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Thomas Rex Lee
|Associate Chief Justice of the Utah Supreme Court|
July 19, 2010
|Appointed by||Gary Herbert|
|Preceded by||Michael Wilkins|
|Born||December 1964 (age 54)|
|Relations||Mike Lee (brother)|
|Parents|| Rex E. Lee |
|Education|| Brigham Young University (BA)|
University of Chicago (JD)
|Institutions|| Harvard Law School |
J. Reuben Clark Law School
Thomas Rex Lee (born December 1964) is the Associate Chief Justice of the Utah Supreme Court. Lee is also a lecturer on law at Harvard Law Schooland an adjunct professor/distinguished lecturer at Brigham Young University's (BYU) J. Reuben Clark Law School (JRCL) since his appointment to the bench.
The Utah Supreme Court is the supreme court of the state of Utah, United States. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor of Utah, with confirmation by the Utah Senate. The five justices vote among themselves for the position of chief justice and associate chief justice, who each serve a term of four years.
Harvard Law School is one of the professional graduate schools of Harvard University located in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States and one of the most prestigious in the world. It is ranked first in the world by the QS World University Rankings and the ARWU Shanghai Ranking.
Brigham Young University is a private research university located in Provo, Utah and owned by The Church of Jesus Christ of Latter-day Saints. The university is run under the auspices of its parent-organization, the Church Educational System (CES), and is classified among "Doctoral Universities: High Research Activity" with "more selective, lower transfer-in" admissions. The university's primary emphasis is on undergraduate education in 179 majors, but it also has 62 master's and 26 doctoral degree programs. The university also administers two satellite campuses, one in Jerusalem and one in Salt Lake City.
In his time on the court, Lee has been a prolific writer, authoring over a quarter of majority opinions on a five-member court, and frequently issuing concurring or dissenting opinions. Lee is a pioneer in law and corpus linguistics—the application of corpus linguistics to determine ordinary meaning in statutes—being the first American judge to do so in an opinion.
Law and corpus linguistics (LCL) is a new academic sub-discipline that uses large databases of examples of language usage equipped with tools designed by linguists called corpora to better get at the meaning of words and phrases in legal texts. Thus, LCL is the application of corpus linguistic tools, theories, and methodologies to issues of legal interpretation in much the same way law and economics is the application of economic tools, theories, and methodologies to various legal issues.
Corpus linguistics is the study of language as expressed in corpora (samples) of "real world" text. Corpus linguistics proposes that reliable language analysis is more feasible with corpora collected in the field in its natural context ("realia"), and with minimal experimental-interference.
Thomas Rex Lee was born in 1964 to parents Janet (née Griffin) and Rex E. Lee. He grew up in Arizona, Utah and Northern Virginia. His undergraduate studies took place at BYU, graduating summa cum laude in 1988 with a bachelor's degree in economics.Lee graduated from the University of Chicago Law School with high honors in 1991.
Rex Edwin Lee was an American lawyer, law clerk for former U.S. Supreme Court Justice Byron White, and the United States Solicitor General during the Reagan administration. He was responsible for bringing the Solicitor General in the center of policymaking. He argued 59 cases before the U.S. Supreme Court. A member of The Church of Jesus Christ of Latter-day Saints, Lee was an alumnus and the tenth president of Brigham Young University (BYU). Lee was also the founding Dean of the J. Reuben Clark Law School at BYU.
Arizona is a state in the southwestern region of the United States. It is also part of the Western and the Mountain states. It is the sixth largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona shares the Four Corners region with Utah, Colorado, and New Mexico; its other neighboring states are Nevada and California to the west and the Mexican states of Sonora and Baja California to the south and southwest.
Virginia, officially the Commonwealth of Virginia, is a state in the Southeastern and Mid-Atlantic regions of the United States located between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most populous city, and Fairfax County is the most populous political subdivision. The Commonwealth's estimated population as of 2018 is over 8.5 million.
