University of Colorado Law Review

Volume 74 Issue 4, Fall 2003

ABOUT THE CONTRIBUTORS

THE HONORABLE RUTH BADER GINSBURG, Remembering Justice White. Successor to Justice White, Justice Ginsburg was nominated to the United States Supreme Court by President Clinton in June, 1993. Prior to her 1980 Appointment to the United States Court of Appeals for the D.C. Circuit, Justice Ginsburg enjoyed a lengthy career as a law professor, first at Rutgers University from 1963 to 1972, and then from 1972 to 1980 at Columbia University, where she earned her law degree in 1959. She became the first female full professor of law at Columbia. As co-founder of the Women's Rights Project of the American Civil Liberties Union, she served as its general counsel, winning five of six equal protection cases that she argued before the United States Supreme Court between 1973 and 1976. Justice Ginsburg's became the second woman to serve on the United States Supreme Court upon her appointment in 1993. Justice Ginsburg's significant contributions to the advancement of gender equality and civil rights earned her the American Bar Association's Thurgood Marshall Award in 1999. Her nominators wrote that Justice Ginsburg has built "a brilliant record that led inescapably to the Court's recognition of the insidiousness of gender discrimination."

WILLIAM E. NELSON, Justice Byron R. White: His Legacy for the Twenty-First Century. Professor Nelson arrived at New York University as a first-year student over three decades ago, and he has been active as a legal historian since the publication of his first history article in the Annual Survey of American Law in 1966. He has published two prize-winning books and numerous articles in leading law reviews and history journals. Professor Nelson has been a mainstay of the first-year teaching faculty at New York University since he returned there to teach in 1979. His focus has been on the training of future law teachers, especially in his seminar on Legal Scholarship. His current scholarly passion is a monograph that focuses in detail on the legal history of twentieth New York, for which he has read and analyzed tens of thousands of state and federal opinions, published and unpublished, from New York courts.

PHILIP J. WEISER, Justice White and Judicial Review. Professor Weiser has a joint appointment at CU in the Interdisciplinary Telecommunications Department and the School of Law, and serves as Executive Director of the Silicon Flatirons Telecommunication Program. After graduating law school from New York University, Professor Weiser served as a law clerk to the Tenth Circuit Court of Appeals Judge David M. Ebel and to United States Supreme Court Justice Byron R. White and Ruth Bader Ginsburg. Professor Weiser teaches and writes in the areas of telecommunications regulation, antitrust policy, intellectual property, and constitutional law.

RICHARD CORDRAY, Justice White and the Democratic-Republicans. Professor Cordray is Adjunct Professor at the Ohio State University College of Law. He has served as Of Counsel, Kirkland & Ellis. Professor Cordray earned his B.A. from James Madison College at Michigan State University, his M.A. in Philosophy, Politics & Economics from Oxford University, and J.D. from the University of Chicago Law School. Professor Cordray was a Law Clerk for Justice Byron R. White and Anthony M. Kennedy on the United State Supreme Court. He also served as Ohio State Representative and Ohio State Solicitor.

MICHAEL HERZ, Nearest to Legitimacy: Justice White and Strict Rational Basis Scrutiny. Professor Herz earned his B.A. from Swarthmore College and his J.D. from the University of Chicago. He came to Benjamin N. Cardozo School of Law from the Environmental Defense Fund, where he was a staff attorney for three years. Prior to that position, he clerked for Justice White on the United States Supreme Court and Judge Levin H. Campbell of the United States Court of Appeals fro the First Circuit. Professor Herz, who was comment editor of the the University of Chicago Law Review, has written widely on a variety of public law topics and teaches primarily in the areas of environmental, administrative, and constitutional law. He served as senior associate dean from 1996 to 2000 and visited at the New York University School of Law in 2000-01.

PHILIP SOPER, Why Theories of Law Have Little or Nothing to Do with Judicial Restraint. Professor Soper holds undergraduate and graduate degrees, including a Ph.D. in philosophy, from Washington University in St. Louis. He graduated from Harvard Law School in 1969 and served the following year as clerk to Justice White. After completing work in philosophy at Oxford, he spent two years at the Council on Environmental Quality in Washington D.C. He began his academic career at Michigan in 1973. He teaches courses in environmental law and contracts, as well as in legal and moral philosophy, and is the author of A Theory of Law (1984) and The Ethics of Deference: Learning Law's Morals (2002).

DENNIS J. HUTCHINSON, Two Cheers for Judicial Restraint: Justice White and the Role of the Supreme Court. Professor Hutchinson is the William Rainey Harper Professor in the College and Senior Lecturer in Law at the University of Chicago. He served consecutively as las clerk to Justice Byron R. White and Justice William O. Douglas of the Supreme Court of the United States. Legal history is his principal field of inquiry; his most recent work is The Forgotten Memoir of John Knox (edited with David J. Garrow). His The Man Who Once Was Whizzer White: A Portrait of Justice Byron R. White was a New York Times Notable Book for 1998. Since 1981, he has edited the Supreme Court Review.

