the Reputations of the United States Courts of Appeals Michael E. Solimine [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 Fla. St. U. L. Rev. (2006) . https://ir.law.fsu.edu/lr/vol32/iss4/14 This Article 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 JUDICAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS Michael E. Solimine VOLUME 32 SUMMER 2005 NUMBER 4 Recommended citation: Michael E. Solimine, Judical Stratification and the Reputations of the United States Courts of Appeals, 32 FLA. ST. U. L. REV. 1331 (2005). JUDICIAL STRATIFICATION AND THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS MICHAEL E. SOLIMINE* I. INTRODUCTION.................................................................................................. 1331 II. MEASURING JUDICIAL REPUTATION, PRESTIGE, AND INFLUENCE: INDIVIDUAL JUDGES AND MULTIMEMBER COURTS ............................................................... 1333 III. MEASURING THE REPUTATIONS OF THE UNITED STATES COURTS OF APPEALS . 1339 IV. THE RISE AND FALL OF -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
Protecting Consumer Data Privacy with Arbitration
Florida State University College of Law Scholarship Repository Scholarly Publications 2018 Protecting Consumer Data Privacy with Arbitration Erin O'Hara O'Connor Florida State University College of Law Follow this and additional works at: https://ir.law.fsu.edu/articles Part of the Dispute Resolution and Arbitration Commons, and the Privacy Law Commons Recommended Citation Erin O'Hara O'Connor, Protecting Consumer Data Privacy with Arbitration, 96 N.C. L. REV. 711 (2018), Available at: https://ir.law.fsu.edu/articles/467 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Scholarly Publications by an authorized administrator of Scholarship Repository. For more information, please contact [email protected]. 96 N.C. L. REV. 711 (2018) PROTECTING CONSUMER DATA PRIVACY WITH ARBITRATION* ERIN O’HARA O’CONNOR** INTRODUCTION ....................................................................................... 712 I. FTC ORDERS, CLASS ACTIONS, AND THEIR LIMITATIONS ... 720 A. FTC Enforcement Actions .................................................... 720 B. Class Actions .......................................................................... 724 C. The Concurrence of FTC Enforcement and Class Actions .................................................................................... 727 II. FTC-MONITORED ARBITRATION AS A POTENTIAL SOLUTION ...................................................................................... 727 A. Arbitrating Privacy Harms .................................................. -
FOR IMMEDIATE RELEASE CONTACT: Ashley Berke Director of Public Relations 215.409.6693 [email protected]
FOR IMMEDIATE RELEASE CONTACT: Ashley Berke Director of Public Relations 215.409.6693 [email protected] NINA PILLARD AND KENNETH W. STARR DEBATE HEALTH CARE DURING PETER JENNINGS PROJECT FOR JOURNALISTS AND THE CONSTITUTION Philadelphia, PA (February 8, 2010) – When a massive, global outbreak of a deadly form of “Simian” flu hits the United States in the summer of 2020, a shortfall of vaccine puts the country in a panic, compelling Congress to pass a law giving priority to individuals at risk without reference to citizenship. The Arizona state legislature interprets this silence as a grant to impose its own citizenship-based priority scheme, restricting access to vaccines for non-citizens. A group—consisting of non-citizen pregnant women, parents with young children, and resident aliens—brings a class action lawsuit challenging the law. This hypothetical Supreme Court case testing the constitutionality of rationing health care will be argued by distinguished legal scholars Nina Pillard, Professor of Law at Georgetown Law, and Kenneth W. Starr, Dean of the Pepperdine University School of Law, as part of the National Constitution Center’s Peter Jennings Project for Journalists and the Constitution. A Moot Court: Rationing Health Care will take place on Saturday, February 27 at 1:00 p.m. in the Ceremonial Courtroom at The United States District Court for the Eastern District of Pennsylvania located at 601 Market Street in Philadelphia. Admission is free, but seating is limited. Reservations are required and can be made by calling 215.409.6700. The panel of judges includes: • Guido Calabresi, Judge, United States Court of Appeals for the Second Circuit • Michael A. -
Choosing the Next Supreme Court Justice: an Empirical Ranking of Judicial Performance†
Choosing the Next Supreme Court Justice: † An Empirical Ranking of Judicial Performance Stephen Choi* ** Mitu Gulati † © 2004 Stephen Choi and Mitu Gulati. * Roger J. Traynor Professor, U.C. Berkeley Law School (Boalt Hall). ** Professor of Law, Georgetown University. Kindly e-mail comments to [email protected] and [email protected]. Erin Dengan, Édeanna Johnson-Chebbi, Margaret Rodgers, Rishi Sharma, Jennifer Dukart, and Alice Kuo provided research assistance. Kimberly Brickell deserves special thanks for her work. Aspects of this draft benefited from discussions with Alex Aleinikoff, Scott Baker, Lee Epstein, Tracey George, Prea Gulati, Vicki Jackson, Mike Klarman, Kim Krawiec, Kaleb Michaud, Un Kyung Park, Greg Mitchell, Jim Rossi, Ed Kitch, Paul Mahoney, Jim Ryan, Paul Stefan, George Triantis, Mark Seidenfeld, and Eric Talley. For comments on the draft itself, we are grateful to Michael Bailey, Suzette Baker, Bill Bratton, James Brudney, Steve Bundy, Brannon Denning, Phil Frickey, Michael Gerhardt, Steve Goldberg, Pauline Kim, Bill Marshall, Don Langevoort, Judith Resnik, Keith Sharfman, Steve Salop, Michael Seidman, Michael Solimine, Gerry Spann, Mark Tushnet, David Vladeck, Robin West, Arnold Zellner, Kathy Zeiler, Todd Zywicki and participants at workshops at Berkeley, Georgetown, Virginia, FSU, and UNC - Chapel Hill. Given the unusually large number of people who have e-mailed us with comments on this project, it is likely that there are some who we have inadvertently failed to thank. Our sincerest apologies to them. Disclosure: Funding for this project was provided entirely by our respective law schools. One of us was a law clerk to two of the judges in the sample: Samuel Alito of the Third Circuit and Sandra Lynch of the First Circuit. -
