Laurence Tribe

Laurence Tribe

Laurence Tribe
Born Laurence Henry Tribe
(1941-10-10) October 10, 1941
Shanghai, China
Nationality American
Fields Constitutional law
Institutions Harvard Law School
Alma mater Harvard University
Notable students President Barack Obama[1]
Chief Justice John Roberts[2]
Associate Justice Elena Kagan[3]
Kathleen Sullivan[1]
Spouse Carolyn Ricarda Kreye (1964-present; 2 children)

Laurence Henry Tribe (born October 10, 1941) is a professor of constitutional law at Harvard Law School and the Carl M. Loeb University Professor at Harvard University. He also works with the firm Massey & Gail LLP on a variety of matters.[4]

Tribe is a liberal scholar of constitutional law[5][6] and cofounder of American Constitution Society. He is the author of American Constitutional Law (1978), a major treatise in that field, and has argued before the United States Supreme Court 36 times.[7]

Contents

  • Early life and education 1
  • Career 2
  • Political involvement 3
  • Personal life 4
  • Cases 5
  • Publications 6
  • See also 7
  • References 8
  • Bibliography 9
  • External links 10

Early life and education

Tribe was born in Shanghai, China, the son of Paulina (née Diatlovitsky) and George Israel Tribe.[8] His father was from Poland and his mother was born in Harbin, to a family of Jewish immigrants from Eastern Europe.[9][10][11] He was raised in the French Quarter of Shanghai.[9] Tribe attended Abraham Lincoln High School, 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), where he was a member of the Harvard Legal Aid Bureau. Tribe was a member of the Harvard team that won the intercollegiate National Debate Tournament in 1961 and coached the team to the same title in 1969.[12]

Career

Tribe served as a law clerk to Mathew 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. Among his law students and research assistants while on the faculty at Harvard have been Barack Obama (a research assistant for two years), Chief Justice John Roberts (as a law student in his classes), and Elena Kagan (as a research assistant).[13]

In 1978 he published the first version of what has become one of the core texts on the subject, American Constitutional Law. It has since been updated and expanded a number of times.[14]

In 1983 Tribe represented Unification Church leader Sun Myung Moon in the appeal of his federal conviction on income tax charges.[15]

Tribe represented the restaurant Grendel's Den in the case Larkin v Grendel's Den in which the restaurant challenged a Massachusetts's law which allowed religious establishments to prohibit liquor sales. The case reached the United States Supreme Court in 1982 where the court overturned the law as violating of the separation of church and state.[16] The Lawyer's Guide to Writing Well criticizes the opening of his brief as a"thicket of confusing citations and unnecessary definitions" stating that it would have been "measurably strengthened" if he had used the "more lively imagery" that he had used in a footnote later in the document.[17]

In the 1985 National Gay Task Force v. Board of Education Supreme Court case, Tribe represented the National Gay Task Force who had won an Appeal's Court ruling against an Oklahoma law that would have allowed schools to fire teachers who were attracted to people of the same sex or spoke in favor of civil rights for LGBT people. The Supreme Court deadlocked which left the Appeal's Court's favorable ruling in place, declaring the law would have violated the First Amendment.[18]

The Supreme Court ruled against Tribe's client in 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, in 2003 the Supreme Court overruled Bowers in Lawrence v. Texas, a case for which Tribe wrote the ACLU's amicus curiae brief supporting Lawrence, who was represented by Lambda Legal.[18]

Tribe testified at length during the Senate confirmation hearings in 1987 about the nomination of Robert Bork to the Supreme Court, arguing that Bork's stand on the limitation of rights in the Constitution would be unique in the history of The Court.[19] His participation in the hearings raised his profile outside of the legal realm and he became a target of right-wing critics.[19] His phone was later found to have been wire tapped, but it was never discovered who had placed the device or why. [19]

His 1990 book Abortion: Clash of Absolutes, was called "informative, lucidly written and cogently reasoned" in a review in the Journal of the American Bar Association.[5]

Tribe was part of

External links

  • Leila Schneps and Coralie Colmez, Math on trial. How numbers get used and abused in the courtroom, Basic Books, Chapter 2 (2013); ISBN 978-0-465-03292-1.

