WESTERN LEGAL HISTORY THE JOURNAL OF THE NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY VOLUME 19, NUMBERS 1 & 2 2006 Western Legal History is published semiannually, in spring and fall, by the Ninth Judicial Circuit Historical Society, 125 S. Grand Avenue, Pasadena, California 91105, (626) 795-0266/fax (626) 229-7476. The journal explores, analyzes, and presents the history of law, the legal profession, and the courts- particularly the federal courts-in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Western Legal History is sent to members of the NJCHS as well as members of affiliated legal historical societies in the Ninth Circuit. 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Copyright C2006, Ninth Judicial Circuit Historical Society ISSN 0896-2189 The Editorial Board welcomes unsolicited manuscripts, books for review, and recommendations for the journal. Manuscripts (three copies, and one disk in Microsoft Word for Windows, if possible) should be sent to the Editor, Western Legal History, 125 S. Grand Avenue, Pasadena, California 91105. Texts, including quotations and endnotes, must be double spaced. Notes must be numbered consecutively and appear in a separate section at the end of the text. Authors are requested to follow the style for citations used in this journal. Manuscripts that are no more than thirty pages in length, not counting notes, charts and tables, and photographs, are preferred. Also preferred are manuscripts not concurrently under consideration by another journal. Whether because of prejudice or custom, writers in earlier times often used language considered strange or offensive today. Because Western Legal History publishes articles that present the historical record as accurately as possible, it occasionally publishes quotations containing such language. The publication of such is not to be construed as representing the attitudes of either the authors or Western Legal History. Communication with the editor is encouraged before submission of any manuscript. At that time, other guidelines for the preparation and publication of an article may be discussed. Consultation about punctuation, grammar, style, and the like is made with the author, although the editor and the Editorial Board are the final arbiters of the article's acceptance and appearance. Articles published in this journal are abstracted and indexed in America: History and Life; HistoricalAbstracts; the Index to Legal Periodicals; and the Legal Resources Index. NINTH JUDICIAL CIRCUIT HISTORICAL SOCIETY BOARD OF DIRECTORS HON. JAMES R. BROWNING HON. SUSAN Y. ILLSTON Chairman San Francisco San Francisco CURTIS A. JENNINGS, ESQ. MARC M. SELTZER, ESQ. Phoenix President HON. ROBERT J. JOHNSTON Los Angeles Las Vegas JEFFREY M. FISHER, ESQ. MICHAEL A. KAHN, ESQ. Vice President San Francisco San Francisco ROBERT D. LOWRY, ESQ. JOHN FRANCIS CARROLL, ESQ. Eugene Treasurer TIMOTHY M, LYNCH, ESQ. San Pedro Anchorage GARETH T. EVANS, ESQ. THOMAS J. MCDERMOTT, JR., ESQ. Secretary Indian Wells Los Angeles HON. M. MARGARET MCKEOWN GERSHAM GOLDSTEIN, ESQ. San Diego Immediate Past President GERALD T. MCLAUGHLIN, ESQ. Portland Los Angeles J. BRUCE ALVERSON, ESQ. HON. MARGARET M. MORROW Las Vegas Los Angeles SETH ARONSON, ESQ. HON. GERALDINE MUND Los Angeles Woodland Hills LEROY J. BARKER, ESQ. TERRY NAFISI Anchorage San Francisco JEROME . BRAUN, ESQ. HON. THOMAS G. NELSON San Francisco Boise CHRISTINE W.S. BYRD, ESQ. RONALD L. OLSON, ESQ. Los Angeles Los Angeles JOHN CARSON, ESQ. HON. DIARMUID O'SCANNLAIN Los Angeles Portland HON. DAVID 0. CARTER PER A. RAMFJORD, ESQ. Santa Ana Portland HON. RICHARD R. CLIFTON HON. MANUEL L. REAL Honolulu Los Angeles WILLIAM I. EDLUND, ESQ. HON. PAUL G. ROSENBLATT San Francisco Phoenix HON. MORRISON C. ENGLAND, JR. HON. MARY M. SCHROEDER Sacramento Phoenix ROBERT H. FAIRBANK, ESQ. GERALD K. SMITH, ESQ. Los Angeles Phoenix PARKER C. FOLSE III, ESQ. HON. CHRISTINA ANN SNYDER Seattle Los Angeles PAUL T. FRIEDMAN, ESQ. ROBERT S. WARREN, ESQ. San Francisco Los Angeles FREDERICK P. FURTH, ESQ. MICHAEL A. WHITE, ESQ. San Francisco Saipan HON. LLOYD D. GEORGE DOUGLAS R. YOUNG, ESQ. Las Vegas San Francisco HON. ALFRED. T. GOODWIN Pasadena HON. RONALD M. GOULD BOARD MEMBERS EMERITI Seattle PETER R. HABEIN, ESQ. SHIRLEY M. HUFSTEDLER, ESQ. Billings Los Angeles RITA M. HAEUSLER, ESQ. HON. SAMUEL P. KING Los Angeles Honolulu HON. PROCTER HUG. JR. HON. JOSEPH T. SNEED Reno San Francisco WESTERN LEGAL HISTORY BRADLEY B. WILLIAMS, EDITOR JUDITH FORMAN, COPY/PRODUCTION EIITOR EDITORIAL BOARD JUDITH AUSTIN ARTHUR D. HELLMAN Boise University of