Ginsburg, D judge

lever master plan 2nd choice RR after Bork, smoke pot --> kennedy ex CA lobbyist?!

Global Antitrust Institute (GAI) was founded in 2013 as an LEC program by Senior Court Circuit Judge Douglas H. Ginsburg (Senior Status, DC Circuit) and Professor Bruce Kobayashi (currently, Director of the Bureau of Economics at the FTC). The GAI spun off from the LEC in 2015 when Professor Joshua Wright returned to Scalia Law after two-and-a-half years as a Commissioner of the Federal Trade Commission. Current GAI Programs include: Economics Institute for Competition Judges, Economics Institute for Competition Enforcement Officials, and Competition Advocacy Programs....

OMG JANE M CHE

By 1986, Bruce Ackerman, then a professor at Columbia Law School, called Law and Economics "the most important thing in legal education since the birth of Harvard Law School." Teles, in his 2008 book, The Rise of the Conservative Legal Movement, described Law and Economics as "the most successful intellectual movement in the law of the past 30 years, having rapidly moved from insurgency to hegemony."

As Law and Economics spread, underwritten at each step by the Olin foundation and other conservative backers including the Kochs and Scaife, liberal critics grew alarmed.The Alliance for Justice, a liberal nonprofit in Washington, published a critical report in 1993 warning that "a small wealthy group" was trying to "fundamentally alter the way that justice is dispensed in our society." It revealed that the Olin foundation was paying students thousands of dollars to take classes in Law and Economics at Georgetown Law School and to attend workshops on the subject at Columbia Law School.

Despite this ethically dubious situation, only one law school, at the University of California at Los Angeles, turned the Olin funds away, arguing that by plying students with grant money, the foundation was "taking advantage of students' financial need to indoctrinate them with a particular ideology."

More controversial still were Law and Economics seminars that the Olin foundation funded for judges. The seminars were initiated by Henry Manne, who had become dean of the George Mason University School of Law, which he was trying to transform into a hub of libertarian jurisprudence. The seminars treated judges to two-week-long, all-expenses-paid immersion training in Law and Economics, usually in luxurious settings like the Ocean Reef Club in Key Largo, Fla.

They soon became popular free vacations for the judges, a cross between Maoist cultural re-education camps and Club Med. After a few hours of learning why environmental and labor laws were anathema, or why, as Manne argued, insider-trading laws did more harm than good, the judges broke for golf, swimming, and delightful dinners with their hosts. Within a few years, 660 judges had gone on these junkets, some, like the U.S. Court of Appeals judge and unconfirmed Supreme Court nominee Douglas Ginsburg, many times. By one count, 40 percent of the federal judiciary had participated, including the future Supreme Court justices Ruth Bader Ginsburg and Clarence Thomas.

A variety of major corporations eagerly joined Olin and other conservative foundations in footing the bills. A study by the nonpartisan Center for Public Integrity found that between 2008 and 2012 close to 185 federal judges attended judicial seminars sponsored by conservative interests, several of which had cases before the courts. The lead underwriters were the Charles Koch Foundation, the Searle Freedom Trust, ExxonMobil, Shell Oil, the pharmaceutical giant Pfizer, and State Farm, the insurance company. Topics ranged from "The Moral Foundations of Capitalism" to "Terrorism, Climate, and Central Planning: Challenges to Liberty and the Rule of Law."

Simultaneously, the Olin foundation provided crucial start-up funds for the Federalist Society, an organization for conservative law students founded in 1982. With $5.5 million from the Olin foundation, as well as large donations from foundations tied to Scaife, the Kochs, and other conservative legacies, the Federalist Society grew from a pipe dream shared by three ragtag law students into a powerful professional network of 42,000 right-leaning lawyers, with 150 law-school campus chapters and about 75 lawyers' groups nationally. All of the conservative justices on the Supreme Court are members, as are former vice president Dick Cheney, the former attorneys general Edwin Meese and John Ashcroft, and numerous members of the federal bench. Its president, Eugene B. Meyer, son of a founding editor of National Review, acknowledged that without Olin funding "it possibly wouldn't exist at all." Looking back, the Olin foundation's staff described it as "one of the best investments" the foundation ever made.