After receiving his law degree, Lee served as law clerk to J. Harvie Wilkinson, III of the United States Court of Appeals for the Fourth Circuit (1991–92). He then joined the firm of Kimball, Parr, Waddoups, Brown & Gee as an associate in 1992, before clerking for Clarence Thomas, Associate Justice of the United States Supreme Court (1994–95). He became a shareholder at Kimball, Parr, Waddoups, Brown & Gee in 1995, a position he would hold until 1997 when he left the firm to join the faculty of BYU's JRCL. At the law school, Lee taught courses in Civil Procedure and Intellectual Property Law, and a seminar on the United States Supreme Court. He also served as Associate Dean (2008-2010) and was named the Rex and Maureen Rawlinson Professor of Law.Following his 2010 appointment to the bench Lee has remained a Distinguished Lecturer in Law at the JRCL.
A law clerk or a judicial clerk is an individual—generally an attorney—who provides direct assistance and counsel to a judge in making legal determinations and in writing opinions by researching issues before the court. Judicial clerks often play significant roles in the formation of case law through their influence upon judges' decisions. Judicial clerks should not be confused with legal clerks, court clerks, or courtroom deputies who only provide secretarial and administrative support to attorneys and/or judges.
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:
Clarence Thomas is an American judge, lawyer, and government official who currently serves as an Associate Justice of the Supreme Court of the United States. He is currently the most senior associate justice on the Court following the retirement of Anthony Kennedy. Thomas succeeded Thurgood Marshall and is the second African American to serve on the Court. Among the current members of the Court he is the longest-serving justice, with a tenure of 27 years, 339 days as of September 27, 2019.
During his years as a full-time law professor, Lee was also of counsel at Howard, Phillips, & Andersen, handling intellectual property litigation. He was counsel in multiple trademark infringement cases brought by or against automobile manufacturers such as General Motors and Ford Motor Company. He also developed a part-time appellant practice, arguing numerous cases in federal courts throughout the country and in the United States Supreme Court.
Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept. According to American Bar Association Formal Opinion 90-357, the term "of counsel" is used to describe a "close, personal, continuous, and regular relationship" between the firm and counsel lawyer. In large law firms, the title generally denotes a lawyer with the experience of a partner, but who does not carry the same workload or business development responsibility.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees. Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services.
General Motors Company, commonly referred to as General Motors (GM), is an American multinational corporation headquartered in Detroit that designs, manufactures, markets, and distributes vehicles and vehicle parts, and sells financial services, with global headquarters in Detroit's Renaissance Center. It was originally founded by William C. Durant on September 16, 1908 as a holding company. The company is the largest American automobile manufacturer, and one of the world's largest. As of 2018, General Motors is ranked #10 on the Fortune 500 rankings of the largest United States corporations by total revenue. GM is incorporated in Delaware.
Lee took leave of the JRCL from 2004 to 2005 to serve as Deputy Assistant Attorney General in the Civil Division of the United States Justice Department.While at the JRCL, from 2002 to 2004, Lee also served as the lead counsel in cases brought by the state of Utah in relation to plans to put nuclear waste on the Goshute Indian Reservation.
The Confederated Tribes of the Goshute Reservation is located in Juab County, Utah, Tooele County, Utah, and White Pine County, Nevada, United States. It is one of two federally recognized tribes of Goshute people, the other being the Skull Valley Band of Goshute Indians of Utah.
On May 28, 2010, Utah Governor Gary Herbert nominated Lee to fill the vacancy in the Utah Supreme Court left by the retirement of Michael J. Wilkins.Receiving a unanimous vote (5–0) from the Utah Senate Judicial Confirmation Committee in mid-June 2010, Lee was confirmed by the full Senate on June 23, 2010. Lee was sworn into office on July 19, 2010; his mentor, U.S. Supreme Court Justice Clarence Thomas, administered the oath.
A 2016 paper written by Jeremy Kidd of the Mercer University Walter F. George School of Law and others attempted to measure the "Scalia-ness" of various potential nominees to the Supreme Court to fill the seat left vacant by Antonin Scalia's death.The study created a "Scalia Index Score" combining the various measures of "Scalia-ness," and Lee scored highest. The study found that Lee was the most likely to endorse or engage in originalism in judicial opinions, was second most likely to cite Scalia's non-judicial writings in opinions, and the third most likely to write separately when not writing the majority opinion. The study was updated again in 2018, adding new variables and more names, and Lee again scored the highest.
