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List of Judges 1985–2017 Notre Dame Law School
Notre Dame Law School NDLScholarship Annual Moot Court Showcase Argument Conferences, Events and Lectures 2017 List of Judges 1985–2017 Notre Dame Law School Follow this and additional works at: http://scholarship.law.nd.edu/ndls_moot_court Part of the Law Commons Recommended Citation Notre Dame Law School, "List of Judges 1985–2017" (2017). Annual Moot Court Showcase Argument. 1. http://scholarship.law.nd.edu/ndls_moot_court/1 This Article is brought to you for free and open access by the Conferences, Events and Lectures at NDLScholarship. It has been accepted for inclusion in Annual Moot Court Showcase Argument by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. List of Judges that Have Served the Moot Court Showcase Argument 2009 to present held in McCarten Court Room, Eck Hall of Law Updated: March 2017 Name Yr. Served ND Grad Court Judge Alice Batchelder 3/3/2017 U.S. Court of Appeals for the 6th Circuit Chief Justice Matthew Durrant 3/3/2017 Utah Supreme Court NDLS 1992 Judge John Blakey 3/3/2017 BA-UND 1988 U.S. District Court for the Northern District of Illinois Chief Justice Matthew G. Durrant 2/25/2106 Utah Supreme Court Judge Alice Batchelder 2/25/2016 U.S. Court of Appeals for the 6th Circuit Chief Magistrate Judge Maureen Kelly 2/25/2016 BA-UND 1983 U.S. District Court for the Western District of Pennsylvania Judge Joel F. Dubina 2/26/2015 U.S. Court of Appeals for the 11th Circuit Chief Judge Frederico A. Moreno 2/26/2015 United States District Court - Miami, FL Judge Patricia O'Brien Cotter 2/26/2015 NDLS 1977 Montana Supreme Court Judge Margaret A. -
Justices' Profiles Institute of Bill of Rights Law at the William & Mary Law School
College of William & Mary Law School William & Mary Law School Scholarship Repository Supreme Court Preview Conferences, Events, and Lectures 1995 Section 1: Justices' Profiles Institute of Bill of Rights Law at the William & Mary Law School Repository Citation Institute of Bill of Rights Law at the William & Mary Law School, "Section 1: Justices' Profiles" (1995). Supreme Court Preview. 35. https://scholarship.law.wm.edu/preview/35 Copyright c 1995 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/preview WARREN E. BURGER IS DEAD AT 87 Was Chief Justice for 17 Years Copyright 1995 The New York Times Company The New York Times June 26, 1995, Monday Linda Greenhouse Washington, June 25 - Warren E. Burger, who retired to apply like an epithet -- overruled no major in 1986 after 17 years as the 15th Chief Justice of the decisions from the Warren era. United States, died here today at age 87. The cause It was a further incongruity that despite Chief was congestive heart failure, a spokeswoman for the Justice Burger's high visibility and the evident relish Supreme Court said. with which he used his office to expound his views on An energetic court administrator, Chief Justice everything from legal education to prison Burger was in some respects a transitional figure management, scholars and Supreme Court despite his tenure, the longest for a Chief Justice in commentators continued to question the degree to this century. He presided over a Court that, while it which he actually led the institution over which he so grew steadily more conservative with subsequent energetically presided. -
When Inter-Branch Norms Break Down: of Arms-For-Hostages, "Orderly Shutdowns," Presidential Impeachments, and Judicial "Coups"
WHEN INTER-BRANCH NORMS BREAK DOWN: OF ARMS-FOR-HOSTAGES, "ORDERLY SHUTDOWNS," PRESIDENTIAL IMPEACHMENTS, AND JUDICIAL "COUPS" Peter M. Shanet INTRODUCTION . .. .. .. .. .. .. .. .. .. .. .. 503 I. CHECKS AND BALANCES, DEMOCRATIC LEGITIMACY, AND INTER-BRANCH COOPERATION .. .. .. .. .. .. .. .. .. .. .. 505 II. ATTACKING CHECKS AND BALANCES: FOUR EPISODES ............................................ 514 A. ELIMATING CONGRESS'S FOREIGN POLICY ROLE: THE IRAN-CONTRA SCANDAL . .. .. .. .. .. 514 B. SHUTTING DOWN THE EXECUTIVE ESTABLISHMENT: THE 1995 BUDGET SHOWDOWN ..................... 516 C. SUBJUGATING THE PRESIDENT TO CONGRESSIONAL CONTROL: THE CLINTON IMPEACHMENT. .. .. .. 521 D. USURPING THE APPOINTMENTS POWER: THE STONEWALLING OF CLINTON JUDGES................. 526 III. THE CAMPAIGN AGAINST DELIBERATIVE LEGITIMACY AND ITS CAUSES ... .. ... .. .. .. .. ... 533 IV. WHAT NEXT? . .... .. .... .. ... .. .. .. .. .. .. .. .. .. .. 540 INTRODUCTION Future historians of American government surely will take note of a remarkable series of domestic political events around the turn of the Twenty-First Century. Congress impeached a President for lying about a t Joseph S. Platt-Porter, Wright, Morris and Arthur Professor of Law, Moritz College of Law, The Ohio State University and Distinguished Service Professor Adjunct of Law and Public Policy, H. J. Heinz III School of Public Policy and Management, Carnegie Mellon University. I am grateful to Cynthia Farina and Saikrishna Prakash fortheir comments on an earlier draft, and for reactions from Reed -
Does Eliminating Life Tenure for Article Iii Judges Require a Constitutional Amendment?
