Adam Winkler

Last updated
Adam Winkler
Professor Adam Winkler.jpg
Adam Winkler
Born (1967-07-25) July 25, 1967 (age 57)
Los Angeles, U.S.
Education Georgetown University (BS)
New York University (JD)
University of California Los Angeles (MA)
Occupation(s)Attorney
Law professor
Parent Irwin Winkler
Website Official website OOjs UI icon edit-ltr-progressive.svg

Adam Winkler (born July 25, 1967) is the Connell Professor of Law at the UCLA School of Law. He is the author of We the Corporations: How American Businesses Won Their Civil Rights [1] and Gunfight: The Battle over the Right to Bear Arms in America. [2] His work has frequently been cited in judicial opinions, including in Supreme Court cases pertaining to the First and Second Amendments. [3]

Contents

Early life and education

Winkler, born and raised in Los Angeles, is the youngest son of film producer Irwin Winkler. As a child, he had small acting parts in movies, including Martin Scorsese's New York, New York (1977).

He holds a Bachelor of Science in foreign service from Edmund A. Walsh School of Foreign Service, a Juris Doctor from New York University School of Law, and a master's degree in political science from UCLA, where he studied under Karen Orren. [4]

Professional career

Winkler practiced with Howard Weitzman and represented Michael Jackson in his defense against charges of sexual assault. [5] He also served as a law clerk to judge David Thompson of the U.S. Court of Appeals for the Ninth Circuit from 1995 to 1996.

Winkler was the John M. Olin fellow at the University of Southern California Law School from 2001 to 2002. He has taught at UCLA School of Law since 2002, receiving tenure in 2007. [5]

Scholarship

We the Corporations: How American Businesses Won Their Civil Rights We the Corporations Cover.jpg
We the Corporations: How American Businesses Won Their Civil Rights

Winkler's book We the Corporations: How American Businesses Won Their Civil Rights [1] was a finalist for the 2018 National Book Award for Nonfiction, the National Book Critics Circle Award, the American Bar Association's Silver Gavel Award, the California Book Award, and received the Scribes Book Award. The book chronicles the corporate rights movement: the two-hundred year effort by business corporations to achieve the same constitutional rights as ordinary people, culminating in the Supreme Court's ruling in Citizens United v. FEC. [1] We the Corporations was listed as a Best or Notable Book of 2018 by the New York Times, [6] the Washington Post, [7] the Economist, [8] the San Francisco Chronicle, [9] and the Seattle Times. [10]

Winkler's writing on the right to bear arms, which recognizes both the individual right to possess firearms and the legitimacy of effective gun control, has been cited by the U.S. Supreme Court and numerous lower courts. [11] His book Gunfight: The Battle over the Right to Bear Arms in America details the history of the right to bear arms and efforts to balance gun rights with gun safety laws in the United States since the country's founding. [12]

Winkler has written extensively on legal history topics, such as the origins of campaign finance law, [13] the women's suffrage movement, [14] and the regulation of political parties. [15] He has also done quantitative research on constitutional law issues, including a study which challenged the legal maxim that strict scrutiny is "'strict' in theory, but fatal in fact," finding that federal courts upheld laws when applying the test in approximately 25% of cases. [16] [17] [18] Along with historian Leonard Levy and UCLA School of Law professor Kenneth Karst, Winkler edited the six-volume Encyclopedia of the American Constitution. [19]

Awards and honors

Winkler has won awards and honors for his work including the Scribes Book Award. His book We the Corporations also made him a finalist for the 2018 National Book Award for Nonfiction, the National Book Critics Circle Award, the American Bar Association's Silver Gavel Award, the California Book Award. [20] In 2018, his alma mater, NYU, awarded him its Law Teaching Award, which is given to teachers for their scholarship and dedication to the education and training of law students. [21] Winkler also currently serves on the board of directors at the Brennan Center for Justice. [2]

Related Research Articles

<span class="mw-page-title-main">Second Amendment to the United States Constitution</span> 1791 amendment protecting the right to keep and bear arms

The Second Amendment to the United States Constitution protects the right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons". In McDonald v. City of Chicago (2010) the Supreme Court ruled that state and local governments are limited to the same extent as the federal government from infringing upon this right. New York State Rifle & Pistol Association, Inc. v. Bruen (2022) assured the right to carry weapons in public spaces with reasonable exceptions.

<span class="mw-page-title-main">Gun politics in the United States</span>

Gun politics in the United States is characterized by two primary opposing ideologies regarding private firearm ownership.

The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.

Garrett Epps is an American legal scholar, novelist, and journalist. He was professor of law at the University of Baltimore until his retirement in June 2020; previously he was the Orlando J. and Marian H. Hollis Professor of Law at the University of Oregon.