In a 2016 article, John McGinnis, of the Northwestern University School of Law, argued that Lee was similar to Scalia in being "capable of pressing the intellectual case for following the Constitution as written" because of Lee "has pioneered the application of corpus linguistics to law," and further wrote that if elevated to the U.S. Supreme Court, "Lee would create a transmission belt from the best work of originalists in the academy to the Supreme Court."
Hannah Clayson Smith, writing in the National Review , praised Lee as a possible successor to Scalia because of Lee's similar jurisprudential style to the late Justice, but noted that with respect to Lee's views on judicial precedent, "Justice Lee is more like Justice Thomas than like Justice Scalia." Smith noted that Lee (like Thomas) has repeatedly advocated for overruling precedent that he views as "contrary to the original meaning of the Utah constitution," even if precedent takes a different approach.
Lee is a prolific judicial writer. An empirical study of Utah Supreme Court opinions by political scientist Adam Brown found that in the approximately first three years on the court, Lee authored more opinions than any other justice over the 16-year period studied, writing some form of opinion (whether majority, dissenting, or concurring) in 43% of the opinions published while he was a justice.
"Whereas some justices release a concurring or dissenting opinion in only a handful of cases that they hear," Lee is a prolific writer of such opinions, releasing them in around 16% of the Court's opinions.Of the ten Utah Supreme justices who served on the court from 1997 to 2012, Lee has the second-highest rate of dissent, filing dissenting opinions in 10% of cases over this time period. (The justice with the highest dissent rate was I. Daniel Stewart, who dissented 11% of the time). Lee also authored the highest proportion of majority opinions of the court (27%); Brown wrote that "[g]iven that Lee dissents relatively frequently, it is remarkable that he is also the most common author of majority opinions. His willingness to dissent has apparently not alienated his colleagues."
|Data-Driven Originalism||University of Pennsylvania Law Review (forthcoming) |
Yale Law Journal, Vol. 127, pp. 788-1105, 2018
Yale Law Journal Forum, Vol. 126, pp. 21–32, 2016
|Trademarks, Consumer Psychology, and the Sophisticated Consumer||Emory Law Journal, Vol. 57, pp. 575-650, 2008|
|Demystifying Dilution||Boston University Law Review, Vol. 84, pp. 859–944, 2004|
|The Original Understanding of the Census Clause: Statistical Estimates and the Constitutional Requirement of an 'Actual Enumeration'||Washington Law Review, Vol. 77, pp. 1–64, 2002|
|Preliminary Injunctions and the Status Quo||Washington & Lee Law Review, Vol. 58, pp. 109–166, 2001|
|The Anastasoff Case and the Judicial Power to "Unpublish" Opinions||Notre Dame Law Review, Vol. 77, pp. 135–173, 2001|
|In Rem Jurisdiction in Cyberspace||75 Wash. L. Rev 97 (2000)|
|Stare Decisis in Historical Perspective: From the Founding Era to the Rehnquist Court||Vanderbilt Law Review, Vol. 52, pp. 647–735, 1999|
|Pleading and Proof: The Economics of Legal Burdens||Brigham Young University Law Review, Vol. 1997, pp. 1–34, 1997|
|Comment: The Standing of Qui Tam Relators Under the False Claims Act||University of Chicago Law Review, Vol. 57, pp. 543–571, 1990|
Lee and his wife, Kimberly, have six children. His brother, Mike Lee, is a U.S. Senator representing the state of Utah.He is the son Rex E. Lee, a former Solicitor General of the United States and the 10th president of BYU.