New York University Annual Survey of American Law E Okuiest Nulsre Faeia a 2014 New York of American Law University Annual Survey
nys70-1_cv_nys70-1_cv 3/2/2015 12:06 PM Page 2 Vol. 70 No. 1 Vol. New York University Annual Survey of American Law New York University Annual Survey of American LawNew York 2014 DEDICATION TO JUDGE GUIDO CALABRESI TRIBUTES Introduction by Dean Richard L. Revesz Introduction by Ted Kelly Chief Judge Robert A. Katzmann Kenji Yoshino Akhil Amar Vincenzo Varano Kenneth S. Abraham Chief Judge Judith S. Kaye Acknowledgment by Judge Guido Calabresi ARTICLES THE REGULATION OF SENTENCING DECISIONS: WHY INFORMATION DISCLOSURE IS NOT SUFFICIENT, AND WHAT TO DO ABOUT IT W.C. Bunting A SCHOLAR ON THE BENCH: A CONVERSATION WITH GUIDO CALABRESI Vittoria Barsotti Volume 70 Issue 1 2014 36095-nys_70-1 Sheet No. 1 Side A 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 1 3-MAR-15 17:32 NEW YORK UNIVERSITY ANNUAL SURVEY OF AMERICAN LAW VOLUME 70 ISSUE 1 36095-nys_70-1 Sheet No. 1 Side A 03/04/2015 07:12:55 NEW YORK UNIVERSITY SCHOOL OF LAW ARTHUR T. VANDERBILT HALL Washington Square New York City 36095-nys_70-1 Sheet No. 1 Side B 03/04/2015 07:12:55 \\jciprod01\productn\n\nys\70-1\FRONT701.txt unknown Seq: 2 3-MAR-15 17:32 New York University Annual Survey of American Law is in its seventy-second year of publication. L.C. Cat. Card No.: 46-30523 ISSN 0066-4413 All Rights Reserved New York University Annual Survey of American Law is published quarterly at 110 West 3rd Street, New York, New York 10012. -
Challenges to Judicial Independence an a Perspective from the Circuit Co
HALLOWS | LECTURE Challenges to Judicial Independence an A Perspective from the Circuit Co The Honorable Carolyn Dineen King, of the United States Court of Appeals for the Fifth Circuit, visited campus last year as the Law School’s Hallows Judicial Fellow. The highlight of her visit was the annual Hallows Lecture, which was subsequently published in the Marquette Law Review and appears here as well. Introduction by Dean Joseph D. Kearney t is my privilege to welcome you to our annual E. Harold Hallows Lecture. This lecture series began in 1995, Iand we have had the good fortune more or less annually since then to be joined by a distinguished jurist who spends a day or two within the Law School community. This is our Hallows Judicial Fellow. Some of these judges we meet for the fi rst time. Others are more known to us beforehand—already part of us, really. Within that latter category, I am very grateful that today we have with us two of our past Hallows Fellows. I would like to recognize them. Chief Justice Shirley Abrahamson of the Wisconsin Supreme Court delivered the Hallows Lecture in 2003, my fi rst year as dean. She is a friend of the Law School as well as a friend of this year’s Hallows Fellow. The other is Judge Diane Sykes, a Marquette lawyer (Class of 1984), who is a member of the United States Court of Appeals for the Seventh Circuit and who delivered the Hallows Lecture in 2006. Thank you to both Chief Justice Abrahamson and Judge Sykes for being with us today. -
Sonia Sotomayor and the Construction of Merit
Emory Law Journal Volume 61 Issue 4 The 2011 Randolph W. Thrower Symposium — Judging Politics: Judges as Political Actors, Candidates, and Arbiters of the Political 2012 Sonia Sotomayor and the Construction of Merit Guy-Uriel Charles Daniel L. Chen Mitu Gulati Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Guy-Uriel Charles, Daniel L. Chen & Mitu Gulati, Sonia Sotomayor and the Construction of Merit, 61 Emory L. J. 801 (2012). Available at: https://scholarlycommons.law.emory.edu/elj/vol61/iss4/6 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. CHARLESCHENGULATI GALLEYS4 7/5/2012 2:09 PM SONIA SOTOMAYOR AND THE CONSTRUCTION OF MERIT ∗ Guy-Uriel Charles ∗∗ Daniel L. Chen ∗∗∗ Mitu Gulati ABSTRACT The appointment of Sonia Sotomayor to the Supreme Court in 2009 was criticized as sacrificing merit on the altar of identity politics. According to critics, Sotomayor was simply “not that smart.” For some conservative critics, her selection illustrated the costs of affirmative action policies, in that this particular choice was going to produce a lower quality Supreme Court. For liberal critics, many were concerned that the President, by selecting Sotomayor, was squandering an opportunity to appoint an intellectual counterweight to conservative Justices like Antonin Scalia, Samuel Alito, and John Roberts. Using a set of basic measures of judicial merit, such as publication and citation rates for the years 2004 to 2006, when Sotomayor was on the Court of Appeals for the Second Circuit, we compare her performance to that of her colleagues on the federal appeals courts.