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Encyclopedia > Laurence Tribe

Laurence Henry Tribe (born October 10, 1941) is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor. He also serves as a consultant for the law firm of Akin Gump Strauss Hauer & Feld. October 10 is the 283rd day of the year (284th in leap years). ... For the movie, see 1941 (film). ... Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... Akin Gump Strauss Hauer & Feld, founded in 1945, is one of the worlds largest law firms. ...


Tribe is generally recognized as one of the foremost constitutional law experts and Supreme Court practitioners in the United States. He is the author of American Constitutional Law (1978), the most frequently cited treatise in that field, and has argued before the U.S. Supreme Court 36 times. [1] The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...

Contents

Education

Tribe attended Abraham Lincoln High School in San Francisco, California. He holds an A.B. in Mathematics, summa cum laude from Harvard College (1962), and a J.D., magna cum laude from Harvard Law School (1966). Tribe was a champion policy debater at Harvard, and later a college coach and high school summer institute teacher. He invented the modern "flow" system of recording arguments which increases the rate of speaking speed in the activity by dividing each speech into a separate column thereby making it easy for speakers to respond to their opponent's arguments. Abraham Lincoln High School is a California Distinguished and fully accredited comprehensive public high school located in the Sunset District of San Francisco, California. ... Nickname: The City by the Bay; Fog City; The City; Baghdad by the Bay Location of the City and County of San Francisco, California Coordinates: Country United States of America State California City-County San Francisco Government  - Mayor Gavin Newsom Area  - City  47 sq mi (122 km²)  - Land  46. ... Euclid, Greek mathematician, 3rd century BC, as imagined by by Raphael in this detail from The School of Athens. ... Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. ... Harvard Yard Harvard College is the undergraduate section and oldest school of Harvard University, having been founded in 1636. ... J.D. redirects here; for alternate uses, see J.D. (disambiguation) J.D. is an abbreviation for the Latin Juris Doctor, also called a Doctor of Law or Doctorate of Jurisprudence, and is the law degree typically awarded by an accredited U.S. law school after successfully completing three years... Latin honors are Latin phrases used to indicate the level of academic distinction with which an academic degree was earned. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ... Policy debate is a form of speech competition in which teams of two debate whether or not a specific policy action should be enacted. ...


Career

Tribe served as a law clerk to Matthew Tobriner on the California Supreme Court from 1966-67, and as a law clerk to Potter Stewart of the U.S. Supreme Court from 1967-68. He joined the Harvard Law School faculty as an assistant professor in 1968, receiving tenure in 1972. In the United States and Canada, a law clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. ... Law clerks have assisted Supreme Court Justices in various capacities since the first one was hired by Justice Horace Gray in the 1880s. ... Potter Stewart (January 23, 1915 – December 7, 1985) was an Associate Justice of the United States Supreme Court. ...


In addition to his stature as a scholar, Tribe is noted for his extensive support of liberal legal causes. He has argued many high-profile cases, including one for Al Gore during the disputed U.S. presidential election, 2000. The U.S. Supreme Court ruled against Tribe's client in Bowers v. Hardwick in 1986, holding that a Georgia state law criminalizing sodomy, as applied to consensual acts between persons of the same sex, did not violate fundamental liberties under the principle of substantive due process. However, he was vindicated in 2003, when the Supreme Court overruled Bowers in Lawrence v. Texas. He wrote the ACLU's amicus brief supporting Lawrence, who was represented by Lambda Legal. American liberalism—that is, liberalism in the United States of America—is a broad political and philosophical mindset, favoring individual liberty, and opposing restrictions on liberty, whether they come from established religion, from government regulation, from the existing class structure, or from multi-national corporations. ... Albert Arnold Gore, Jr. ... Presidential electoral votes by state. ... Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ... 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... François Elluin, Sodomites provoking the wrath of God, from Le pot pourri de Loth (1781). ... In United States law, adopted from British law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... Holding A Texas law prohibiting homosexual sodomy violated the privacy and liberty of adults, under the Due Process Clause of the Fourteenth Amendment, to engage in private intimate conduct. ... Amicus is Britains second largest trade union, formed by the merger of MSF (Manufacturing Science and Finance) and the AEEU (Amalgamated Engineering and Electrical Union) agreed in 2001. ... Lambda Legal (formerly Lambda Legal Defense and Education Fund), formed in 1973, is an American non-governmental organization devoted to promoting the legal rights of gay men and lesbians, bisexuals, the transgendered, and people with HIV or AIDS, through impact litigation, education, and public policy work. ...


