Paul Bender (jurist)
Paul Bender | |
---|---|
Chief Justice, Supreme Court of the Fort McDowell Yavapai Nation | |
Assumed office 1998 | |
Principal Deputy Solicitor General of the United States | |
In office January 1993 – November 13, 1997 | |
Appointed by | Drew S. Days III |
President | Bill Clinton |
Preceded by | John Roberts |
Succeeded by | Seth P. Waxman |
Personal details | |
Born | 1933 (age 90–91) Brooklyn, New York, U.S. |
Education | Harvard University (BA, JD) |
Paul Bender is an American legal scholar and former dean of the Arizona State University college of law. He was formerly a professor at the University of Pennsylvania Law School. Over his career Bender has argued more than 20 cases before the United States Supreme Court. He is often cited as an expert in constitutional law.[1][2][3]
Education
[edit]Bender attended James Madison High School in Brooklyn, New York, where he was a high school classmate with future Supreme Court Justice Ruth Bader Ginsburg.[4] Bender received both his bachelors and J.D. degrees from Harvard University. After law school Bender clerked for Judge Learned Hand of the United States Court of Appeals for the Second Circuit, then for Justice Felix Frankfurter of the U.S. Supreme Court during the 1959 Term.
Legal career
[edit]After his clerkships Bender was a professor at the University of Pennsylvania Law School before becoming dean of the Arizona State University college of law in 1984. In 1965 Bender served as Assistant to U.S. Solicitors General Archibald Cox where he defended the United States in Brenner v. Manson. He later worked as General Counsel to the President's Commission on Obscenity and Pornography from 1968 until 1970. Bender served as dean of the ASU law school until 1989. In 1993, during the Bill Clinton administration, Bender was appointed Deputy Solicitor General by Drew Days. Bender continues to teach courses in constitutional law at ASU.
Bender has been the Chief Judge of the court of appeals of the San Carlos Apache Tribe since 2005, and Chief Justice of the Supreme Court of the Fort McDowell Yavapai Nation since 1998.
While Deputy Solicitor General, Bender argued several notable cases, including:
- Farmer v. Brennan (1994), in which the Court held that "deliberate indifference" to a substantial risk of serious harm to an inmate is cruel and unusual punishment.[5]
- United States v. National Treasury Employees Union (1995), in which the Court held that section 501(b) of the Ethics in Government Act of 1978 violates the First Amendment.[6]
- United States v. Virginia (1996), in which the Supreme Court struck down the Virginia Military Institute (VMI)'s long-standing male-only admission policy.[7]
- United States v. Winstar Corp. (1996), in which the Court held that waivers of sovereign power generally must be surrendered in unmistakable terms.[8]
- Bush v. Vera (1996), in which the court struck down districts in Texas for racial gerrymandering.[9]
Other notable case Bender has argued before the Court include:
- Arizona Christian School Tuition Organization v. Winn, representing the respondent Winn.[1]
- Stewart v. Martinez-Villareal.
Bender was a vocal opponent of Miguel Estrada, who worked under Bender at the Solicitor General's office, when Estrada was nominated to the D.C. Circuit Court of Appeals[10][11][12]
Arizona redistricting commission
[edit]Bender was part of the team that drafted Arizona's Proposition 106, which created the Arizona Independent Redistricting Commission in 2000.[13] Bender subsequently sought one of the five seats on the commission.[14][15] His nomination was opposed by Republicans in the state legislature[16] and was the subject of an Arizona Supreme Court case: Adams v. Commission on Appellate Court Appointment.[17] The court held that members of tribal courts are not "public officials" for the purpose of the redistricting commission.[18]
Publications
[edit]- Copyright and First Amendment After Eldred v. Ashcroft, 30 Colum J. L. & Arts 349 (2006)(SSRN).
- Foreword, the School Tax Credit Case - a Study in Constitutional Misinterpretation, 32 Ariz. St. L. J. 1 (2000).
- 1990 Arizona Repatriation Legislation, 24 Ariz. St. L.J. 391 (1992)(SSRN).
