John Bonine - Law
Sat, 09 Apr 2005 14:08:31 -0700
Dear colleagues, U.S. Senate leaders are preparing to use what they have called the "nuclear option," a tactic that, without gaining a 2/3 vote to change Senate rules, would have Dick Cheney (as President of the Senate) rule that Supreme Court or other federal judicial nominees cannot be filibustered. Continuing rules that have been in effect for decades allow filibusters to be overridden only if 60 votes can be found to stop debate. The "nuclear option" would evade the rule through interpretation, without going to the trouble of changing it, and would itself need only 50 votes plus Cheney's vote to prevail. Please consider the letter below from law professors, circulated by the Alliance for Justice. If you wish to be listed as a co-signer, contact [EMAIL PROTECTED] (just click on this: mailto:[EMAIL PROTECTED]). Please consider forwarding this message to others and to other lists, so that they may distribute it to others as well. The current list is over 300 law professors from 45 states. The deadline is COB April 13th, which means that further distribution to others needs to take place immediately. More information, including testimony, bi-partisan opposition from current and former Senators, George Will and other commentators, and over 275 editorials from 41 states and DC, is available at: http://www.earthjustice.org/policy/judicial/whats_new/index.html#filibuster Materials that I have found particularly interesting include: http://www.earthjustice.org/policy/judicial/pdf/mcclure-wallop_WSJ_op-ed.pdf (Wall Street Journal Op-Ed by Republican former Senators Jim McClure of Idaho and Malcolm Wallop of Wyoming) http://www.byrd.senate.gov/byrd_speeches/byrd_speeches_2005_march/byrd_speec hes_03102005.html (a March 10, 2005, speech by Senator Robert Byrd) The link above will break upon e-mail transmission, so you must use cut and paste to make it work) TO RSVP or for questions, please contact: Amy Likoff Judicial Selection Project/Grassroots Program Associate Alliance for Justice 11 Dupont Circle N.W. Second Floor Washington, DC 20036 Phone: (202) 822-6070 Fax: (202) 822-6068 [EMAIL PROTECTED] www.afj.org and www.independentjudiciary.org DRAFT LETTER April __, 2005 The Honorable Bill Frist Senate Majority Leader 509 Hart Senate Office Building Washington, DC 20510 Dear Senator Frist: We, the undersigned professors from law schools throughout the country, are writing to express our opposition to any effort to eliminate the 200-year old right to filibuster in the United States Senate. We are deeply troubled by your reported plan to dismantle one of the only protections for the minority party, drastically weaken the Senate’s constitutionally recognized duties of advice and consent, and rubber-stamp the President’s nominees for the federal courts. We urge you and your colleagues to protect the honored traditions of the Senate and strive to work toward a spirit of bipartisanship. The courts belong to all Americans, not just the party in power. New appointees will help decide, among many other things, the scope of the constitutional right to privacy -- and nominees to the Supreme Court will help decide whether that right will continue to be recognized at all -- whether the courts will continue to allow the federal government to protect our air and water, and whether Americans can count on the enforcement of laws that protect our civil rights. Federal judges exercise an enormous amount of power in the lives of ordinary Americans. Further, the average tenure of federal judges, who unlike executive branch appointments receive lifetime terms, has steadily risen to 24 years. This fundamental, non-political branch of our democracy should not be at the center of a partisan power grab. The Senate filibuster serves an important function in the checks and balances system, preventing a partisan majority from running roughshod over the minority party while promoting bipartisan compromise and moderation. It is a particularly important check when all three branches of government are controlled by one party. As part of the great compromise, the framers of the Constitution designed the Senate to be a fundamentally countermajoritarian institution. Unlike the House of Representatives, each state is represented by two Senators, regardless of its size. This is evidenced by the fact that the 55 Republican Senators represent 131 million Americans while the 44 Democratic Senators represent 13 million more – 144 million. Throughout American history, the Senate, with its longer terms and rules of unlimited debate, has acted as a deliberative body to restrain the impulses of the House and the actions of the President. And since the earliest days of the Republic, the right of extended debate has played an integral part in the Senate’s historic role as restrainer – “an effective if incalculable defense against oppression and overbearing authority.” The case