Reva B. Siegel is the Nicholas deB. Katzenbach Professor of Law at Yale Law School. Siegel's writing draws on legal history to explore questions of law and inequality, and to analyze how courts interact with representative government and popular movements in interpreting the Constitution. She is currently writing on the role of social movement conflict in guiding constitutional change, addressing this question in recent articles on reproductive rights, originalism and the Second Amendment, the "de facto ERA," and the enforcement of Brown. Her publications include Processes of Constitutional Decisionmaking ; The Constitution in 2020 ; and Directions in Sexual Harassment Law. Professor Siegel received her B.A., M.Phil, and J.D. from Yale University, clerked for Judge Spottswood William Robinson III on the D.C. Circuit, and began teaching at the University of California at Berkeley. She is a member of the American Academy of Arts and Sciences, and is active in the American Society for Legal History, the Association of American Law Schools, the American Constitution Society, in the national organization and as faculty advisor of Yale's chapter. She was elected to the American Philosophical Society in 2018.

<span class="mw-page-title-main">UCLA School of Law</span> Public law school in Los Angeles, California

The University of California, Los Angeles School of Law is the law school of the University of California, Los Angeles.

<span class="mw-page-title-main">Mari Matsuda</span> American lawyer

Mari J. Matsuda is an American lawyer, activist, and law professor at the William S. Richardson School of Law at the University of Hawaiʻi at Mānoa. She was the first tenured female Asian American law professor in the United States, at University of California, Los Angeles (UCLA) School of Law in 1998 and one of the leading voices in critical race theory since its inception. Matsuda returned to Richardson in the fall of 2008. Prior to her return, Matsuda was a professor at the UCLA School of Law and Georgetown University Law Center, specializing in the fields of torts, constitutional law, legal history, feminist theory, critical race theory, and civil rights law.

<span class="mw-page-title-main">Burt Neuborne</span> American lawyer

Burt Neuborne is the Norman Dorsen Professor of Civil Liberties at New York University School of Law and the founding legal director of the Brennan Center for Justice.

<i>New York University Law Review</i> Academic journal

The New York University Law Review is a bimonthly general law review covering legal scholarship in all areas, including legal theory and policy, environmental law, legal history, and international law. The journal was established in 1924 as a collaborative effort between law students and members of the local bar. Its first editor-in-chief was Paul D. Kaufman. Between 1924 and 1950, it was at various times known as the Annual Review of the Law School of New York University and the New York University Law Quarterly Review before obtaining its current name in 1950.

<span class="mw-page-title-main">Adam Liptak</span> American journalist and lawyer

Adam Liptak is an American journalist, lawyer and instructor in law and journalism. He is the Supreme Court correspondent for The New York Times.

District of Columbia v. Heller, 554 U.S. 570 (2008), is a landmark decision of the Supreme Court of the United States. It ruled that the Second Amendment to the U.S. Constitution protects an individual's right to keep and bear arms—unconnected with service in a militia—for traditionally lawful purposes such as self-defense within the home, and that the District of Columbia's handgun ban and requirement that lawfully owned rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock" violated this guarantee. It also stated that the right to bear arms is not unlimited and that certain restrictions on guns and gun ownership were permissible. It was the first Supreme Court case to decide whether the Second Amendment protects an individual right to keep and bear arms for self-defense or whether the right was only intended for state militias.

Leonard Burke Sand was an American judge who served as a United States district judge of the United States District Court for the Southern District of New York.

<span class="mw-page-title-main">Nazi gun control argument</span> 1992 fringe theory about gun regulations

The Nazi gun control argument is the claim that gun regulations in Nazi Germany helped facilitate the rise of the Nazis and the Holocaust. Historians and fact-checkers have characterized the argument as dubious or false, and point out that Jews were under 1% of the population and that it would be unrealistic for such a small population to defend themselves even if they were armed.

<span class="mw-page-title-main">Stephen Halbrook</span> American lawyer and author

Stephen P. Halbrook is a senior fellow at the Independent Institute and an author and lawyer known for his litigation on cases involving laws pertaining to firearms. He has written extensively about the original meanings of the Second Amendment and the Fourteenth Amendment. He has argued and won three cases before the US Supreme Court: Printz v. United States, United States v. Thompson-Center Arms Company, and Castillo v. United States. He has also written briefs in many other cases, including the Supreme Court cases Small v. United States and McDonald v. Chicago. In District of Columbia v. Heller, he wrote a brief on behalf of the majority of both houses of Congress. He has written many books and articles on the topic of gun control, some of which have been cited in Supreme Court opinions. He has testified before congress on multiple occasions. Halbrook's most popular book is That Every Man Be Armed, originally published in 1984. The book is an analysis of the legal history and original intent of the Second Amendment.

In the United States, the right to keep and bear arms is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. The Second Amendment declares:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

<i>Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy</i> 2016 book by Heather Ann Thompson

Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy is a nonfiction book about the Attica Prison uprising of 1971 and details not only the events of the week-long uprising and its brutal ending, but also the protracted legal battles that persisted for decades after the event. It is the third book by University of Michigan historian Heather Ann Thompson. Blood in the Water provides a complete history of the incidents at Attica reflecting a decade of research, including information from interviews, government records, personal correspondence, and legal documents, much of which has never been made public before. Thompson argues that the Attica uprising and New York state's response represented shifting American approaches to incarceration and policy. The reverberations of this watershed event has continued to influence America's prison system.