Tribe was considered a potential Supreme Court nominee until he testified against Robert Bork, making lasting enemies in the U.S. Senate (although he supported Anthony Kennedy who was eventually appointed in Bork's place). His protege, Kathleen Sullivan, is now thought of by many as a potential Court nominee if a Democrat takes the White House. Tribe continues to strongly support liberal political causes. He is one of the co-founders of the liberal American Constitution Society, the law and policy organization formed to counter the conservative and libertarian Federalist Society. Robert Bork Robert Heron Bork (born March 1, 1927 in Pittsburgh, Pennsylvania) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... This page is about the Associate Justice of the Supreme Court. ... Kathleen M. Sullivan (born August 20, 1955), scholar in constitutional law, is a professor at Stanford Law School and currently practices law at Quinn Emanuel Urquart Oliver & Hedges, LLP, a California law firm. ... The American Constitution Society for Law and Policy is an organization to promote a progressive understanding of the United States Constitution. ... The Federalist Society logo, depicting James Madisons silhouette The Federalist Society for Law and Public Policy Studies, most frequently called simply the Federalist Society, began at Yale Law School, Harvard Law School, and the University of Chicago Law School in 1982 as a student organization that challenged the perceived...


Critics

The October 4, 2004 issue of the Weekly Standard, a conservative political magazine, reported that a passage in Tribe's 1985 work, "God Save This Honorable Court," is identical to a passage in "Justices and Presidents", a 1974 book by Henry J. Abraham, a University of Virginia political scientist [2] [3]. October 4 is the 277th day of the year (278th in leap years) in the Gregorian calendar. ... 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... The Weekly Standard is an American Conservative political magazine published 48 times per year. ... The University of Virginia (also called U.Va. ...


On April 13, 2005, Harvard's President Lawrence Summers and Harvard Law School Dean Elena Kagan released a statement that Tribe's admitted failure to provide appropriate attribution was a "significant lapse in proper academic practice," but that they regarded the error as "the product of inadvertence rather than intentionality." Lawrence Henry (Larry) Summers (born November 30, 1954) is an American economist and academic. ... Elena Kagan is the dean of Harvard Law School and the Charles Hamilton Houston Professor of Law and has recently been announced as the next President of Harvard University. ...


Critics believe Tribe is at least partially responsible for politicizing judicial nominations. In the 1980s, Tribe pushed liberal Senators to oppose the nomination of Judge Bork for the Supreme Court. Since Bork's nomination, the Supreme Court nominations have become more political.


Many Tribe defenders -- including his friend and Harvard Law colleague Alan Dershowitz -- accuse conservative detractors of having a vendetta against Tribe because his book "God Save This Honorable Court" is believed by some to have corralled the U.S. Senate into action and may have frustrated some of the judicial appointments of Ronald Reagan, including the appointment of Robert Bork, to the Supreme Court. One often heard quip among conservatives is that "God Save This Honorable Court" should have been titled "God Save This Honorable Court From Ronald Reagan." Alan Morton Dershowitz (born September 1, 1938) is an American lawyer and law professor. ... The United States Senate is the upper house of the U.S. Congress, smaller than the United States House of Representatives. ... Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was the 40th President of the United States (1981–1989) and the 33rd Governor of California (1967–1975). ... Robert Bork Robert Heron Bork (born March 1, 1927 in Pittsburgh, Pennsylvania) is a conservative American legal scholar who advocates the judicial philosophy of originalism. ...