for unlimited debate for judicial nominations is far stronger than with respect to other nominations or legislation. While non-judicial appointments are intended to carry out the President’s policies, judges constitute an independent third branch, designed to keep Congress and the executive within constitutional bounds. It is a fundamental and indispensable element of our checks and balances system that judges should not be partial to anyone. Further, the fact that federal judges have life-tenure and can exercise great power, accountable to no one, for several decades, makes protecting the Senate minority’s right of extended debate on judicial nominations especially vital. The Senate’s decision to confirm is practically irreversible, even when new information casts serious doubt on a judge’s fitness to serve. Such irreversibility and longevity are not true of either non-judicial nominations or legislation To check the appointment powers of the President, the United States Constitution assigns the Senate a critical co-equal role in the judicial appointment process,. This role is mandated by the founding fathers, and is supported by history, documented by constitutional scholars, and recognized by Republicans. As Article II, Section 2 of the Constitution states, “[The President of the United States] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the Supreme Court, and all other Officers of the United States.” The framers, fresh with memories of the abuses of King George III, intentionally designed a system that divided the appointment power between the Senate and the President. Republican Senator Strom Thurmond, in opposing the nomination of Abe Fortas to be Chief Justice in 1968, explained the Senate’s co-equal role as follows: It is my opinion, further, that if the Senate will turn down this nomination, we will thus indicate to the President and future Presidents that we recognize our responsibility as Senators. After all, this is a dual responsibility. The President merely picks or selects or chooses the individual for a position of this kind, and the Senate has the responsibility of probing into his character and integrity, and into his philosophy, and determining whether or not he is a properly qualified person to fill the particular position under consideration at the time. The founding fathers included the “advice and consent” clause not as a rubber stamp, but with the intention that rejection of nominees was a very real possibility. This possibility has been recognized by Senators of both parties. For example, former Senate Judiciary Committee Chairman Orrin Hatch commented that “conducting a fair confirmation process most assuredly does not mean granting the president carte blanche in filling the federal judiciary.” Senators of all political persuasions have used their constitutionally-prescribed “advice and consent” authority to reject judicial nominees. Between 1789 and 1900, 20 of 85 Supreme Court nominees did not make it to the bench – they were rejected, withdrawn or not acted upon. Delaying action and filibusters on federal court nominees has precedent in more recent history as well. Republicans blocked over 60 of President Clinton’s nominees – often with a single senator, rather than the substantial minority of 41 Senators that a successful filibuster requires. Senate Republicans also have expressly acknowledged their right to filibuster judicial nominations. During a 2000 filibuster of two of President Clinton’s nominees, Republican Senator Robert Smith of New Hampshire declared, “Don’t . . . tell me that somehow I am violating the Constitution of the United States of America by blocking a judge or filibustering a judge I don’t think deserves to be on the court. That is my responsibility. That is my advice and consent role, and I intend to exercise it.” In the past, presidents have honored the Senate’s “advice” role by consulting even Senators of the opposing party on judicial nominations. For example, when the Republican Party took control of the Senate in 1995, President Clinton consulted Senate Judiciary Committee Chairman Orrin Hatch in advance of any nomination, and withdrew nominations opposed by Republican Senators, despite criticism from his own party. In addition, Senator Hatch has written that even though he belonged to the minority party in 1993-94, President Clinton consulted with him to nominate Ruth Bader Ginsburg and Stephen Breyer for the Supreme Court. The Bush Administration has flatly refused to engage in any such consultation. Despite current assertions to the contrary, there is no legal basis for the suggestion that the use of filibusters in judicial nominations is unconstitutional. The Constitution does not say that a simple majority vote is required for Senate confirmation of a nominee, and it does not guarantee a vote on any nominee. Rather, Article I, Section 5 of the Constitution authorizes the Senate to determine its own