DOW & MEHTA_03_15_21 (DO NOT DELETE) 3/17/2021 6:41 PM DOES ELIMINATING LIFE TENURE FOR ARTICLE III JUDGES REQUIRE A CONSTITUTIONAL AMENDMENT? DAVID R. DOW & SANAT MEHTA* ABSTRACT Beginning in the early 2000s, a number of legal academicians from across the political spectrum proposed eliminating life tenure for some or all Article III judges and replacing it with a term of years (or a set of renewable terms). These scholars were largely in agreement such a change could be accomplished only by a formal constitutional amendment of Article III. In this Article, Dow and Mehta agree with the desirability of doing away with life tenure but argue such a change can be accomplished by ordinary legislation, without the need for formal amendment. Drawing on both originalism and formalism, Dow and Mehta begin by observing that the constitutional text does not expressly provide for lifetime tenure; rather, it states that judges shall hold their office during good behavior. The good behavior criterion, however, was not intended to create judicial sinecures for 20 or 30 years, but instead aimed at safeguarding judicial independence from the political branches. By measuring both the length of judicial tenure among Supreme Court justices, as well as voting behavior on the Supreme Court, Dow and Mehta conclude that, in fact, life tenure has proven inconsistent with judicial independence. They maintain that the Framers’ objective of insuring judicial independence is best achieved by term limits for Supreme Court justices. Copyright © 2021 David R. Dow & Sanat Mehta. * David Dow is the Cullen Professor at the University of Houston Law Center; Sanat Mehta, who graduated magna cum laude from Rice University in 2020 with a degree in computer science and a minor in Politics, Law, and Social Thought, is a data analyst at American Airlines. -
The US Supreme Court and Criminal Justice Policy
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 The mpI act of New Justices: The .SU . Supreme Court and Criminal Justice Policy Christopher E. Smith Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Criminal Law Commons, Judges Commons, and the Supreme Court of the United States Commons Recommended Citation Smith, Christopher E. (1997) "The mpI act of New Justices: The .SU . Supreme Court and Criminal Justice Policy," Akron Law Review: Vol. 30 : Iss. 1 , Article 3. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol30/iss1/3 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Smith: The U.S. Supreme Court and Criminal Justice Policy The Impact of New Justices: The U.S. Supreme Court and Criminal Justice Policy by * Christopher E. Smith I. Introduction The Supreme Court is an important policy-making institution. In criminal justice,1 for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations2 through corrections and parole.3 The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
The Cost of Partisan Politics on Minority Diversity of the Federal Bench
Indiana Law Journal Volume 83 Issue 4 Article 11 Fall 2008 Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench Sylvia R. Lazos Vargas William S. Boyd School of Law at the University of Nevada Las Vegas Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Civil Rights and Discrimination Commons, Courts Commons, Judges Commons, and the Law and Politics Commons Recommended Citation Lazos Vargas, Sylvia R. (2008) "Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench," Indiana Law Journal: Vol. 83 : Iss. 4 , Article 11. Available at: https://www.repository.law.indiana.edu/ilj/vol83/iss4/11 This Symposium is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Only Skin Deep?: The Cost of Partisan Politics on Minority Diversity of the Federal Bench SYLVIA R. LAZOS VARGAS* INTRODUCTION ..................................................................................................... 1423 I. WHAT ARE THE BENEFITS TO THE JUDICIARY FROM DIVERSITY? ....... .. .. .. .. 1426 A . D escriptive Diversity ........................................................................ 1428 B. Sym bolic D iversity............................................................................ 1430 C. Viewpoint D iversity ......................................................................... -