BERNARD W. BELL, The Populism of Justice Byron R. White: Media Cases and Beyond. Professor Bernard W. Bell is Herbert Hannoch Scholar at Rutgers Law School (Newark), where he has taught since 1994. Professor Bell clerked for Judge Amalya L. Kearse of the United States Court of Appeals for the Second Circuit and for United States Supreme Court Justice Byron R. White. His numerous articles have appeared in the Stanford Law Review, the Texas law Review, the North Carolina Law Review, and others. He serves on the New Jersey Law Revision Commission, is Vice-Chair of both the Constitutional Law and Separation of Powers and Legislative Process and Lobbying Committees of the ABA, and is the Chair-Elect of the American Association of Law School's Section on Defamation and Privacy Law. Professor Bell is a visiting professor at Columbia Law School during the 2003-2004 academic year.

JOHN C. P. GOLDBERG, Judging Reputation: Realism and Common Law in Justice White's Defamation Jurisprudence. Recognized as a leading torts scholar, John C. P. Goldberg joined the faculty of Vanderbilt University Law School in 1995. Professor Goldberg had previously clerked for U.S. Supreme Court Justice Byron R. White and District Judge Jack Weinstein, and practiced at the Boston firm of Hill & Barlow. His articles and essays on tort law and intellectual history have appeared in the Columbia, Georgetown, Michigan, Pennsylvania, Stanford, Vanderbilt, and Virginia Law Reviews. He has also authored the chapter on torts for The Oxford Handbook of Legal Studies (P. Cane, M. Tushnet, Eds., Oxford U. Press, forthcoming 2003.) He is currently working on several articles, and co-authoring a casebook entitled Torts: Responsibilities and Redress (with T. Sebok & B. Zipursky). Goldberg received his B.A. from Wesleyan University, his M. Phil. in Politics from St. Antony;s College, Oxford University, and M.A. in Politics from Princeton University.

KATE STITH-CABRANES, Criminal Law and the Supreme Court: An Essay on the Jurisprudence of Byron White. Professor Stith-Cabranes received her B.A. from Dartmouth, and her M.P.P. and J.D. from Harvard. While in law school, she served as Articles Editor for The Harvard Law Review. After graduating, she clerked for Judge Carl McGowan of the United States Court of Appeals for the D.C. Circuit and for Justice White. During her professional career, she has served as staff economist for the Council of Economic Advisers, as special assistant to Philip B. Heyman, and as assistant United States attorney for the criminal division of the Southern District of New York. Her most noted publication is Fear of Judging: Sentencing Guidelines in the Federal Courts, published in 1998.

THE HONORABLE LOUIS F. OBERDORFER, Justice White and Legal Realism: An Addendum to Professor Stith-Cabranes. Judge Oberdorfer is a Senior Judge on the United States District Court for the District of Columbia. He was appointed to the District Court in October, 1977. He graduated from Dartmouth College in 1939 and received an L.L.B. from Yale Law School in 1946 after four years of military service. Judge Oberdorfer was law clerk to Justice Hugo L. Black during the 1946 term of the U.S. Supreme Court. He was in private practice from 1947 until he became Assistant Attorney General, Tax Division, Department of Justice, in 1961. He returned to private practice in 1965. When appointed to the bench, Judge Oberdorfer was a partner at Wilmer, Cutler & Pickering. He has served as Co-Chairman of the Lawyer's Committee for Civil Rights Under Law, a member of the Advisory Committee on the Federal Rules of Civil Procedure, Chief Executive Officer of the Legal Services Corporation, and President of the D.C. Bar.

MARTIN S. FLAHERTY, Byron White, Federalism, and the "Greatest Generations(s)." Professor Flaherty received his B.A. from Princeton, M.A. and Masters in Philosophy from Yale, and J.D. from Columbia. Professor Flaherty was a book review and articles editor of the Columbia law Review. He served as law clerk to the Honorable John J. Gibbons of the United States Court of Appeals for the Third Circuit, and to Justice White. Professor Flaherty has been a visiting professor at the China University of Political Science and Law and at the National Judges College in Beijing. He has published several works on constitutional law.

THE HONORABLE JAMES B. LOKEN, Comment: A View From the Bench Regarding Byron White, Federalism, and the "Greatest Generation(s)" by Professor Martin S. Flaherty. Judge Loken is the Chief Judge of the United States Court of Appeals for the Eighth Circuit. He earned his B.S. from the University of Wisconsin in 1962 and his LL.B. from Harvard Law School in 1965, where he was editor of the Harvard Law Review. Judge Loken served as Law Clerk to Supreme Court Justice Byron R. White from 1966 to 1967. Judge Loken then served as a Staff Assistant to President Richard M. Nixon from 1970 to 1972. He went on to practice law as a partner at Faegre & Benson in Minneapolis from 1972 to 1990. Judge Loken was appointed as a Circuit Judge in 1990.

ALLISON H. EID, Justice White's Federalism: The (Sometimes) Conflicting Forces of Nationalism, Pragmatism, and Judicial Restraint. Professor Eid earned her B.A. from Stanford University, and her J.D. from the University of Chicago. She is an Associate Professor of Law at the University of Colorado School of Law. Before joining the Colorado faculty in 1998, Professor Eid clerked for the Honorable Clarence Thomas, Associate Justice of the United States Supreme Court, and for Judge Jerry E. Smith of the United States Court of Appeals for the Fifth Circuit. After these clerkships, she practiced commercial and appellate litigation with the Denver office of Arnold & Porter. Prior to attending law school, Professor Eid served as Special Assistant and speechwriter to then U.S. Secretary of Education, William J. Bennett. She teaches first-year Torts, Advanced Torts, and Legislation, and has concentrated her research in the areas of tort law, legislation, and federalism.