Pittsburgh GORDON MORRIS BAKKEN School of Law California State University, DAVID J. LANGUM Fullerton Samford University MICHAL BELKNAP Cumberland School of Law California Western CLARE V. MCKANNA, JR. School of Law San Diego State University HON. JAMES R. BROWNING R. JAMES MOONEY Senior Circuit Judge, University of Oregon U.S. Court of Appeals Law School for the Ninth Circuit CLAUS-M. NASKE ELIZABETH J. CABRASER, ESQ. University of Alaska, Fairbanks San Francisco PAULA PETRIK, PH.D. LAWRENCE M. FRIEDMAN George Mason University Stanford Law School PETER L. REICH CHRISTIAN G. FRITZ Whittier Law School University of New Mexico JOHN PHILLIP REID School of Law New York University DALE GOBLE School of Law University of Idaho HARRY N. SCHEIBER, PH.D. School of Law University of California HON. ALFRED T. GOODWIN Boalt Hall School of Law Senior Circuit Judge, MOLLY SELVIN, PH.D. U.S. Court of Appeals Santa Monica for the Ninth Circuit ROBERT S. WOLFE, ESQ. PAUL BRYAN GRAY, ESQ. Santa Ana Claremont JOHN R. WUNDER, J.D., PH.D. MICHAEL GRIFFITH, PH.D. University of Nebraska Oakland STEPHEN W. HAYCOX, PH.D. University of Alaska, Anchorage WESTERN LEGAL HiSTORY VOLUME 19, NUMBERS 1 & 2 2006 CONTENTS Introduction Built to Last: Judge Richard H. Chambers and His Pasadena Courthouse Caleb Langston Riding Tall in a Small Saddle: The Chief Judgeship of Richard H. Chambers 27 Michael Eric Siegel 7 A Former Law Clerk Remembers The Honorable Cynthia Holcomb Hall 55 Preserving the Ninth Circuit Lee M.A. Simpson 5 Judge Chambers Confers Sainthood: A Reminiscence The HonorableAlfred T Goodwin O9 Cover photo: The Honorable Richard H. Chambers, chief judge of the Ninth Circuit from 1959 to 1976, pictured here in his San Francisco chambers, is the subject of this special, double issue of Western Legal History. (Courtesy of Kathryn Way, U.S. Court of Appeals Library, Pasadena) vi WESTERN LEGAL HISToRY VOL. 19, Nos. 1 & 2 Matters of Style, Matters of Opinion: The Voice and Legacy of Richard Chambers 1 Rebekah Heiser Hanley 71 Richard H. Chambers' Published Opinions 123 Richard H. Chambers' Published Dissents 143 Book Reviews 147 Articles of Related Interest 157 Memberships, Contributions, & Grants 161 INTRODUCTION Richard Harvey Chambers was, by all accounts, a remarkable man. This issue is devoted to a review of his career as a federal judge. Appointed to the U.S. Court of Appeals for the Ninth Cir- cuit by President Eisenhower in 1954, Chambers served until his death in 1994 at the age of 87. His judicial career was high- lighted by his seventeen-year service as chief judge from 1959 to 1976; he was the longest-serving chief judge in the history of the Ninth Circuit. During that same period, he served on the Judicial Conference of the United States and for six years on that body's Executive Committee, from 1970 to 1975. By his longevity alone he would have left his mark on the Ninth Cir- cuit. But had he served even less than half of those forty years, he would have left his mark through his unique style, personal- ity, and vision. First proposed by Terry Nafisi, deputy circuit executive for the Ninth Circuit, this issue is intended to provide perspective on Judge Chambers' judicial career and to capture, at least in some small measure, a sense of the man. Ms. Nafisi enlisted the support of Judge Chambers' widow, Eileen Chambers Woodworth, who provided invaluable assistance and support, and assembled an advisory committee composed of Circuit Judge Alfred T. Goodwin, Circuit Judge Cynthia Holcomb Hall, District Judge John S. Rhoades, and the editor. She helped re- cruit authors, supplied them with appropriate documents, and found photographs to illustrate the articles. She deserves our deepest appreciation for making this special issue of Western Legal History possible. The task of sketching a biographical portrait of Richard Chambers fell to Caleb Langston, who was a journalist before becoming a law clerk to Judge Goodwin. He is now an associ- ate in the firm of O'Melveny and Myers. Michael Eric Siegel, a senior education specialist at the Federal Judicial Center, brings his skill in leadership studies to his analysis of Cham- bers' administrative ability and vision. A former law clerk and a former judicial colleague, Circuit Judge Cynthia Holcomb Hall, contributes a personal perspective to these essays in her recollection of the judge's influence on her own legal career. One of Richard Chambers' most significant legacies is the string of historic courthouse buildings he worked to preserve. Lee M.A. Simpson, an associate professor of history at Califor- 2 WESTERN LEGAL HisToRY VoL.