Advisory Committee on Appellate Rules
ADVISORY COMMITTEE ON APPELLATE RULES Washington, D.C. November 9, 2017 THIS PAGE INTENTIONALLY BLANK Advisory Committee on Appellate Rules, Fall 2017 Meeting 2 TABLE OF CONTENTS MEETING AGENDA…………………………………………………………………………5 TAB 1 OPENING BUSINESS 1A. TABLE OF AGENDA ITEMS…………………………………………………11 TAB 2 APPROVAL OF MINUTES 2A. DRAFT MINUTES OF MAY 2017 COMMITTEE MEETING …………………17 TAB 3 REPORT ON JUNE 2017 MEETING OF STANDING COMMITTEE 3A. REPORT BY GREGORY MAGGS REGARDING THE STANDING COMMITTEE’S ACTIONS ON THE COMMITTEE’S RECENT PROPOSALS, DATED OCTOBER 17, 2017……………………………………………………………………31 3B. EXCERPT OF THE REPORT OF THE STANDING COMMITTEE TO THE JUDICIAL CONFERENCE …………………………………………………35 3C. PROPOSED AMENDMENTS TO RULES 8, 11, 25, 26, 28, 28.1, 29, 31, 39, AND 41, AND FORMS 4 AND 7 ………………………………………………… 45 3D. PROPOSED AMENDMENTS TO RULES 3, 13, 26.1, 28, AND 32, AS PUBLISHED FOR PUBLIC COMMENT IN AUGUST 2017…………………………………83 3E. DRAFT MINUTES OF JUNE 2017 STANDING COMMITTEE MEETING ……95 TAB 4 ITEM 09-AP-B (RULE 29) 4A. MEMO BY GREGORY MAGGS REGARDING PROPOSAL TO AMEND RULE 29 TO ALLOW INDIAN TRIBES AND CITIES TO FILE AMICUS BRIEFS WITHOUT LEAVE OF COURT OR CONSENT OF PARTIES, DATED OCTOBER 13, 2017..131 4B. LETTER FROM JUDGE SUTTON TO JUDGE LYNCH DATED MAY 29, 2012...137 4C. MEMO BY CATHERINE STRUVE REGARDING ITEM 09-AP-B, DATED MARCH 28, 2012…………………………………………………………..141 4D. EXCERPT FROM THE MINUTES OF THE APRIL 2012 MEETING …………173 Advisory Committee on Appellate Rules, Fall 2017 Meeting 3 TAB 5 POTENTIAL AMENDMENTS TO RULE 5(A)(1), 21(A)(1) AND (C), 26(C), 32(F), AND 39(D)(1) REGARDING PROOF OF SERVICE 5A. -
DAVID SOUTER, the DARK SIDE Statement by Daniel H
1001 DAVID SOUTER, THE DARK SIDE Statement by Daniel H. Pollitt, Professor of Law University of North Carolina at Chapel Hill David Souter, carefully groomed, scrubbed and coached, presented himself to the Senate Judiciary Committee as an articulate, thoughtful, moderate and mainstream constitutional lawyer; a not unattractive nominee for the Supreme Court. What we saw we may not get. His record as a New Hampshire prosecutor and judge tells us there is more to this "stealth" candidate then met the eye in three days of televised hearings. There is a darker side, concealed both by what he said and by what he refused to say. Lets look for the real David Souter. Lets look at his record. JUDICIAL PHILOSOPHY The Supreme Court is the ultimate guardian of the fundamental rights and liberties guaranteed by the Constitution. But how are these basic rights and liberties — Due Process of Law, Equal Protection, Freedom of Speech, Establishment of Religion — to be read, construed and interpreted? Chief Justice John Marshall, early on in our Constitutional history, interpreted the Constitution broadly to meet current needs: because the Constitution was "intended to endure for ages to come" and because "It would have been an unwise attempt to provide by immutable rules for exigencies which, if foreseen at all, must have been seen dimly and which can be best provided for 1 1002 as they occur." McColloch v. Maryland, 4 Wheat. 316 (1819). Robert Bork, on the other hand, interprets the constitution narrowly, and three years ago torpedoed his nomination to the Supreme Court with his claim that our Constitutional rights are frozen in time as of 1787 when the Constitution was ratified by We The People. -
Congressional Record—House H435
February 12, 2003 CONGRESSIONAL RECORD — HOUSE H435 NATIONAL DRUG CONTROL STRAT- Mr. KINGSTON. Mr. Speaker, I cer- court. I think it is unfortunate for the EGY—MESSAGE FROM THE tainly appreciate the opportunity to diversity of the court and for racial re- PRESIDENT OF THE UNITED address the House tonight. I wanted to lations in general; but, more impor- STATES start off by commenting on some of the tantly, somehow that they seem to be The SPEAKER pro tempore laid be- comments that were made by our col- attacking the American dream. fore the House the following message leagues on the Democrat side of the Here is a young guy that comes to from the President of the United House; but before I do that, I wanted to America when he is 17 years old. He is States; which was read and, together comment about