| 词条 | Thomas Rex Lee | ||||||||||||||||||||||
| 释义 |
| image = Justice Lee.jpg | office = Associate Chief Justice of the Utah Supreme Court | appointer = Gary Herbert | term_start = July 19, 2010 | term_end = | predecessor = Michael Wilkins | successor = | birth_date = {{Birth year and age|1964|12}} | birth_place = | death_date = | death_place = | education = Brigham Young University (BA) University of Chicago (JD) | party = Republican | spouse = Kimberly Lee | children = 6 | parents = Rex E. Lee Janet Griffin | relations = Mike Lee (brother) | module = {{Infobox academic | child = yes | awards = | website = | thesis_title = | thesis_url = | thesis_year = | school_tradition = | doctoral_advisor = | academic_advisors = | influences = | discipline = | sub_discipline = | workplaces = Harvard Law School J. Reuben Clark Law School | doctoral_students = | notable_students = | notable_works = | notable_ideas = | influenced = }} }}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 School[1] and an adjunct professor/distinguished lecturer at Brigham Young University's (BYU) J. Reuben Clark Law School (JRCL) since his appointment to the bench.[2] 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.[3][4] Early life, education, and careerThomas 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.[5] Lee graduated from the University of Chicago Law School with high honors in 1991.[6] 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.[7] Following his 2010 appointment to the bench Lee has remained a Distinguished Lecturer in Law at the JRCL.[8] 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.[9][10] 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.[11][12] 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. Nomination and confirmationOn 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.[13] Receiving a unanimous vote (5–0) from the Utah Senate Judicial Confirmation Committee in mid-June 2010,[14] Lee was confirmed by the full Senate on June 23, 2010.[15] Lee was sworn into office on July 19, 2010; his mentor, U.S. Supreme Court Justice Clarence Thomas, administered the oath.[16] JurisprudenceSimilarities to Justices Scalia and ThomasA 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.[17] 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.[18] The study was updated again in 2018, adding new variables and more names, and Lee again scored the highest.[19] 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."[20] 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.[21]Authorship of opinionsLee 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.[22] "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.[22][23] 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).[22] 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."[22] Works
Personal lifeLee and his wife, Kimberly, have six children. His brother, Michael S. Lee, is a U.S. Senator representing the state of Utah.[35] He is the son Rex E. Lee, a former Solicitor General of the United States and the 10th president of BYU. See also
References1. ^https://hls.harvard.edu/faculty/directory/11827/Lee 2. ^https://law.byu.edu/faculty/thomas-r-lee/ 3. ^{{Cite news|title = Judges and 'corpus linguistics'|url = https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/08/17/judges-and-corpus-linguistics/|newspaper = The Washington Post|date = August 17, 2015|access-date = October 8, 2015|issn = 0190-8286|language = en|first = Eugene|last = Volokh}} 4. ^{{Cite web|title = Corpus Linguistics as Interpretive Tool|url = http://www.nationalreview.com/bench-memos/422755/corpus-linguistics-interpretive-tool-ed-whelan|website = National Review Online|publisher=nationalreview.com|accessdate = October 8, 2015}} 5. ^{{cite web|title=Thomas Rex Lee|url=http://www.law.byu.edu/Law_School/Faculty_Profile?130 |accessdate=November 12, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20100210135749/http://www.law.byu.edu/Law_School/Faculty_Profile?130 |archivedate=February 10, 2010 }} 6. ^{{cite web|url=http://www.law.uchicago.edu/alumni/accoladesandachievements/128 |title=Accolades & Achievements | University of Chicago Law School |publisher=Law.uchicago.edu |date= |accessdate=March 7, 2014}} 7. ^{{cite web|title=Thomas R. Lee New Associate Dean for Faculty and Curriculum at the BYU Law School|url=http://www.law2.byu.edu/news/item.php?num=97 |accessdate=June 16, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20081010033411/http://www.law2.byu.edu/news/item.php?num=97 |archivedate=October 10, 2008 }} 8. ^https://law.byu.edu/faculty/thomas-r-lee/ 9. ^https://www.utcourts.gov/judgesbios/showGallery.asp?dist=10&ct_type=S#3108 10. ^{{Cite web|url=https://www.oyez.org/advocates/thomas_r_lee|title=Oyez, Thomas R. Lee, Cases Argued|last=|first=|date=|website=Oyez|publisher=|access-date=November 9, 2016}} 11. ^https://www.utcourts.gov/judgesbios/showGallery.asp?dist=10&ct_type=S#3108 12. ^{{cite web|url=http://works.bepress.com/thomas_lee/cv.pdf |title=Thomas R |format=PDF |date= |accessdate=March 7, 2014}} 13. ^{{cite web|author=Dennis Romboy |url=http://www.deseretnews.com/article/700035838/BYU-law-professor-Thomas-Lee-nominated-to-Utah-Supreme-Court.html |title=BYU law professor Thomas Lee nominated to Utah Supreme Court |publisher=Deseret News |date=May 29, 2010 |accessdate=March 7, 2014}} 14. ^{{cite web|author=Aaron Falk |url=http://www.deseretnews.com/article/700040591/BYU-law-professor-Thomas-Lee-moves-closer-to-spot-on-Utahs-high-court.html?pg=all |title=BYU law professor Thomas Lee moves closer to spot on Utah's high court |publisher=Deseret News |date=June 15, 2010 |accessdate=March 7, 2014}} 15. ^{{cite web|title=Lee Receives Unanimous Vote From Senate Committee|url=http://www.law2.byu.edu/news/item.php?num=793 |accessdate=November 12, 2010 |deadurl=yes |archiveurl=https://web.archive.org/web/20100624221929/http://www.law2.byu.edu/news/item.php?num=793 |archivedate=June 24, 2010 }} 16. ^{{cite web|author= |url=http://www.sltrib.com/sltrib/home/49952414-76/lee-law-court-justice.html.csp |title=Utah Local News – Salt Lake City News, Sports, Archive – The Salt Lake Tribune |publisher=Sltrib.com |date=January 29, 2014 |accessdate=March 7, 2014}} 17. ^{{Cite journal|last=|first=|year=2016|title=Searching for Justice Scalia: Measuring the "Scalia-Ness" of the Next Potential Member of the U.S. Supreme Court|ssrn=2874794|journal=Social Science Research Network|volume=|pages=|via=}} 18. ^{{Cite web|url=http://lsolum.typepad.com/legaltheory/2016/11/kidd-on-measuring-potential-trump-nominees-to-the-supreme-court-for-similarities-to-justice-scalia.html|title=Kidd, Sohan, Walters, & Phillips on Measuring Potential Trump Nominees to the Supreme Court for Similarities to Justice Scalia|website=Legal Theory Blog|access-date=November 26, 2016}} 19. ^{{Cite journal|last=Kidd|first=Jeremy|last2=Walters|first2=Ryan D.|date=2018-01-12|title=Searching for Scalia in 2018: Measuring the 'Scalia-ness' of President Trump's Supreme Court Shortlist|url=https://papers.ssrn.com/abstract=3100298|journal=SSRN|language=en|location=|volume=|pages=|via=}} 20. ^{{Cite web|url=http://www.libertylawsite.org/2016/11/27/scalias-successor-needs-his-virtues/|title=Scalia's Successor Needs His Virtues|date=November 27, 2016|website=Online Library of Law & Liberty|access-date=December 5, 2016}} 21. ^{{Cite news|url=http://www.nationalreview.com/article/442779/supreme-court-thomas-lee|title=Replacing Justice Scalia: A Proven Originalist from Trump's List|magazine =National Review|access-date=December 7, 2016}} 22. ^1 2 3 {{Cite news|url=http://utahdatapoints.com/2013/06/utahs-supreme-court-where-unanimity-is-the-rule/|title=Utah's Supreme Court, where unanimity is the rule|date=June 10, 2013|work=Utah Data Points|language=en-US|access-date=November 15, 2016}} 23. ^Kidd et. al, supra note 16. 24. ^{{Cite journal|last=Lee|first=Thomas R.|last2=Phillips|first2=James Cleith|date=2018-01-27|title=Data-Driven Originalism|url=https://papers.ssrn.com/abstract=3036206|journal=University of Pennsylvania Law Review|language=en|location=SSRN|volume=forthcoming|pages=|via=}} 25. ^{{Cite journal|last=|first=|date=|title=Judging Ordinary Meaning|url=https://www.yalelawjournal.org/article/judging-ordinary-meaning|journal=Yale Law Journal|volume=127|pages=788-879|via=}} 26. ^{{Cite news|url=http://www.yalelawjournal.org/forum/corpus-linguistics-original-public-meaning|title=Corpus Linguistics & Original Public Meaning: A New Tool To Make Originalism More Empirical|last=|first=|date=|work=|access-date=November 15, 2016|via=}} 27. ^{{cite web|ssrn=1263575|title=Trademarks, Consumer Psychology, and the Sophisticated Consumer by Thomas R. Lee, Glenn Christensen, Eric DeRosia :: SSRN |doi=10.2139/ssrn.967742 |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 28. ^{{cite web|ssrn=1319457|title=Demystifying Dilution by Thomas R. Lee :: SSRN |publisher=Papers.ssrn.com |date=December 24, 2008 |accessdate=March 7, 2014}} 29. ^{{cite web|ssrn=1263580|title=The Original Understanding of the Census Clause: Statistical Estimates and the Constitutional Requirement of an 'Actual Enumeration' by Thomas R. Lee :: SSRN |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 30. ^{{cite web|ssrn=1263609|title=Preliminary Injunctions and the Status Quo by Thomas R. Lee :: SSRN |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 31. ^{{cite web|ssrn=1263603|title=The Anastasoff Case and the Judicial Power to "Unpublish" Opinions by Thomas R. Lee, Lance S. Lehnhof :: SSRN |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 32. ^{{cite web|ssrn=1263610|title=Stare Decisis in Historical Perspective: From the Founding Era to the Rehnquist Court by Thomas R. Lee :: SSRN |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 33. ^{{cite web|ssrn=1266327|title=Pleading and Proof: The Economics of Legal Burdens by Thomas R. Lee :: SSRN |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 34. ^{{cite web|ssrn=1266328|title=Comment: The Standing of Qui Tam Relators Under the False Claims Act by Thomas R. Lee :: SSRN |publisher=Papers.ssrn.com |date= |accessdate=March 7, 2014}} 35. ^{{Cite web|title = Brothers In Law|url = http://magazine.byu.edu/brothers-in-law/|publisher= magazine.byu.edu|accessdate = October 8, 2015}} External links{{wikiquote}}
18 : 1964 births|Living people|20th-century American lawyers|21st-century American lawyers|21st-century American judges|Brigham Young University alumni|Brigham Young University faculty|Federalist Society members|Latter Day Saints from Arizona|Latter Day Saints from Illinois|Latter Day Saints from Utah|Latter Day Saints from Virginia|Law clerks of the Supreme Court of the United States|People from Arizona|Udall family|University of Chicago Law School alumni|Utah lawyers|Utah Supreme Court justices |
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