Cases

A complete list of the 34 cases Tribe has argued in the U.S. Supreme Court as of the end of 2005 is as follows:

  1. Richmond Newspapers v. Virginia, 448 U.S. 555 (1981) (win)
  2. Heffron v. International Society for Krisha, 452 U.S. 640 (1981) /loss/
  3. Crawford v. Board of Education, 458 U.S. 527 /loss/
  4. Larkin v. Grendel’s Den, 459 U.S. 116 (1982) (win)
  5. White v. Massachusetts Council, 460 U.S. 204 (1983) (win)
  6. Pacific Gas & Electric v. California, 461 U.S. 190 (1983) (win)
  7. Hawaii Housing Auth. v. Midkiff, 467 U.S. 229 (1984) (win)
  8. Northeast Bancorp v. Fed. Reserve, 472 U.S. 159 (1985) (win)
  9. Board of Education v. National Gay Task Force, 470 U.S. 159 (1985) (win)
  10. Fisher v. City of Berkeley, 475 U.S. 260 (1986) (win)
  11. Bowers v. Hardwick, 478 U.S. 186 (1986) /loss/
  12. Pennzoil v. Texaco, 481 U.S. 1 (1986) (win)
  13. Schweiker v. Chilicky, 487 U.S. 412 (1988) /loss/
  14. Granfinanciera v. Nordberg, 492 U.S. 33 (1989) /loss/
  15. Sable Communications v. FCC, 492 U.S. 115 (1989) [draw]
  16. Adams Fruit v. Barrett, 494 U.S. 638 (1990) (win)
  17. Rust v. Sullivan, 500 U.S. 173 (1991) /loss/
  18. Cipollone v. Liggett, 505 U.S. 504 (1992) (win)
  19. TXO v. Alliance Resources, 509 U.S. 443 (1993) (win)
  20. Honda Motor Co. v. Oberg, 512 U.S. 415 (1994) /loss/
  21. U.S. v. Chesapeake & Potomac Telephone, 516 U.S. 415 (1996) [draw]
  22. Timmons v. Twin Cities Area New Party, 520 U.S. 351 (1997) /loss/
  23. Vacco v. Quill, 521 U.S. 793 (1997) /loss/
  24. Amchem Products v. Windsor, 521 U.S. 591 (1997) (win)
  25. Baker v. General Motors, 522 U.S. 222 (1998) (win)
  26. AT&T v. Iowa Utilities Board, 525 U.S. 366 (1999) /loss/
  27. Ortiz v. Fibreboard, 527 U.S. 815 (1999) (win)
  28. Bush v. Gore I, 531 U.S. 70 (2000) /loss/
  29. New York Times Co. v. Tasini, 533 U.S. 438 (2001) /loss/
  30. U.S. v. United Foods, 533 U.S. 405 (2001) (win)
  31. FCC v. NextWave, 537 U.S. 293 (2002) (win)
  32. State Farm v. Campbell, 538 U.S. 408 (2003) /loss/
  33. Nike v. Kasky, 539 U.S. 654 (2003) /loss/
  34. Johanns v. Livestock Marketing Association, 000 U.S. 03-1164 (2005) /loss/

Tribe has argued 26 cases in the U.S. Circuit Courts of Appeals: Holding A Georgia law prohibiting sodomy was valid because there was no constitutionally protected right to engage in homosexual sodomy. ... Schweiker v. ... ... Holding In the circumstances of this case, any manual recount of votes seeking to meet the December 12 “safe harbor” deadline would be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. ... New York Times Co. ...