The Olin foundation also backed what came to be known as the Collegiate Network, privately financing a string of right-wing newspapers on America's college campuses. Among them was The Dartmouth Review, which infamously published an editorial in Ebonics proclaiming, "Now we be cornin' to Dartmut' and be up over our 'fros in studies, but we still be not graduatin' Phi Beta Kappa."...

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Seminar Dates	Seminar Title
09/26/20 - 10/02/20	Sage Lodge Colloquium
10/18/20 - 10/23/20	Antitrust Economics Institute George Mason University Global Antitrust Institute
11/07/20 - 11/11/20	Introduction to Economics for Judges - San Antonio
11/11/20 - 11/15/20	Public Law: Economic Concepts and Cases - San Antonio
03/14/21 - 03/20/21	Naples Colloquium
06/06/21 - 06/12/21	Beaver Creek Colloquium
06/13/21 - 06/19/21	Public Law: Economic Concepts and Cases
06/20/21 - 06/25/21	Antitrust Economics Institute
09/09/21 - 09/13/21	Forum on the Economic and Legal Foundation of Capitalism with Vernon Smith
09/26/21 - 10/02/21	Sage Lodge Colloquium
10/17/21 - 10/23/21	Public Law: Economic Concepts & Cases
11/07/21 - 11/12/21	Antitrust Economics Institute
12/04/21 - 12/10/21	The Breakers Colloquium

matt t:

STEP 2: SUE, SUE, SUE

While death and taxes may be only relative certainties in today's economy – failing megabanks neither die nor pay taxes anymore – one thing that was always absolutely certain from the start was that Wall Street was going to sue the living hell out of Washington before the ink was even dry on Dodd-Frank. It took a little while, but the banks very quickly found a tried-and-true method of tying up the reforms in court.

Wall Street's first big win involved a small-but-important change known as the "proxy access" rule, which made it easier for people who own stakes in a company to remove directors from the board – giving shareholders more power to rein in corrupt or overpaid company executives. More democracy in business sounded like a good idea to almost everyone. But Wall Street has a dependable playbook for getting rid of any reform, no matter how small, that leads to greater accountability. "First, they hire a shit-ton of lobbyists to go to the regulators," says Jim Collura, spokesman for the Commodity Markets Oversight Coalition. "Then, they beat the crap out of them during the rulemaking process. And then, when that's over, they litigate the hell out of them."

Sue their asses! For all the right's supposed hatred of "activist judges," conservatives immediately flocked to the courts in search of magistrates willing to casually overturn the work of elected officials. In the case of the proxy access rule, Wall Street convinced its two favorite lobbying arms, the Business Roundtable and the Chamber of Commerce, to sue the Securities Exchange Commission over a technicality, claiming that the agency had not done a proper cost-benefit analysis before it instituted the new rule. In an appropriately loathsome touch, theChamber's legal team was led by one Eugene Scalia, son of Supreme Court Justice Antonin Scalia. The younger Scalia, who looks like the product of a twisted test-tube experiment that crossed his father with Ari Fleischer, pitched a federal appeals court on the idea that the proxy access rule was "arbitrary and capricious," and that the SEC hadn't spent enough time studying the rule's effects on "efficiency, competition and capital formation."

In fact, the agency had produced 60 pages of cost-benefit analysis and had spent, according to SEC chief Mary Schapiro, some 21,000 man-hours working on the bill and studying its effects. Still, the court wasn't impressed. In his opinion, presiding judge and Reagan appointee Douglas Ginsburg peed all over Dodd-Frank, vacating the rule, which he dismissed as "unutterably mindless." With striking chutzpah, considering that he was ruling in a case brought by the mother of all specialinterest lobbies,Ginsburg also denounced the shareholder rule as a gift to special interests, particularly "unions and government pension funds."

Almost immediately after the win, the gloating Scalia issued a thinly veiled threat to regulators, letting them know that any attempt to implement more limits on Wall Street would likely result in the same kind of lawsuit. "I would hope the agencies are taking to heart the potential consequences for Dodd-Frank rules," he chirped.