rules of procedure, and Senate Rule XXII requires 60 votes to end debate on legislation or nominations. This tradition of requiring a super-majority to end debate reaches back to our nation’s earliest days. The idea that the majority party can unilaterally change the rules in the “middle of the game” is undemocratic. Further, if filibustering judicial nominees is unconstitutional, so are other common Senate practices used to protect the rights of individual Senators, such as the blue slip process and senatorial “holds.” Republicans, who used these practices profligately during the Clinton Administration, are not making that argument. Elimination of the filibuster in regard to judicial nominations, dubbed the “nuclear option,” would overturn the Senate’s 200 year check on recklessness and would have disastrous consequences for our democracy. As former Republican Senate Majority Leader Howard Baker wrote in 1993, destroying the right to filibuster, “would topple one of the pillars of American Democracy: the protection of minority rights from majority rule. The Senate is the only body in the federal government where these minority rights are fully and specifically protected. It was designed for that purpose by America’s Founders, who saw it, in Jefferson’s words, ‘as a saucer into which the nation’s passions may be poured to cool.’” Over the past several years, there have already been significant damages to the rights of the Senate minority and individual Senators. For example, in 2003-04, Senator Hatch unilaterally changed several Judiciary Committee rules that had protected the minority, dropping the blue slip requirement, the requirement that at least one member of the minority party agree to vote on a nominee if any Senator on the Committee objected to holding a vote, and the “Strom Thurmond rule,” which prevented the Senate from considering judicial nominees after the presidential nominating conventions. Such changes have led to an environment where the majority party has little incentive to compromise and has left the minority with no means beyond the filibuster to protect their sacred advice and consent duty. Invoking the nuclear option would also set a dangerous precedent. The Constitution is equally silent regarding the legitimacy of supermajorities to end debate on legislation and judicial nominations. Therefore, the same arguments being used today to try to end filibusters on judicial nominees can be used tomorrow to end filibusters on legislation. We believe that filibusters on judicial nominations have been employed judiciously and appropriately. During President Bush’s first term, the Senate confirmed 204 of his nominees, blocking only 10 of the most radical, out of the mainstream picks. In fact, President Bush has now appointed 24% of all active federal judges, including 20% of all circuit judges. Further, despite claims to the contrary, the federal judiciary does not have a vacancy crisis. There are currently 43 vacancies in the federal judiciary—much lower than the 100-plus vacancies that often existed during the Clinton Administration. We urge you to reaffirm the Senate’s constitutional role in the judicial selection process and strongly oppose any efforts to eliminate the Senators’ right to filibuster. It is important to remember that the pendulum swings, and that the majority today will one day be the minority. Rather than creating chaos in the Senate and destroying the Senate’s honored traditions, there is a clear solution to ending delays on nominations: consultation. President Bush must stop trying to pack the courts with extremist nominees and take seriously the “advice” portion of the advice and consent clause by consulting with Senators from both parties to select moderate, consensus candidates. History proves that consultation produces an excellent federal judiciary. We urge you to strive to retain the crucial role the Senate plays in selecting our nation’s federal judges. SIGNERS SO FAR Mark Aaronson Clinical Professor of Law University of California Hastings College of Law Melanie B. Abbott Associate Professor of Law Quinnipiac University School of Law Richard L. Abel Connell Professor of Law UCLA School of Law Khaled Abou El Fadl Professor of Law UCLA School of Law Janet Cooper Alexander Frederick I. Richman Professor of Law Stanford Law School Rebecca Brown Allen Professor of Law Vanderbilt University Law School Diane Marie Amann Visiting Professor of Law UCLA School of Law Anthony G. Amsterdam Professor of Law New York University School of Law Mark F. Anderson Associate Professor of Law Temple University Beasley School of Law Deborah Anker Jeremiah Smith, Jr. Lecturer on Law Harvard Law School Annette R. Appell Professor of Law & Associate Dean for Clinical Studies University of Nevada William S. Boyd School of Law Elvia R. Arriola Associate Professor of Law Northern Illinois University School of Law Frank Askin Professor of Law Rutgers Law School – Newark Michael Avery Associate Professor of Law Suffolk Law School Barbara Allen Babcock Crown Professor of Law Emerita Stanford Law School James Francis Bailey, III Professor of Law Emeritus Indiana University School of Law Elizabeth Bartholet Morris Wasserstein Public Interest Professor of Law Harvard Law School Margaret Martin Barry Associate Professor of Law Catholic University Columbus School of Law Linda M. Beale Associate Professor of Law University of Illinois College of Law John S. Beckerman Associate Dean for Academic Affairs Rutgers University School of Law – Camden Terri M. Beiner Professor of Law University of Arkansas at Little Rock William H. Bowen School of Law George Bell Clinical Professor of Law University of Illinois College of Law Leslie Bender Board of Advisors Professor of Law Syracuse University College of Law Steve Berenson Associate Professor of Law Thomas Jefferson School of Law Adele Bernhard Associate Professor of Law Pace Law School Susan Bitensky Professor of Law Michigan State University College of Law Susan Block-Lieb Professor of Law Fordham Law School Robert M. Bloom Professor of Law Boston College Law School Eric Blumenson Professor of Law Suffolk University Law School Alfred W. Blumrosen Thomas A. Cowan Professor of Law Emeritus Rutgers School of Law Newark Charles S. Bobis Professor of Law St. John’s University School of Law John Charles Boger Wade Edwards Professor of Law and Deputy Director of the Center for Civil Rights University of North Carolina School of Law – Chapel Hill John E. Bonine Professor of Law University of Oregon Cynthia Bowman Professor of Law Northwestern University School of Law Carolyn S. Bratt W.L. Matthews Professor of Law University of Kentucky College of Law Katherine S. Broderick Dean and Professor of Law UDC Clarke School of Law Mark S. Brodin Professor of Law Boston College Law School Allan Brotsky Professor of Law Emeritus Golden Gate University School of Law Darryl Brown Visiting Professor of Law University of Virginia Law School Maryann Brown Legal Writing Professor Widener University School of Law Elizabeth M. Bruch Associate Professor of Law Valparaiso University School of Law Susan Bryant Professor of Law CUNY School of Law Sande L. Buhai Clinical Professor of Law Loyola Law School Lewis Burke Professor of Law and Director of Clinics University of South Carolina School of Law Scott Burris James E. Beasley Professor of Law Temple University Beasley School of Law Robert Calhoun Professor of Law Golden Gate University School of Law Janet Calvo Professor of Law CUNY School of Law John J. Capowski Associate Professor of Law Widener University School of Law William Carter Associate Professor of Law Case Western Reserve University School of Law Cathleen Cavell Adjunct Professor Boston College Law School David L. Chambers Wade H. McCree Jr. Collegiate Professor Emeritus of Law University of Michigan Law School Frederick Tse-shyang Chen Professor of Law Quinnipiac University School of Law Richard B. Child Professor of Law New England School of Law William G. Childs Assistant Professor of Law Western New England College School of Law Craig W. Christensen Professor of Law Southwestern University School of Law Leroy D. Clark Professor of Law Catholic University Columbus School of Law Stephen Clark Associate Professor of Law Albany Law School Timothy L. Coggins Associate Dean & Professor of Law University of Richmond School of Law Marjorie Cohn Professor of Law Thomas Jefferson School of Law Nancy L. Cook Associate Professor of Law Roger Williams University School of Law Lois Cox Clinical Professor of Law University of Iowa College of Law Scott Cummings Professor of Law UCLA School of Law Richard A. Daynard Associate Dean for Academic Affairs and Professor of Law Northeastern University School of Law Connie de la Vega Professor of Law University of San Francisco School of Law Victoria J. Dodd Professor of Constitutional Law Suffolk University Law School Jane Dolkart Visiting Professor of Law American University Washington College of Law Sharon Dolovich Acting Professor of Law UCLA School of Law Michael Dorff Professor of Law Southwestern University School of Law Norman Dorsen Stokes Professor of Law Counselor to the President of New York University New York University School of Law Robert F. Drinan, S.J. Professor of Law Georgetown University Law Center Mary L. Dudziak Judge Edward J. and Ruey L. Guirado Professor of Law and History University of Southern California Law School Don Duquette Clinical Professor of Law Director of the Child Advocacy Law Clinic University of Michigan Law School Melvyn R. Durchslag Professor of Law Case Western Reserve University School of Law Ronald Dworkin Frank Henry Sommer Professor of Law New York University School of Law George E. Edwards Professor of Law and Director of the Program in International Human Rights Law Indiana University School of Law – Indianapolis Nancy