Paul A. Brest | |
---|---|
Dean of Stanford Law School | |
In office January 2024 –June 17, 2024 | |
Preceded by | Jenny S. Martinez |
Succeeded by | George Triantis |
In office 1987–1999 | |
Preceded by | John Hart Ely |
Succeeded by | Kathleen M. Sullivan |
Personal details | |
Born | 1940 (age 83–84) |
Education | Swarthmore College (BA) Harvard University (LLB) |
Paul Brest (born c. 1940) is an American legal scholar who is a former president of the William and Flora Hewlett Foundation, [1] and was dean of Stanford Law School. [2] He is credited with coining the name originalism to describe a particular approach to interpreting the United States Constitution. [3]
Brest received his Bachelor of Arts degree from Swarthmore College in 1962 and his Bachelor of Laws from Harvard Law School in 1965. [4]
Following law school,Brest clerked for Judge Bailey Aldrich of the Court of Appeals for the First Circuit and for Justice John Marshall Harlan II of the Supreme Court of the United States. [4] He also practiced as a civil rights litigator with the NAACP Legal Defense and Education Fund in Mississippi. [4]
In 1969,Brest joined the faculty of Stanford Law School, [5] serving as Dean of the law school from 1987 until 1999,when he voluntarily stepped down to become president of the William and Flora Hewlett Foundation. [4] His scholarship focuses on constitutional law and judgment and decision-making in law,and he is the author of the leading casebook,Processes of Constitutional Decision-Making. [4]
Brest returned to Stanford Law School in 2012 and continues to teach courses on philanthropy,decision-making,and impact investing. He also directs numerous policy practicums through the Stanford Law and Policy Lab. [6]
Between 1983 and 1984,Brest served as a fellow of the Center for Advanced Study in the Behavioral Sciences;he is now the chairman of the board of directors. [7] Brest is also the faculty co-director of the Stanford Center on Philanthropy and Civil Society,and he serves as a lecturer at the Stanford Graduate School of Business. [7] He served as interim Dean of Stanford Law School from January 2024 until June 2024. [8]
Brest is an elected fellow of the American Academy of Arts and Sciences. [4] He is one of the 50 most-cited legal scholars of all-time [9] and has published two of the 100 most-cited law review articles of all time. [10] Brest holds honorary degrees from Northwestern University School of Law and Swarthmore College. [4] He served on the Creative Commons board of directors including time spent as its chair. [11]
Marbury v. Madison,5 U.S. 137 (1803),was a landmark decision of the U.S. Supreme Court that established the principle of judicial review,meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803,Marbury is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law,not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.
Romer v. Evans,517 U.S. 620 (1996),is a landmark United States Supreme Court case dealing with sexual orientation and state laws. It was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986),when the Court had held that laws criminalizing sodomy were constitutional.
Originalism is a legal theory that bases constitutional,judicial,and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead,originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.
The William and Flora Hewlett Foundation,commonly known as the Hewlett Foundation,is a private foundation,established by Hewlett-Packard cofounder William Redington Hewlett and his wife Flora Lamson Hewlett in 1966. The Hewlett Foundation awards grants to a variety of liberal and progressive causes.
John Hart Ely was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973,Harvard Law School from 1973 to 1982,Stanford Law School from 1982 to 1996,and at the University of Miami Law School from 1996 until his death. From 1982 until 1987,he was the 9th dean of Stanford Law School.
Immigration and Naturalization Service v. Chadha,462 U.S. 919 (1983),was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
Akhil Reed Amar is an American legal scholar known for his expertise in U.S. constitutional law. He is the Sterling Professor of Law and Political Science at Yale University,where he is a leading scholar of originalism,the U.S. Bill of Rights,and criminal procedure.
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.
"The Constitution is not a suicide pact" is a phrase in American political and legal discourse. The phrase expresses the belief that constitutional restrictions on governmental power must be balanced against the need for survival of the state and its people. It is most often attributed to Abraham Lincoln,as a response to charges that he was violating the United States Constitution by suspending habeas corpus during the American Civil War. Although the phrase echoes statements made by Lincoln,and although versions of the sentiment have been advanced at various times in American history,the precise phrase "suicide pact" was first used in this context by Justice Robert H. Jackson in his dissenting opinion in Terminiello v. Chicago,a 1949 free speech case decided by the U.S. Supreme Court. The phrase also appears in the same context in Kennedy v. Mendoza-Martinez,a 1963 U.S. Supreme Court decision written by Justice Arthur Goldberg.
Vikram David Amar is an American legal scholar focusing on constitutional law,federal courts,and civil and criminal procedure. In August 2015,he became dean of the University of Illinois College of Law and the Iwan Foundation Professor of Law. He returned to the University of California,Davis School of Law as a Distinguished Professor of Law in 2023.
Writ is a legal commentary website on the topic of the law of the United States hosted by FindLaw. The website is no longer adding content,having published its last entry in August 2011. Before then,Writ published at least one new column by one of its regular columnists every business day,and frequently posted a second column by a guest columnist. The regular columnists were all notable attorneys. Almost all contributors are law professors;some are former law clerks from the U.S. Supreme Court;some are past or present federal prosecutors;one is a former Counsel to the President;one is a novelist,and one is the current director of the Terrorism and Counterterrorism Program of Human Rights Watch. The guest columnists also tend to be law professors or seasoned attorneys. When the website was still producing new content,columnists commented both on notable ongoing court cases and recent court decisions,as well as on current events.
Jack M. Balkin is an American legal scholar. He is the Knight Professor of Constitutional Law and the First Amendment at Yale Law School. Balkin is the founder and director of the Yale Information Society Project (ISP),a research center whose mission is "to study the implications of the Internet,telecommunications,and the new information technologies for law and society." He also directs the Knight Law and Media Program and the Abrams Institute for Free Expression at Yale Law School.
The "American Law Library" series are a series of Chinese books that are translated from American law textbooks.
Balkinization is a legal blog focused on constitutional,First Amendment,and other civil liberties issues. The weblog was created on January 13,2003 by Jack Balkin,a professor of U.S. constitutional law at Yale Law School.
In United States law,jurisdiction-stripping is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts.
Sanford Victor Levinson is an American legal scholar known for his writings on constitutional law. A professor at the University of Texas Law School,Levinson is notable for his criticism of the United States Constitution as well as excessive presidential power and has been widely quoted on such topics as the Second Amendment,gay marriage,nominations to the Supreme Court,and other legal issues. He has called for a Second Constitutional Convention of the United States.
Larry D. Kramer is an American legal scholar serving as the president and vice chancellor of the London School of Economics since April 2024. Previously,Kramer served as president of the William and Flora Hewlett Foundation from 2012 through 2023. Prior to that role,he was the Dean of Stanford Law School (2004–2012). He is a scholar of both constitutional law and civil procedure.
Henry Melvin Hart Jr. (1904–1969) was an American legal scholar. He was an influential member of the Harvard Law School faculty from 1932 until his death in 1969.
The Constitutional Accountability Center(CAC) is a non-profit think tank located in Washington,D.C.,that seeks to advance a progressive interpretation of the Constitution of the United States. The group has filed numerous lawsuits against former President Donald Trump.
An anticanon is a legal text that is now viewed as wrongly reasoned or decided. The term "anticanon" stands in distinction to the canon,which contains basic principles or rulings that almost all people support.