On November 30, 1987, Kennedy was nominated to the Supreme Court seat vacated by Lewis F. Powell, Jr., after Reagan's failed attempts at placing Robert Bork (formally rejected by the Senate) and Douglas Ginsburg (withdrew from consideration).^[9][10] Following Ginsburg's withdrawal for admitted marijuana use, Kennedy was subjected to a then unprecedentedly thorough investigation of his background, which he easily passed.

Lawyer Who Challenged EPA Case Had Social Contacts With Judges

JOHN J. FIALKA / Wall Street Journal 23mar04

WASHINGTON—A lead attorney pressing a legal attack by industry against pending federal air-pollution regulations had social contacts with two federal appellate judges at a guest ranch before they decided the 1999 case. The meetings came as part of a series of expense-paid seminars for judges paid for by donations from industries and conservative foundations.

U.S. Circuit Judge Douglas Ginsburg

participated with industry lawyer

representing several industry groups

The case—the American Trucking Association vs. the Environmental Protection Agency—was one of the biggest environmental cases of the 1990s. In it, the appeals court struck down new EPA regulations on soot and smog, claiming that Congress had never delegated the authority to the EPA. The U.S. Supreme Court later rejected the lower court's decision, upholding EPA's right to tighten regulations on soot and smog under the Clean Air Act.

While the case was pending, one of the judges that made the decision—U.S. Circuit Judge Douglas Ginsburg—participated with Ed Warren, who argued the case on behalf of several industry groups. They were both directors of the Foundation for Research on Economics & the Environment, a group based in Bozeman, Mont., that holds periodic seminars at a resort hotel and a rustic ranch for selected federal judges. The sessions feature plenty of free time for fishing, hiking, cocktails and other forms of socializing.

According to FREE about 70% of its funds come from foundations, including the Claude Lambe Foundation, which is controlled by closely held Koch Industries Inc., of Wichita, Kan., a broadly diversified energy company. Other contributions, according to FREE, come from corporations, currently including ExxonMobil. Bruce Green, an expert on legal ethics who teaches at Fordham University School of Law in New York, said he was retained by one of the Koch-related foundations to determine whether the seminars violated current standards of judicial ethics.

Douglas Howard Ginsburg (born May 25, 1946) is a judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed to this court in October 1986 by President Ronald Reagan. He served as its Chief Judge from July 16, 2001 until February 10, 2008. Ginsburg was picked by Reagan to fill a United States Supreme Court vacancy in 1987, but the judge withdrew from consideration after his earlier :{marijuana:(style="background-color:#fff200"):}: use created a controversy.

He is not related to Associate Justice of the Supreme Court Ruth Bader Ginsburg.

Ginsburg has announced that he will take senior status in October 2011 and plans to join the faculty of New York University School of Law in January 2012.^[1]

Contents

Education

Ginsburg graduated from The Latin School of Chicago in 1963, then attended Cornell University. After dropping out in 1965 due to "boredom", he invested in and helped run Operation Match, an early computer dating service based in Boston. Returning to Cornell in 1968 after selling the company, Ginsburg received his B.S. degree in 1970. He graduated from the University of Chicago Law School in 1973, where he served on the University of Chicago Law Review with Frank Easterbrook. Ginsburg then became a law clerk for US Supreme Court Justice Thurgood Marshall.^[2][3] ^[4]

Teaching and other public service experience

From 1975 to 1983 Ginsburg was a professor at Harvard Law School. Newsweek later reported that Ginsburg's students rated him poorly as a teacher. From 1983 to 1986 he served in the Reagan administration, as Administrator of the Office of Information and Regulatory Affairs, in the Office of Management and Budget, and as Deputy Assistant Attorney General and Assistant Attorney General in the Antitrust Division of the Department of Justice. Since 1988 he has been an Adjunct Professor at the George Mason University School of Law in Arlington, Virginia, where he teaches a seminar called "Readings in Legal Thought."^[5] He is also a Visiting Lecturer and Charles J. Merriam Scholar at the University of Chicago Law School in Chicago, Illinois. Ginsburg has been a visiting professor at Columbia University Law School (1987–1988) and a visiting scholar at New York Law School (2006–2008). He serves on the advisory boards of the Jevons Institute for Competition Law and Economics, University College London, Faculty of Laws; Law and Economics Center, George Mason University School of Law; Competition Policy International; Journal of Competition Law & Economics; Journal of Law, Economics & Policy; Supreme Court Economic Review; University of Chicago Law Review; and the Harvard Journal of Law & Public Policy.