Ehrenreich Professor of Law University of Denver Sturm College of Law Deborah Ellis Assistant Dean for Public Interest Law New York University School of Law Anne S. Emanuel Associate Dean Georgia State University College of Law Sheri J. Engelken Assistant Professor of Law Gonzaga University School of Law Jules Epstein Visiting Professor of Law Widener University School of Law Marie A. Failinger Professor of Law Hamline University School of Law Neal R. Feigenson Professor of Law Quinnipiac University School of Law G. Michael Fenner James L. Koley ’54 Professor of Constitutional Law Creighton University School of Law Zanita E. Fenton Associate Professor of Law Wayne State University Law School Todd D. Fernow Professor of Law University of Connecticut School of Law Paul Finkelman Chapman Distinguished Professor of Law University of Tulsa College of Law Catherine Fisk Professor of Law Duke University Law School Denise D. Fort Professor of Law University of New Mexico School of Law Sally Frank Professor of Law Drake University School of Law Ann E. Freedman Associate Professor of Law Rutgers School of Law – Camden Howard M. Friedman Professor of Law University of Toledo School of Law Paul J. Galanti Professor of Law Emeritus Indiana University School of Law – Indianapolis Mary Ellen Gale Professor of Law Whittier Law School Paula Galowitz Clinical Professor of Law New York University School of Law Alan E. Garfield Professor of Law Widener University School of Law Theresa Glennon Professor of Law Temple University Beasley School of Law Howard A. Glickstein Professor of Law and Dean Emeritus Touro Law Center Dale D. Goble Margaret Wilson Schimke Distinguished Professor of Law University of Idaho College of Law Carole Goldberg Professor of Law UCLA School of Law Michael J. Goldberg Professor of Law Widener University School of Law Phyllis Goldfarb Professor of Law Boston College Law School Alvin L. Goldman Lafferty Professor of Law University of Kentucky College of Law Robert D. Goldstein Professor of Law UCLA School of Law Victor M. Goode Associate Professor of Law CUNY School of Law James W. Gordon Professor of Law Western New England College School of Law Stuart P. Green Professor of Law Louisiana State University Law Center Martin Guggenheim Professor of Clinical Law New York University School of Law Phoebe A. Haddon Professor of Law Temple University Beasley School of Law Joel F. Handler Richard C. Maxwell Professor of Law UCLA School of Law Leora Harpaz Professor of Law Western New England College School of Law Danielle Kie Hart Professor of Law Southwestern University School of Law Bernadette W. Hartfield Associate Professor of Law Georgia State University College of Law Emily Albrink Hartigan Professor of Law St. Mary’s University School of Law Robert L. Hayman, Jr. Professor of Law and H. Albert Young Fellow in Constitutional Law Widener University School of Law Joann Henderson Professor of Law University of Idaho College of Law Lynne Henderson Professor of Law Boyd School of Law – University of Nevada Las Vegas Renee Franklin Hill Associate Dean North Carolina Central University School of Law Ingrid M. Hillinger Professor of Law Boston College Law School Elizabeth L. Hillman Associate Professor of Law Rutgers School of Law – Camden Bill Ong Hing Professor of Law University of California Davis School of Law Barbara Hoffman Legal Research and Writing Professor Rutgers University Law School -- Newark Wythe W. Holt University Research Professor of Law University of Alabama School of Law Oliver Houck Professor of Law Tulane University Law School Ruth-Arlene W. Howe Professor of Law Boston College Law School Marsha C. Huie Professor of Law University of Tulsa College of Law Sherrilyn Ifill Associate Professor of Law University of Maryland School of Law Ann L. Iijima Professor of Law William Mitchell College of Law Jane Johnson Professor of Clinical Law Tulane Law School Paula C. Johnson Professor of Law Syracuse University College of Law Craig Johnston Professor of Law Lewis and Clark Law School Donald K. Joseph Visiting Associate Professor of Law Rutgers School of Law – Camden Timothy Stoltzfus Jost Robert L. Willett Family Professor of Law Washington and Lee University School of Law David Kairys James E. Beasley Professor of Law Temple University Beasley School of Law Eileen Kaufman Professor of Law Touro Law Center Robert A. Katz Associate Professor of Law Indiana University School of Law – Indianapolis Gregory C. Keating William T. Dalessi Professor of Law University of Southern California Law School Michael J. Kelly Associate Professor of Law Creighton University School of Law Walter J. Kendall, III Professor of Law The John Marshall Law School Neil Kinkopf Associate Professor of Law Georgia State University College of Law Eleanor D. Kinney Hall Render Professor of Law Indiana University School of Law – Indianapolis Kit Kinports Professor of Law University of Illinois College