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词条 Paul Bender (jurist)
释义

  1. Education

  2. Legal career

  3. Arizona redistricting commission

  4. Publications

  5. References

  6. External links

{{Other people|Paul Bender|Paul Bender (disambiguation){{!}}Paul Bender}}{{Infobox officeholder
|name = Paul Bender
|image = Hurwitz Bender Kyle.png
|imagesize =
|caption = Paul Bender (left), Jon Kyl (center) and Andrew D. Hurwitz (right) speaking at Arizona State University
|office = Chief Justice, Supreme Court of the Fort McDowell Yavapai Nation
|appointer =
|term_start = 1998
|term_end =
|office3 = Principal Deputy Solicitor General of the United States
|appointer3 = Drew S. Days, III
|term_start3 = 1993
|term_end3 = 1996
|predecessor3 = John G. Roberts
|successor3 = Seth Waxman
|birth_date = 1933
|birth_place = Brooklyn, New York.
|alma_mater = Harvard University {{small|(A.B., J.D.)}}
|residence =
|party =
|profession =
|religion =
}}Paul Bender, is an American attorney, author, judge and former dean of the Arizona State University college of law. Over his career Bender has argued more than twenty cases before the United States Supreme Court. He is often cited as an expert in constitutional law.[1][2][3]

Education

Bender attended James Madison High School where he was a classmate with future Justice Ruth Bader Ginsburg.[4] Bender received both his bachelors and law degree from Harvard University. After law school Bender clerked for Judge Learned Hand of the United States Court of Appeals for the Second Circuit and Justice Felix Frankfurter of the U.S. Supreme Court during the 1959 Term.

Legal career

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, notable cases Bender argued include:

  • 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

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

  • Copyright and First Amendment After Eldred v. Ashcroft, 30 Colum J. L. & Arts 349 (2006)([https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=1411923 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)([https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=1425200 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}}.

References

1. ^1 {{cite news|url=https://www.nytimes.com/2010/11/05/opinion/05fri1.html|title=A Crack in the Wall|date=5 November 2010|work=The New York Times}}
2. ^{{cite web|url=http://www.azpbs.org/arizonahorizon/play.php?vidId=9043|title=Supreme Court Review - Arizona PBS|website=Azpbs.org|accessdate=2017-01-23}}
3. ^{{cite web|url=http://azcapitoltimes.com/news/2017/01/20/paul-bender-a-constitutional-authority-still-learns-from-his-students/|title=Paul Bender: A constitutional authority still learns from his students|first=Gary|last=Grado|website=Azcapitoltimes.com|date=January 20, 2017|accessdate=2017-01-23}}
4. ^https://www.nytimes.com/1993/10/05/us/supreme-court-roundup-opening-term-court-will-ponder-sign-on-a-home.html
5. ^{{cite web|url=http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=511&invol=825 |title=Farmer V. Brennan | Findlaw |website=Caselaw.lp.findlaw.com |date= |accessdate=2017-01-23}}
6. ^{{cite web|url=http://loc.heinonline.org/loc/Page?collection=journals&handle=hein.usreports/usrep513&type=Image&id=640#640 |format=PDF |title=513 U.S. 454 (1995) : United States et al. v. National Treasury Employees Union et al. |website=Loc.heinonline.org |accessdate=2017-01-23}}
7. ^{{cite web|url=https://supreme.justia.com/cases/federal/us/518/515/case.html |title=United States v. Virginia (full text) :: 518 U.S. 515 (1996) :: Justia U.S. Supreme Court Center |website=Supreme.justia.com |date= |accessdate=2017-01-23}}
8. ^{{cite web|url=https://supreme.justia.com/cases/federal/us/518/839/case.html |title=United States v. Winstar Corp. (full text) :: 518 U.S. 839 (1996) :: Justia U.S. Supreme Court Center |website=Supreme.justia.com |date= |accessdate=2017-01-23}}
9. ^{{cite web|url=https://supreme.justia.com/cases/federal/us/517/952/case.html |title=Bush v. Vera (full text) :: 517 U.S. 952 (1996) :: Justia U.S. Supreme Court Center |website=Supreme.justia.com |date= |accessdate=2017-01-23}}
10. ^{{cite news|url=https://www.nytimes.com/2003/01/29/opinion/an-unacceptable-nominee.html |title=An Unacceptable Nominee |newspaper=The New York Times |date=2003-01-29 |accessdate=2017-01-23}}
11. ^{{cite web|url=http://www.nationalreview.com/article/205740/estrada-wins-byron-york |title=What a difference an election makes. |publisher=National Review |date=2003-01-31 |accessdate=2017-01-23}}
12. ^{{cite news|url=https://www.wsj.com/articles/SB1046992599295888120|title=Estrada's Nomination Sparks Fierce Partisan Row Over Race|first=Robert S.|last=Greenberger|date=7 March 2003|newspaper=Wall Street Journal}}
13. ^{{cite news|last1=Levy|first1=Gabrielle|title=Supreme Court Upholds Arizona's Independent Redistricting Panel|url=https://www.usnews.com/news/articles/2015/06/29/supreme-court-upholds-arizonas-independent-redistricting-panel|accessdate=January 24, 2017|work=US News and World Report|date=June 29, 2015|quote='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.'}}
14. ^{{cite web|url=http://sonoranalliance.com/wp-content/uploads/2011/11/Paul-Bender.pdf |format=PDF |title=Application (Including Attachments) For Independent Redistricting Commission : Paul Bender |website=Sonoranalliance.com |accessdate=2017-01-23}}
15. ^{{cite news|author=Christopher Cook |url=http://www.westernfreepress.com/2010/12/08/is-paul-bender-really-independent/ |title=Is Paul Bender Really 'Independent?' |newspaper=Western Free Press |date=December 8, 2010|accessdate=2017-01-23}}
16. ^{{cite web|url=http://www.phoenixnewtimes.com/blogs/russell-pearce-wants-to-rig-redistricting-surprise-surprise-6498897|title=Russell Pearce Wants To Rig Redistricting (Surprise, Surprise)|first=Stephen|last=Lemons|date=28 December 2010|website=Phoenixnewtimes.com|accessdate=2017-01-23}}
17. ^[https://caselaw.findlaw.com/az-supreme-court/1574045.html Adams v. Commission on Appellate Court Appointment III], No. CV–10–0405–SA (Ariz. July 8, 2011). Retrieved September 12, 2017.
18. ^{{cite news|url=http://azcapitoltimes.com/news/2011/01/18/arizona-court-urged-to-decide-redistricting-issue/ |title=Arizona court urged to decide redistricting issue |newspaper=Arizona Capitol Times |date= |accessdate=2017-01-23}}

External links

  • [https://apps.law.asu.edu/Apps/Faculty/Faculty.aspx?individual_id=23 ASU Profile]
  • Law Office Profile
  • [https://www.oyez.org/advocates/paul_bender Appearances at U.S. Supreme Court], Oyez.com
  • {{C-SPAN|Paul Bender}}
{{authority control}}{{DEFAULTSORT:Bender, Paul}}

14 : Harvard University alumni|United States Department of Justice lawyers|American legal scholars|1933 births|People from Brooklyn|Harvard Law School alumni|Law clerks of Judge Learned Hand|Law clerks of the Supreme Court of the United States|20th-century American lawyers|University of Pennsylvania Law School faculty|Arizona State University faculty|21st-century American judges|Living people|James Madison High School (Brooklyn) alumni
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