He was a member of the Judicial Conference of the United States, 2001–2008, and previously served on its Budget Committee, 1997–2001, and Committee on Judicial Resources, 1987–1996; American Bar Association, Antitrust Section, Council, 1985–1986 (ex officio), 2000–2003 and 2009–2012 (judicial liaison); Boston University Law School, Visiting Committee, 1994–1997; and University of Chicago Law School, Visiting Committee, 1985–1988.

U.S. Supreme Court nomination

In 1987, President Ronald Reagan announced his intention to nominate Ginsburg to the United States Supreme Court to fill the vacancy created by the retirement of Lewis F. Powell. Ginsburg was chosen after a Senate controlled by Democrats had rejected the nomination of Judge Robert Bork after a bruising confirmation battle.

Ginsburg's nomination would collapse for entirely opposite reasons from Bork's rejection, as he almost immediately came under some fire when NPR's Nina Totenberg^[6] revealed that Ginsburg had used marijuana "on a few occasions" during his student days in the 1960s and while an Assistant Professor at Harvard in the 1970s. It was Ginsburg's continued use of marijuana after graduation and as a professor that made his indiscretions more serious in the minds of many Senators and members of the public.^[7][8]

Due to these allegations, Ginsburg withdrew his name from consideration, and remained on the federal appellate bench, where he is still a Judge of the U.S. Court of Appeals for the District of Columbia Circuit, serving as the DC Circuit's chief judge for most of the 2000s. Anthony Kennedy was then nominated and confirmed as the 107th Associate Justice of the Supreme Court.

References

^ http://legaltimes.typepad.com/blt/2011/09/dc-circuit-judge-to-join-nyu-law-faculty-.html
^ http://www.law.gmu.edu/faculty/directory/adjunct/ginsburg_douglas
^ Mathews, T. Jay (1965-11-03). "Operation Match". The Harvard Crimson. Retrieved April 20, 2012.
^ Shenon, Philip (1987-10-30). "Nominee Left College to Be Matchmaker". The New York Times. Retrieved April 20, 2012.
^ http://www.law.uchicago.edu/courses/coursedetails.html?CourseNumber=57012&SectionNumber=1&Quarter=1&Year=2008
^ 'Nina Totenberg, NPR Biography' http://www.npr.org/templates/story/story.php?storyId=2101289
^ The Washington Post: "Media Frenzies in Our Time" Special to the washingtonpost.com [1]
^ Ginsburg was also accused of a financial conflict of interest during his work in the Reagan Administration, but a Department of Justice investigation under the Ethics in Government Act found that allegation baseless in a February 1988 report. Hall, Kermit, ed., The Oxford Companion to the Supreme Court of the United States, page 339, Oxford Press, 1992

Sources

Douglas H. Ginsburg at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center.

External links

Born: 25-May-1946

Birthplace: Chicago, IL

Gender: Male

Race or Ethnicity: White

Sexual orientation: Straight

Occupation: Judge

Nationality: United States

Executive summary: US Court of Appeals, DC Circuit

Father: Maurice Ginsburg

Mother: Katherine Goodmont

Wife: Claudia DeSecundy (m. 31-May-1968, div. 1980, one daughter)

Daughter: Jessica J. E. Lubow

Wife: Hallee Perkins Morgan (m. 9-May-1981, div., two daughters)

Daughter: Hallee Katherine Morgan

Daughter: Hannah Maurice Morgan

Wife: Deecy Gray (m. 22-Sep-2007)

High School: Latin School of Chicago (1963)

University: BS, Cornell University (1970)

Law School: JD, University of Chicago Law School (1973)

Professor: Law, Harvard Law School (1975-83)

Professor: Adjunct, George Mason University (1988-)

US Appeals Court Judge, DC Circuit Chief Judge (2001-08)

US Appeals Court Judge, DC Circuit (1986-)

US Justice Department Asst. US Attorney General, Antitrust Div. (1985-86)

US Office of Management and Budget Admin., Information and Regulatory Affairs (1984-85)