of Law James M. Klebba Victor H. Schiro Professor of Law Loyola University New Orleans School of Law Daniel T. Kobil Professor of Law Capital University Law School Larry Krieger Clinical Professor and Director of Clinical Externship Programs Florida State University College of Law Lewis Kurlantzick Zephaniah Swift Professor of Law University of Connecticut School of Law James A. Kushner Professor of Law Southwestern University School of Law Mae Kuykendall Senior Associate Dean and Professor of Law Michigan State University College of Law Arthur LaFrance Professor of Law Lewis & Clark Law School Robert E. Lancaster Associate Clinical Professor of Law Indiana University School of Law – Indianapolis Sylvia A. Law Elizabeth K. Dollard Professor of Law New York University School of Law Robert G. Lawson Professor of Law University of Kentucky College of Law Hugh M. Lee Director of the Civil and Elder Law Clinics University of Alabama School of Law Raleigh Hannah Levine Associate Professor of Law William Mitchell College of Law Suzanne J. Levitt Professor of Law and Executive Director of Clinical Programs Drake University Law School Christine A. Littleton Professor of Law Interim Director, Center for the Study of Women UCLA School of Law Stephen Loffredo Professor of Law City University of New York School of Law Susan Looper-Friedman Professor of Law Capital University Law School Maria Pabon Lopez Assistant Professor of Law Indiana University School of Law – Indianapolis William V. Luneburg Professor of Law University of Pittsburgh School of Law Lois R. Lupica Professor of Law University of Maine School of Law Mary L. Lyndon Professor of Law St. John’s University School of Law David Lyons Professor of Law Boston University School of Law James S. MacDonald Professor of Law University of Idaho College of Law Hugh C. Macgill Professor of Law University of Connecticut School of Law Raneta Lawson Mack Professor of Law Creighton University School of Law Holly Maguigan Professor of Clinical Law New York University School of Law Susan F. Mandiberg Professor of Law Lewis & Clark Law School Karl Manheim Professor of Law Loyola Law School Marsha M. Mansfield Clinical Assistant Professor of Law University of Wisconsin Law School Kent Markus Associate Professor of Law Capital University Law School Elizabeth Phillips Marsh Professor of Law Quinnipiac University School of Law Lynn Martell Clinical Professor of Law New York University School of Law Susan J. Martin Professor of Law Southwestern University School of Law Martha McCluskey Professor of Law State University of NY at Buffalo Law School James McGrath Associate Professor of Law Appalachian School of Law M. Isabel Medina Ferris Family Professor of Law Loyola University New Orleans School of Law Michael Meltsner Matthews Distinguished University Professor of Law Northeastern University School of Law Saul Mendlovitz Dag Hammarskjold Professor of Law Rutgers School of Law -- Newark Carrie Menkel-Meadow Professor of Law Georgetown University Law Center Vanessa Merton Associate Dean for Clinical Education and Professor of Law Pace University School of Law Binny Miller Professor of Law American University Washington College of Law Elliott S. Milstein Professor of Law American University Washington College of Law Joel A. Mintz Professor of Law Nova Southeastern University Law Center Mary Harter Mitchell Alan H. Cohen Professor of Law Indiana University School of Law – Indianapolis William B.T. Mock Associate Dean for Academic Affairs The John Marshall Law School Margaret Montoya Professor of Law University of New Mexico School of Law Scott Moss Assistant Professor of Law Marquette University Law School Gregory S. Munro Professor of Law and Director of Professional Skills University of Montana School of Law Jyoti Nanda Lecturer in Law UCLA School of Law Reta Noblett-Feld Clinical Law Professor University of Iowa College of Law Kimberly E. O’Leary Professor of Law Thomas Cooley Law School Kevin Francis O’Neill Associate Professor of Law Cleveland-Marshall College of Law Daniel Ortega Research Professor of Law Director, International Law Programs University of New Mexico School of Law Nancy K. Ota Professor of Law Albany Law School Patrick Parenteau Professor of Law Director, Environmental and Natural Resources Law Clinic Vermont Law School Jeremy Paul Thomas F. Gallivan, Jr. Professor of Law and Associate Dean for Research University of Connecticut School of Law Mark A. Peterson Clinical Professor of Law Lewis and Clark Law School Zygmunt J.B. Plater Professor of Law Boston College Law School Marc R. Poirier Professor of Law Seton Hall University School of Law Malla Pollack Visiting Associate Professor of Law University of Idaho College of Law Daniel H. Pollit Professor of Law Emeritus University of North Carolina School of Law Anne Bowen Poulin Professor of Law Villanova University School of Law Deborah Post Professor of Law Touro Law Center