<span class="mw-page-title-main">Danielle Citron</span> American law professor

Danielle Keats Citron is a Jefferson Scholars Foundation Schenck Distinguished Professor in Law at the University of Virginia School of Law, where she teaches information privacy, free expression, and civil rights law. Citron is the author of "The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age" and "Hate Crimes in Cyberspace" (2014). She also serves as the Vice President of the Cyber Civil Rights Initiative, an organization which provides assistance and legislative support to victims of online abuse. Prior to joining UVA Law, Citron was an Austin B. Fletcher Distinguished Professor of Law at Boston University Law School, and was also the Morton & Sophia Macht Professor of Law at the University of Maryland School of Law.

<i>We the Corporations</i> 2018 book by Adam Winkler

We the Corporations: How American Businesses Won Their Civil Rights is a book-length history of American corporate personhood and other rights of corporations written by constitutional law professor Adam Winkler and published by W. W. Norton in 2018.

<span class="mw-page-title-main">Kenneth L. Karst</span> American legal scholar

Kenneth L. Karst was an American professor at the University of California, Los Angeles (UCLA) who wrote extensively on constitutional law and a wide range of other subjects. He was cited 12 times by the Supreme Court of the United States.

<span class="mw-page-title-main">Margaret Satterthwaite</span> American special rapporteur

Margaret Lockwood Satterthwaite is the American-born special rapporteur on the independence of judges and lawyers for the United Nations. She has been involved in legal cases including those in Kiribati and the United Kingdom where the government was planning to overrule the judiciary.

References

  1. 1 2 3 "We the Corporations". wwnorton.com. Retrieved 2023-02-02.
  2. 1 2 "Winkler, Adam | UCLA Law". law.ucla.edu. Retrieved 2020-11-21.
  3. ↑ Farris, Nick; Aggerbeck, Valerie; McNevin, Megan; Sisk, Gregory C. (2016-08-18). "Judicial Impact of Law School Faculties". Rochester, NY. SSRN   2826048.{{cite journal}}: Cite journal requires |journal= (help)
  4. ↑ "Adam David Winkler". IMDB. Retrieved 30 June 2017.
  5. 1 2 "Faculty Profiles > Full-Time Faculty > Adam Winkler" Archived 2014-05-07 at the Wayback Machine . UCLA School of Law.
  6. ↑ "100 Notable Books of 2018". The New York Times. 19 November 2018. Retrieved 2023-02-12.
  7. ↑ "100 Notable Books of 2018". yearendlists.com. 13 November 2018. Retrieved 2023-02-12.
  8. ↑ "The Economist's books of the year". The Economist. Retrieved 2023-02-12.
  9. ↑ "Year in review: The best books of 2018". datebook.sfchronicle.com. Retrieved 2023-02-12.
  10. ↑ "50 best nonfiction books of 2018". seattletimes.com. 7 December 2018. Retrieved 2023-02-12.
  11. ↑ District of Columbia v. Heller, 554 U.S. 570, 691 (2008) (Breyer, J., dissenting); McDonald v. Chicago, 561 U.S. 742, 900 (2010) (Breyer, J., dissenting); U.S. v. Yancey, 621 F.3d 681, 685 (2010); U.S. v. McCane, 573 F.3d 1037, 1048 (2009); Wilson v. State, 207 P.3d 565, 585 (2009).
  12. ↑ "Gunfight". wwnorton.com. Retrieved 2020-11-21.
  13. ↑ Adam Winkler, "Other People's Money": Corporations, Agency Costs, and Campaign Finance Law, 92 Geo. L.J. 871 (2004)
  14. ↑ Adam Winkler, A Revolution Too Soon: Woman Suffragists and the "Living Constitution", 76 N.Y.U. L. Rev. 1456 (2001).
  15. ↑ Adam Winkler, Voters' Rights and Parties' Wrongs: Early Political Party Regulation in the State Courts, 1886-1915, 100 Colum. L. Rev. 873 (2000).
  16. ↑ Winkler's article has been cited over 300 times by works in numerous prestigious journals, including Harvard Law Review, Yale Law Journal, and Stanford Law Review to name a few. See, e.g., Richard H. Fallon, Jr., Constitutionally Forbidden Legislative Intent, 130 Harv. L. Rev. 523, 576 (2016); Abbe R. Gluck, Intersystemic Statutory Interpretation: Methodology as Law and the Erie Doctrine, 120 Yale L.J. 1898, 1957 (2011); Ian F. Haney Lopez, "A Nation of Minorities": Race, Ethnicity, and Reactionary Colorblindness, 59 Stan. L. Rev. 985, 988 (2007).
  17. ↑ Adam Winkler, Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts, 59 Vand. L. Rev. 793 (2006).
  18. ↑ Adam Winkler, Free Speech Federalism, 108 Mich. L. Rev. 153 (2009).
  19. ↑ Encyclopedia of the American Constitution (Leonard W. Levy et al. eds., 2d ed. 2000).
  20. ↑ "Winkler, Adam | UCLA Law". law.ucla.edu. Retrieved 2021-01-26.
  21. ↑ "NYU Law welcomed alumni back to campus for Reunion 2018 | NYU School of Law". www.law.nyu.edu. Retrieved 2020-11-21.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.