  1. Worldwide Church of God v. California, 623 F.2d 613 (9th Cir. 1980) /loss/
  2. Grendel's Den v. Goodwin, 662 F.2d 102 (1st Cir. 1981) (win)
  3. Pacific Legal Foundation v. State Energy Resources, 659 F.2d 903 (9th Cir. 1981) (win)
  4. U.S. v. Sun Myung Moon, 718 F.2d 1210 (2d Cir. 1983) /loss/
  5. Romany v. Colegio de Abogados, 742 F.2d 32 (1st Cir. 1984) (win)
  6. Westmoreland v. CBS, 752 F.2d 16 (2d Cir. 1984) /loss/
  7. Colombrito v. Kelly, 764 F.2d 122 (2d Cir. 1985) (win)
  8. Texaco v. Pennzoil, 784 F.2d 1133 (2d Cir. 1986) /loss/
  9. U.S. v. Bank of New England, 821 F.2d 844 (1st Cir. 1987) /loss/
  10. U.S. v. Gallo, 859 F.2d 1078 (2d Cir. 1988) /loss/
  11. U.S. v. GAF Corporation, 884 F.2d 670 (2d Cir. 1989) /loss/
  12. U.S. v. Western Electric Company, 900 F.2d 283 (D.C. Cir. 1999) (win)
  13. Fineman v. Armstrong World Industries, 980 F.2d 171 (D.C. Cir. 1992) [draw]
  14. U.S. v. Western Electric Company, 993 F.2d 1572 (D.C. Cir. 1993) (win)
  15. Lightning Lube v. Witco Corporation, 4 F.3d 1153 (3d Cir. 1993) [draw]
  16. Hopkins v. Dow Corning Corporation, 33 F.3d 1116 (9th Cir. 1994) (win)
  17. Chesapeake and Potomac Telephone v. U.S., 42 F.3d 181 (4th Cir. 1994) (win)
  18. Georgine v. Amchem Products, Inc., 83 F.3d 610 (3d Cir. 1996) (win)
  19. BellSouth Corp. v. F.C.C., 144 F.3d 58 (D.C. Cir. 1998) /loss/
  20. SBC Communications v. F.C.C., 154 F.3d 226 (5th Cir. 1998) /loss/
  21. City of Dallas v. F.C.C., F.3d 341 (5th Cir. 1999) [draw]
  22. U.S. West v. Tristani, 182 F.3d 1202PDF (87.5 KiB) (10th Cir. 1999) /loss/
  23. U.S. West v. F.C.C., 182 F.3d 1224PDF (218 KiB) (10th Cir. 1999) (win)
  24. Southwest Voter Registration v. Shelley, 344 F.3d 914PDF (23.0 KiB) (9th Cir. 2003) /loss/
  25. Pacific Gas and Elec. v. California, 350 F.3d 932PDF (144 KiB) (9th Cir. 2003) /loss/
  26. General Electric v. E.P.A., 360 F.3d 188PDF (49.8 KiB) (D.C. Cir. 2004) (win)

Sun Myung Moon in 2005. ... Portable Document Format (PDF), sometimes mistaken for Printable Document Format, is an open file format created by Adobe Systems in 1993 and is now being prepared for submission as an ISO standard[1]. It is used for representing two-dimensional documents in a device independent and resolution independent fixed-layout... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF), sometimes mistaken for Printable Document Format, is an open file format created by Adobe Systems in 1993 and is now being prepared for submission as an ISO standard[1]. It is used for representing two-dimensional documents in a device independent and resolution independent fixed-layout... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF), sometimes mistaken for Printable Document Format, is an open file format created by Adobe Systems in 1993 and is now being prepared for submission as an ISO standard[1]. It is used for representing two-dimensional documents in a device independent and resolution independent fixed-layout... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF), sometimes mistaken for Printable Document Format, is an open file format created by Adobe Systems in 1993 and is now being prepared for submission as an ISO standard[1]. It is used for representing two-dimensional documents in a device independent and resolution independent fixed-layout... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to... Portable Document Format (PDF), sometimes mistaken for Printable Document Format, is an open file format created by Adobe Systems in 1993 and is now being prepared for submission as an ISO standard[1]. It is used for representing two-dimensional documents in a device independent and resolution independent fixed-layout... A kibibyte (a contraction of kilo binary byte) is a unit of information or computer storage, commonly abbreviated KiB (never kiB). 1 kibibyte = 210 bytes = 1,024 bytes The kibibyte is closely related to the kilobyte, which can be used either as a synonym for kibibyte or to refer to...

Books

  • American Constitutional Law (treatise) (1978, 1979, 1988, and 2000)
  • On Reading the Constitution (1991) (co-author with Michael Dorf)
  • Abortion: The Clash of Absolutes (1990)
  • Constitutional Choices (1985)
  • God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History (1985)
  • The Supreme Court: Trends and Developments (1979, 1980, 1982, 1983)
  • When Values Conflict: Essays on Environmental Analysis, Discourse, and Decision (1976) (ed.)
  • The American Presidency: Its Constitutional Structure (1974)
  • Channeling Technology Through Law (1973)
  • Environmental Protection (1971) (co-author with Louis Jaffe)
  • Technology: Processes of Assessment and Choice (1969)

Notes

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