Jamin Raskin Professor of Law American University Washington College of Law Norman Redlich Dean Emeritus New York University School of Law Judith Resnik Arthur Liman Professor of Law Yale Law School Gary G. Roberts Deputy Dean & Sumter Davis Marks Professor of Law Tulane Law School Heidi Gorovitz Robertson Associate Professor of Law Cleveland-Marshall College of Law Reginald Leamon Robinson Professor of Law Howard Law School Toni Robinson Professor of Law Quinnipiac University School of Law Florence Wagman Roisman Michael McCormick Professor of Law Indiana University School of Law – Indianapolis Thomas D. Rowe, Jr. Elvin R. Latty Professor of Law Duke University School of Law Susan D. Rozelle Assistant Professor of Law Capital University Law School Constance L. Rudnick Professor of Law Massachusetts School of Law Herbert J. Sablove Adjunct Professor of Law Rutgers School of Law – Camden Christopher L. Sagers Assistant Professor of Law Cleveland State University School of Law Joyce Saltalamachia Professor of Law New York Law School Kenneth Salzberg Associate Professor of Law Hamline University School of Law Herman Schwartz Professor of Law American University Washington College of Law Elizabeth Semel Acting Clinical Professor of Law and Director of the Death Penalty Clinic University of California at Berkeley School of Law Jeffrey M. Shaman St. Vincent de Paul Professor of Law DePaul University College of Law Peter M. Shane Joseph S. Platt/Porter Wright Morris & Arthur Professor of Law Ohio State University Moritz College of Law Laurie Shanks Clinical Professor of Law and Director of the Field Placement Project Albany Law School Katherine C. Sheehan Professor of Law Southwestern University School of Law Danielle M. Shelton Assistant Professor of Legal Writing Drake University Law School Melvin R. Shuster Adjunct Professor of Law Rutgers School of Law – Camden Marjorie A. Silver Professor of Law Touro Law Center Amy Sinden Assistant Professor of Law Temple University Beasley School of Law Abbe Smith Professor of Law Co-Director, Criminal Justice Clinic Georgetown University Law Center Ralph S. Spritzer Professor of Law Arizona State University College of Law Norman Stein Douglas Arant Professor of Law University of Alabama School of Law Norman H. Stein Adjunct Professor of Law American University Washington College of Law Joseph L. Stone Clinical Professor of Law & Director of the Business Law Clinic Loyola University Chicago School of Law John A. Strait Associate Professor of Law Seattle University School of Law Mark Strasser Professor of Law Capital University Law School Andrew Strauss Professor of Law Widener University School of Law Beth Stephens Professor of Law Rutgers School of Law – Camden Allen A. Sultan Professor of Law University of Dayton School of Law Kim Taylor-Thompson Professor of Clinical Law New York University School of Law Joseph R. Thome Emeritus Professor of Law University of Wisconsin Law School Adam Thurschwell Associate Professor of Law Cleveland Marshall College of Law Paul R. Tremblay Clinical Professor of Law Boston College Law School Joseph B. Tulman Professor of Law University of the District of Columbia David A. Clarke School of Law Rodney J. Uphoff Associate Dean and Elwood Thomas Missouri Endowed Professor of Law University of Missouri School of Law -- Columbia Georgene Vairo Professor of Law & William M. Rains Fellow Loyola Law School Reynaldo Anaya Valencia Professor of Law St. Mary’s University School of Law Lawrence R. Velvel Dean and Professor of Law Massachusetts School of Law Dominick Vetri Kliks Professor of Law University of Oregon School of Law Adrienne Volenik Clinical Professor of Law University of Richmond School of Law Rachel Vorspan Associate Professor of Law Fordham University School of Law Rhonda Wasserman Professor of Law University of Pittsburgh School of Law Janet Weinstein Professor of Law California Western School of Law Deborah M. Weissman Professor of Law and Director of Clinical Programs University of North Carolina at Chapel Hill School of Law Welsh S. White Professor of Law University of Pittsburgh School of Law Lucy A. Williams Professor of Law Northeastern University School of Law Richard J. Wilson Professor of Law American University Washington College of Law Stephen Wizner William O. Douglas Clinical Professor of Law Yale Law School Mark E. Wojcik Associate Professor of Law and Director Global Legal Studies The John Marshall Law School William J. Woodward Jr. Professor of Law Temple University Beasley School of Law Jennifer L. Wright Associate Professor of Law University of St. Thomas School of Law Jonathan M. Zasloff Professor of Law UCLA School of Law Maryann Zavez Professor of Law Vermont Law School Rebecca E. Zietlow Professor of Law University of Toledo College of Law _______________________________________________ To post, send message to Conlawprof@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.