Bibliography

  1. ^ a b c
  2. ^
  3. ^
  4. ^
  5. ^ a b
  6. ^ Gregory, Vanessa (2010-12-06) Indefensible, The American Prospect
  7. ^ a b
  8. ^
  9. ^ a b
  10. ^
  11. ^ Carlton Sherwood, Inquisition: The Persecution and Prosecution of the Reverend Sun Myung Moon, Regnery Publishing, 1991, 0-89526-532-X, pages 384-386
  12. ^
  13. ^ Laurence Tribe discusses John Roberts' Supreme Court on YouTube
  14. ^
  15. ^ Carlton Sherwood, Inquisition: The Persecution and Prosecution of the Reverend Sun Myung Moon, Regnery Publishing, 1991, 0-89526-532-X, pages 384-386
  16. ^
  17. ^
  18. ^ a b
  19. ^ a b c
  20. ^ a b c d
  21. ^
  22. ^
  23. ^ Archived April 20, 2005 at the Wayback Machine
  24. ^ a b c
  25. ^
  26. ^
  27. ^
  28. ^
  29. ^ "'Personhood' Redefined: Animal Rights Strategy Gets at the Essence of Being Human", Association of American Medical Colleges, retrieved April 10, 2011.
  30. ^
  31. ^
  32. ^
  33. ^
  34. ^
  35. ^

References

See also

  • Uncertain Justice: The Roberts Court and the Constitution (2014; co-author with Joshua Matz)
  • The Invisible Constitution (2008)
  • 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 (editor; 1976)
  • 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)
Books

Publications

Case Citation Circuit Year
Worldwide Church of God v. California 623 F.2d 613 9th Cir. 1980
Grendel's Den v. Goodwin 662 F.2d 102 1st Cir. 1981
Pacific Legal Foundation v. State Energy Resources 659 F.2d 903 9th Cir. 1981
United States v. Sun Myung Moon 718 F.2d 1210 2d Cir. 1983
Romany v. Colegio de Abogados 742 F.2d 32 1st Cir. 1984
Westmoreland v. CBS 752 F.2d 16 2d Cir. 1984
Colombrito v. Kelly 764 F.2d 122 2d Cir. 1985
Texaco v. Pennzoil 784 F.2d 1133 2d Cir. 1986
U.S. v. Bank of New England 821 F.2d 844 1st Cir. 1987
U.S. v. Gallo 859 F.2d 1078 2d Cir. 1988
U.S. v. GAF Corporation 884 F.2d 670 2d Cir. 1989
U.S. v. Western Electric Company 900 F.2d 283 D.C. Cir. 1999
Fineman v. Armstrong World Industries 980 F.2d 171 D.C. Cir. 1992
U.S. v. Western Electric Company 993 F.2d 1572 D.C. Cir. 1993
Lightning Lube v. Witco Corporation 4 F.3d 1153 3d Cir. 1993
Hopkins v. Dow Corning Corporation 33 F.3d 1116 9th Cir. 1994
Chesapeake and Potomac Telephone v. U.S. 42 F.3d 181 4th Cir. 1994
Georgine v. Amchem Products, Inc. 83 F.3d 610 3d Cir. 1996
BellSouth Corp. v. F.C.C. 144 F.3d 58 D.C. Cir. 1998
SBC Communications v. F.C.C. 154 F.3d 226 5th Cir. 1998
City of Dallas v. F.C.C. F.3d 341 5th Cir. 1999
U.S. West v. Tristani 182 F.3d 1202 PDF (90.5 KB) 10th Cir. 1999
U.S. West v. F.C.C. 182 F.3d 1224 PDF (220 KB) 10th Cir. 1999
Southwest Voter Registration v. Shelley 344 F.3d 914 PDF (23.0 KB) 9th Cir. 2003
Pacific Gas and Elec. v. California 350 F.3d 932 PDF (144 KB) 9th Cir. 2003
General Electric v. E.P.A. 360 F.3d 188 PDF (49.8 KB) D.C. Cir. 2004
Tribe has argued 26 cases in the U.S. Circuit Courts of Appeals:
Case Citation Year
Richmond Newspapers v. Virginia 448 U.S. 555 1981
Heffron v. International Society for Krishna Consciousness 452 U.S. 640 1981
Crawford v. Board of Education 458 U.S. 527 1982
Larkin v. Grendel’s Den 459 U.S. 116 1982
White v. Massachusetts Council 460 U.S. 204 1983
Pacific Gas & Electric v. California 461 U.S. 190 1983
Hawaii Housing Auth. v. Midkiff 467 U.S. 229 1984
Northeast Bancorp v. Fed. Reserve 472 U.S. 159 1985
National Gay Task Force v. Board of Education 470 U.S. 159 1985
Fisher v. City of Berkeley 475 U.S. 260 1986
Bowers v. Hardwick 478 U.S. 186 1986
Pennzoil v. Texaco 481 U.S. 1 1986
Schweiker v. Chilicky 487 U.S. 412 1988
Granfinanciera v. Nordberg 492 U.S. 33 1989
Sable Communications v. FCC 492 U.S. 115 1989
Adams Fruit v. Barrett 494 U.S. 638 1990
Rust v. Sullivan 500 U.S. 173 1991
Cipollone v. Liggett 505 U.S. 504 1992
TXO v. Alliance Resources 509 U.S. 443 1993
Honda Motor Co. v. Oberg 512 U.S. 415 1994
U.S. v. Chesapeake & Potomac Telephone 516 U.S. 415 1996
Timmons v. Twin Cities Area New Party 520 U.S. 351 1997
Vacco v. Quill 521 U.S. 793 1997
Amchem Products v. Windsor 521 U.S. 591 1997
Baker v. General Motors 522 U.S. 222 1998
AT&T v. Iowa Utilities Board 525 U.S. 366 1999
Ortiz v. Fibreboard 527 U.S. 815 1999
Bush v. Gore I 531 U.S. 70 2000
New York Times Co. v. Tasini 533 U.S. 438 2001
U.S. v. United Foods 533 U.S. 405 2001
FCC v. NextWave 537 U.S. 293 2002
State Farm v. Campbell 538 U.S. 408 2003
Nike v. Kasky 539 U.S. 654 2003
Johanns v. Livestock Marketing Association 544 U.S. 550 2005
The following a list of cases Tribe has argued in the U.S. Supreme Court, as of the end of 2005:

Cases

On May 22, 2013, he was presented with an honorary Doctor of Letters degree from Columbia University during its Class of 2013 commencement.[35]

Tribe married Carolyn Ricarda Kreye in 1964. Their two children, Mark and Kerry, are visual artists.[33][34]

Personal life

Tribe served as a judicial adviser to the Barack Obama's 2008 presidential campaign.[1][30] In February 2010, he was named "Senior Counselor for Access to Justice" in the Department of Justice.[7][31] He resigned eight months later, citing health reasons.[32]

Tribe is one of the co-founders of the liberal Federalist Society, and is one of a number of scholars at Harvard Law School who have expressed their support for animal rights.[29]

Political involvement

In 2014, Tribe was retained to represent Peabody Energy in a suit against the Environmental Protection Agency. Tribe argued that EPA's use of the Clean Air Act to implement its Clean Power Plan was unconstitutional.[26] Tribe's legal analysis has been criticized by other legal commentators, including fellow Harvard Law School professors Richard J. Lazarus and Jody Freeman (who described his conclusion as "wholly without merit"),.[27][28] His advocacy for corporations like Peabody has been criticized by liberal legal experts.[24]

Since the mid 1990s, Tribe has represented a number of corporations advocating for their free speech rights and constitutional personhood.[24] Tribe represented General Electric in its defense against its liability under the Comprehensive Environmental Response, Compensation and Liability Act ("Superfund"), in which GE and Tribe unsuccessfully argued that the act unconstitutionally violated General Electric's due process rights.[25][24]

In 2004, Tribe acknowledged having plagiarized several specific phrases and a sentence in his 1985 book, God Save this Honorable Court, to a 1974 book by Henry Abraham.[21][22] After an investigation, Tribe was reprimanded by Harvard for "a significant lapse in proper academic practice" but concluded that Tribe's error was unintentional.[23]

[20]