US Justice Department Deputy Asst. US Attorney General, Antitrust Div. (1983-84)

Law Clerk to Thurgood Marshall, US Supreme Court (1974-75)

Law Clerk to Carl McGowan, DC Court of Appeals (1973-74)

Covington & Burling Associate (1972)

American Bar Association

American Economic Association

American Law and Economics Association

American Law Institute

Illinois State Bar Association 1973

Massachusetts Bar Association 1982

Mont Pelerin Society

Order of the Coif

Phi Kappa Phi Honor Society

Risk Factors: Marijuana

rosen

By 1995, the Constitution in Exile movement had reached what appeared to be a turning point. The Republicans had recently taken over both houses of Congress after pledging, in their Contract With America, to rein in the federal government. And the Supreme Court, by rediscovering limits on Congress's power in Lopez, seemed to be answering the call. For conservative advocacy groups and public-interest law firms, the possibilities for litigation looked encouraging.

In a reflection of the new mood, Douglas Ginsburg wrote an article in Regulation, a libertarian magazine published by the Cato Institute, calling for the resurrection of ''the Constitution in Exile.'' He noted that for 60 years, proper constitutional limits on government power had been abandoned. ''The memory of these ancient exiles, banished for standing in opposition to unlimited government,'' he wrote with a hint of wistful grandiosity, ''is kept alive by a few scholars who labor on in the hope of a restoration, a second coming of the Constitution of liberty -- even if perhaps not in their own lifetimes.'' While not all the leaders of the movement immediately embraced Ginsburg's catch phrase (Edwin Meese says that the phrase Constitution in Exile suggests incorrectly that they have retired from the field of battle), among some legal conservatives it became a rallying cry.

The restoration did not occur. The Rehnquist court in recent years has proved more sympathetic to enforcing limits on Congress's power than any court since 1937: between 1995 and 2003, the court struck down 33 federal laws on constitutional grounds -- a higher annual rate than any other Supreme Court in history. But the so-called federalism revolution on the Rehnquist court did not deliver all of what the proponents of the Constitution in Exile had hoped. Every time a lower court appeared to be on the brink of successfully striking down a federal statute with substantial political support, like the Endangered Species Act, the Supreme Court wrote a hedging opinion reassuring the country that the justices intended to challenge Congressional power only at the margins.

''I think we failed,'' Michael Greve said flatly when I asked him about the past decade of Supreme Court litigation. ''There are encouraging signs that with the right strategic moves you can make some headway, until the court looks the principle in the eye and says, 'Oh, my God,' and pulls back.'' He rattled off a series of property-rights cases in which the Supreme Court had declared (in his mocking paraphrase), ''Oh, no, this would be too inconvenient, too constraining for government.''

fedsoc lifetime acg award

Judge Douglas H. Ginsburg joined the George Mason law faculty as Professor of Law beginning in July 2013 while continuing also to serve as senior circuit judge of the United States Court of Appeals for the District of Columbia Circuit.

Judge Ginsburg is a leading authority on competition law and policy, administrative law, and law and economics. In his distinguished career, he has been a professor of law at Harvard University (1975-1983); held a number of posts in the executive branch of federal government (1983-1986), including assistant attorney general for antitrust in the U.S. Department of Justice; and was then appointed to the United States Court of Appeals in 1986 by President Ronald Reagan, serving as chief judge from 2001 to 2008.

Judge Ginsburg taught as an adjunct professor at George Mason over a number of years, as well as having appointments as a visiting lecturer at the University of Chicago Law School and a visiting professor at University College London, Faculty of Laws. For the two years prior to to joining the Mason Law faculty, Judge Ginsburg was on the faculty of New York University.

Judge Ginsburg holds a B.S. from Cornell University (1970) and a J.D. from the University of Chicago (1973), where he was a member of the University of Chicago Law Review. He clerked for Justice Thurgood Marshall of the U.S. Supreme Court and for Judge Carl McGowan of the U.S. Court of Appeals for the District of Columbia Circuit.

In addition to teaching law school classes Antitrust and Readings in Legal Thought, Judge Ginsburg will teach and lecture in the programs of the school’s Law & Economics Center.

Education