Bush v. Gore, 531 U.S. 98 (2000), was a decision of the United States Supreme Court that settled a recount dispute in Florida's 2000 presidential election. The ruling was issued on December 12, 2000. On December 9, the Court had preliminarily halted the Florida recount that was occurring. Eight days earlier, the Court unanimously decided the closely related case of Bush v. Palm Beach County Canvassing Board. The Electoral College was scheduled to meet on December 18, 2000, to decide the election.
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.
Antonin Gregory Scalia was an American lawyer, jurist, government official, and academic who served as an Associate Justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018.
Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
McConnell v. Federal Election Commission, 540 U.S. 93 (2003), is a case in which the United States Supreme Court upheld the constitutionality of most of the Bipartisan Campaign Reform Act (BCRA), often referred to as the McCain–Feingold Act.
Everson v. Board of Education, 330 U.S. 1 (1947), was a landmark decision of the United States Supreme Court which applied the Establishment Clause in the country's Bill of Rights to State law. Prior to this decision, the First Amendment's words, "Congress shall make no law respecting an establishment of religion" imposed limits only on the federal government, while many states continued to grant certain religious denominations legislative or effective privileges. This was the first Supreme Court case incorporating the Establishment Clause of the First Amendment as binding upon the states through the Due Process Clause of the Fourteenth Amendment. The decision in Everson marked a turning point in the interpretation and application of disestablishment law in the modern era.
The J. Reuben Clark Law School is a professional school for the study of law in the western United States, located at Brigham Young University (BYU) in Provo, Utah. Founded 46 years ago in 1973, the school is named after J. Reuben Clark, a former U.S. Ambassador, Undersecretary of State, and general authority of the institution's sponsoring organization, The Church of Jesus Christ of Latter-day Saints.
A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Supreme Court of the United States are governed by the U.S. Constitution, various federal statutes, and the Court's own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices. Justices are nominated by the president, and with the advice and consent (confirmation) of the U.S. Senate, appointed to the Court by the president. Once appointed, justices have lifetime tenure unless they resign, retire, or are removed from office.
Kevin J Worthen is the 13th and current president of Brigham Young University (BYU). He also serves as an area seventy in The Church of Jesus Christ of Latter-day Saints. Worthen served previously at BYU as the Advancement Vice President and as dean of the J. Reuben Clark Law School (JRCL).
Paul George Cassell is a former United States District Judge of the United States District Court for the District of Utah, who is currently the Ronald N. Boyce Presidential Professor of Criminal Law and University Distinguished Professor of Law at the S.J. Quinney College of Law at the University of Utah. He is best known as an expert in, and proponent of, victims' rights.
Anthony McLeod Kennedy is an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions.
Arizona Christian School Tuition Organization v. Winn, 563 U.S. 125 (2011), is a decision by the Supreme Court of the United States involving taxpayer standing under Article Three of the United States Constitution.
Leal Garcia v. Texas, 564 U.S. 940 (2011), was a ruling in which the Supreme Court of the United States denied Humberto Leal García's application for stay of execution and application for writ of habeas corpus. Leal was subsequently executed by lethal injection. The central issue was not Leal's guilt, but rather that he was not notified of his right to call his consulate as required by international law. The Court did not stay the execution because Congress had never enacted legislation regarding this provision of international law. The ruling attracted a great deal of commentary and Leal's case was supported by attorneys specializing in international law and several former United States diplomats.
County of Riverside v. McLaughin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant be brought into court to determine if there is probable cause for holding the suspect in custody. The majority held that suspects must generally be granted a probable cause determination within 48 hours of arrest. The dissent believed that probable cause hearings should generally be provided much sooner, as soon as the police complete the administrative steps incident to arrest.
Maples v. Thomas, 565 U.S. 266 (2012), is a United States Supreme Court ruling in which the Court ruled 7–2 that Cory R. Maples, who had been convicted of murdering two people and faced a possible death sentence, should get another opportunity in court because his lawyers at Sullivan & Cromwell had abandoned him.
Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is entitled to relief if the outcome of the plea process would have been different with competent advice. In such cases, the Court ruled that the Sixth Amendment requires the trial judge to exercise discretion to determine an appropriate remedy.
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|Associate Justice of the Utah Supreme Court |