- Paul Bender (co-author). Political and Civil Rights in the United States (Orig. 1979; 4th Supp. 1982). Boston, Mass.: Little, Brown. ISBN 0316236276, ISBN 9780316236270.
See also
[edit]References
[edit]- ^ a b "A Crack in the Wall". The New York Times. November 5, 2010.
- ^ "Supreme Court Review - Arizona PBS". Azpbs.org. Retrieved January 23, 2017.[permanent dead link ]
- ^ Grado, Gary (January 20, 2017). "Paul Bender: A constitutional authority still learns from his students". Azcapitoltimes.com. Retrieved January 23, 2017.
- ^ Greenhouse, Linda (October 5, 1993). "Supreme Court Roundup; Opening Term, Court Will Ponder Sign on a Home". The New York Times.
- ^ "Farmer V. Brennan | Findlaw". Caselaw.lp.findlaw.com. Retrieved January 23, 2017.
- ^ "513 U.S. 454 (1995) : United States et al. v. National Treasury Employees Union et al" (PDF). Loc.heinonline.org. Retrieved January 23, 2017.[permanent dead link ]
- ^ "United States v. Virginia (full text) :: 518 U.S. 515 (1996) :: Justia U.S. Supreme Court Center". Supreme.justia.com. Retrieved January 23, 2017.
- ^ "United States v. Winstar Corp. (full text) :: 518 U.S. 839 (1996) :: Justia U.S. Supreme Court Center". Supreme.justia.com. Retrieved January 23, 2017.
- ^ "Bush v. Vera (full text) :: 517 U.S. 952 (1996) :: Justia U.S. Supreme Court Center". Supreme.justia.com. Retrieved January 23, 2017.
- ^ "An Unacceptable Nominee". The New York Times. January 29, 2003. Retrieved January 23, 2017.
- ^ "What a difference an election makes". National Review. January 31, 2003. Retrieved January 23, 2017.
- ^ Greenberger, Robert S. (March 7, 2003). "Estrada's Nomination Sparks Fierce Partisan Row Over Race". Wall Street Journal.
- ^ Levy, Gabrielle (June 29, 2015). "Supreme Court Upholds Arizona's Independent Redistricting Panel". U.S. News & World Report. Retrieved January 24, 2017.
'The people of the country are saying, 'Hey, we don't want legislators drawing their own districts,' Bender says. 'We don't want them gerrymandering the state in order to increase the political power of the people who happen to be in the majority. That's not democracy.'
- ^ "Application (Including Attachments) For Independent Redistricting Commission : Paul Bender" (PDF). Sonoranalliance.com. Retrieved January 23, 2017.
- ^ Christopher Cook (December 8, 2010). "Is Paul Bender Really 'Independent?'". Western Free Press. Archived from the original on February 2, 2017. Retrieved January 23, 2017.
- ^ Lemons, Stephen (December 28, 2010). "Russell Pearce Wants To Rig Redistricting (Surprise, Surprise)". Phoenixnewtimes.com. Retrieved January 23, 2017.
- ^ Adams v. Commission on Appellate Court Appointment III, No. CV–10–0405–SA (Ariz. July 8, 2011). Retrieved September 12, 2017.
- ^ "Arizona court urged to decide redistricting issue". Arizona Capitol Times. Retrieved January 23, 2017.
External links
[edit]- ASU Profile
- Law Office Profile Archived March 13, 2017, at the Wayback Machine
- Appearances at U.S. Supreme Court, Oyez.com
- Appearances on C-SPAN
- 1933 births
- 20th-century American lawyers
- 21st-century American judges
- American legal scholars
- Arizona State University faculty
- Copyright scholars
- Harvard Law School alumni
- James Madison High School (Brooklyn) alumni
- Law clerks of Judge Learned Hand
- Law clerks of the Supreme Court of the United States
- Lawyers from Brooklyn
- American scholars of constitutional law
- United States Department of Justice lawyers
- University of Pennsylvania Law School faculty
- Living people