the message that we an immigrant from Honduras. By the time he is 41, he is nominated with the accompanying papers, without just received from the President of the to be the first Hispanic to sit on the objection, referred to the Committee United States. D.C. court. He graduated Phi Beta on the Judiciary, Committee on Agri- Mr. Speaker, as you know, the Presi- Kappa from Columbia College and culture, Committee on Armed Services, dent has listed as one of his priority magna cum laude from Harvard Law. Committee on Financial Services, items this year to have a compas- By the age of 40 he had argued 15 cases Committee on Energy and Commerce, sionate, conservative model to end before the Supreme Court and was Committee on Education and the drug addiction. -
Letter to Senate Leaders on the Nomination of Miguel A. Estrada to Be a United States Court of Appeals Circuit Judge March 11, 2003
Mar. 8 / Administration of George W. Bush, 2003 the White House for broadcast at 10:06 a.m. was captured in Pakistan on March 1, 2003; on March 8. The transcript was made avail- Hans Blix, Executive Chairman, United Na- able by the Office of the Press Secretary on tions Monitoring, Verification and Inspection March 7 but was embargoed for release until Commission; and President Saddam Hussein the broadcast. In his remarks, the President of Iraq. The Office of the Press Secretary referred to Khalid Sheikh Mohammed, sen- also released a Spanish language transcript ior Al Qaida leader responsible for planning of this address. the September 11, 2001, terrorist attack, who Letter to Senate Leaders on the Nomination of Miguel A. Estrada To Be a United States Court of Appeals Circuit Judge March 11, 2003 Dear lllll : forth tactics that have marred the judicial The Senate is debating the nomination confirmation process for years, as many ju- of Miguel A. Estrada to be a Judge of dicial nominees have never received up or the United States Court of Appeals for the down Senate votes. And now, a minority District of Columbia Circuit. Miguel of Senators are threatening for the first Estrada’s life is an example of the American time to use ideological filibusters as a Dream. He came to this country from Hon- standard tool to indefinitely block confirma- duras as a teenager barely speaking English tion of well-qualified nominees with strong and went on to graduate with honors from bipartisan support. This has to end. Harvard Law School. -
Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court
Judge Brett M. Kavanaugh: His Jurisprudence and Potential Impact on the Supreme Court Andrew Nolan, Coordinator Section Research Manager Caitlain Devereaux Lewis, Coordinator Legislative Attorney August 21, 2018 Congressional Research Service 7-5700 www.crs.gov R45293 SUMMARY R45293 Judge Brett M. Kavanaugh: His Jurisprudence August 21, 2018 and Potential Impact on the Supreme Court Andrew Nolan, On July 9, 2018, President Donald J. Trump announced the nomination of Judge Brett M. Coordinator Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill Section Research Manager retiring Justice Anthony M. Kennedy’s seat on the Supreme Court of the United States. [email protected] Nominated to the D.C. Circuit by President George W. Bush, Judge Kavanaugh has served on Caitlain Devereaux Lewis, that court for more than twelve years. In his role as a Circuit Judge, the nominee has authored Coordinator roughly three hundred opinions (including majority opinions, concurrences, and dissents) and Legislative Attorney adjudicated numerous high-profile cases concerning, among other things, the status of wartime [email protected] detainees held by the United States at Guantanamo Bay, Cuba; the constitutionality of the current structure of the Consumer Financial Protection Bureau; the validity of rules issued by the For a copy of the full report, Environmental Protection Agency under the Clean Air Act; and the legality of the Federal please call 7-5700 or visit Communications Commission’s net neutrality rule. Since joining the D.C. Circuit, Judge www.crs.gov. Kavanaugh has also taught courses on the separation of powers, national security law, and constitutional interpretation at Harvard Law School, Yale Law School, and the Georgetown University Law Center.