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Topic: Herbert Wechsler

	Herbert Wechsler - Wikipedia, the free encyclopedia
		Herbert Wechsler (1909–2000) was a legal scholar and former director of the American Law Institute (ALI).
		Wechsler entered City College in New York City at the age of 15, graduated at age 18 and enrolled at Columbia Law School, where (at age 20) he served as editor-in-chief of the Columbia Law Review (graduated 1931).
		In 1959 Wechsler delivered a lecture at Harvard Law School entitled Toward Neutral Principles of Constitutional Law, which is one of the most heavily cited pieces in legal scholarship.
	en.wikipedia.org /wiki/Herbert_Wechsler (288 words)

	ALI Reporter
		Herbert Wechsler, who served from 1963 to 1984 as the Institute’s third Director, died in New York City on April 26.
		Professor Wechsler retired as Director and became Director Emeritus in 1984, but he continued to be active in the Institute’s affairs as a member of the Council.
		Professor Wechsler in 1993 became the third recipient of the Institute’s Henry J. Friendly Medal for his "outstanding achievement in promoting reform and clarification of the law" and for the extent to which his "outstanding intelligence, integrity, and devotion to the law...
	www.ali.org /ali/R2204_Wechsler.htm (468 words)

	Commentary Magazine - Principles, Politics, and Fundamental Law, by Herbert Wechsler (Site not responding. Last check: 2007-11-05)
		...Wechsler's hope, therefore, is for constitutional adjudication that proceeds according to a "genuinely principled" process, "resting with respect to every step that is involved in reaching judgment on analysis and reasons quite transcending the immediate result that is achieved...
		...Wechsler meets the question directly by applying his concept of neutrality to some of the modern Court's most significant decisions, i.e., those upholding the rights of Negroes to vote in Southern primaries, to own houses in spite of restrictive racial covenants, and to attend integrated public schools...
		...Wechsler's problem with the first two, the white primary case of 1944 and the restrictive covenant case of 1948, is a consequence of earlier Supreme Court rulings...
	www.commentarymagazine.com /Summaries/V32I3P90-1.htm (1538 words)

	Untitled Document
		Wechsler brought out the frailities of the opinions themselves, and then turned to the need to supply the principle the Court had failed to articulate.
		But, assuming facilities equal in fact, this principle was not, for Wechsler, an adequately neutral principle on which to ground judicial action, because it amounted to accepting the interpretation of "separate but equal" suggested by one group rather than another, in the face of a contrary determination made by the state legislature.
		What prevented Wechsler from endorsing the decision with Black's simplicity, was his jurisprudence - his assumption that as one institution interacting with others, courts (or at least courts deciding constitutional issues) should only interfere with decisions made by the legislature based on certain types of very abstract arguments.
	cyber.law.harvard.edu /bridge/LegalProcess/essay3.txt.htm (3150 words)

	LibertyGuide.com - Between a Rock and a Hard Place: Political Safeguards, The Federal Majority, and Judicial ... (Site not responding. Last check: 2007-11-05)
		Wechsler, referring to a letter from Jefferson to Madison, suggests that Madison, at the other’s prompting, substituted reliance upon the federal judiciary to fulfill the purpose envisioned for the Council of Revision which Madison proposed and the Philadelphia Convention rejected.
		One may fault Wechsler, however, for failing to see that the Seventeenth Amendment and the rise of national parties both curtailed the ability of states to represent their interests in the national government.
		Since Wechsler and Choper argue not that state sovereignty does not need protecting, but rather that it already receives and does not need further protection, we shall set this question aside with the assumption that their intent is not to imperil or erode state sovereignty.
	www.theihs.org /libertyguide/hsr/hsr.php/52.html (9127 words)

	[No title]
		WECHSLER: I was saying that the writ calls for review of a judgment of the Supreme Court of Alabama which, in our submission, poses hazards for the freedom of the press not confronted since the early days of the Republic.
		Wechsler made the argument that it might be difficult for The Times to plead truth because it might have to spell out its theory that there was some question in its mind as to whether the ad applied to the plaintiff.
		Wechsler should fail before a jury and certainly before this tribunal on the question of whether or not there was ample evidence to sustain a jury verdict of falsity.
	www.yale.edu /lawweb/avalon/curiae/html/376-254/oralargs.htm (13461 words)

	Law School Creates Wechsler Chair (Site not responding. Last check: 2007-11-05)
		The establishment of the Herbert Wechsler Professorship of Federal Jurisdiction was announced at Columbia Law School's 46th annual winter luncheon at the Waldorf-Astoria Jan. 27.
		Wechsler was one of Ginsburg's professors when she was a student at the school.
		Wechsler, Harlan Fiske Stone Professor Emeritus of Constitutional Law at Columbia, has been a dominant figure in three separate areas of law: criminal law, constitutional law and the federal courts.
	columbia.edu /cu/record/archives/vol20/vol20_iss16/record2016.13.html (337 words)

	[No title]
		For example, Wechsler placed primary reliance upon a quote by James Madison: "as a security of the rights and powers of the states in their individual capacities ag[ainst] an undue preponderance of the powers granted to the Government over them in their united capacity; the Constitution has relied on 1.
		Whereas Wechsler left undefined any residuary role to be left to the courts, Choper argued that the courts were to be completely ousted from questions concerning state sovereignty.
		Professor Wechsler was quite right to focus on the Senate as the representative of state interests in the national government, as the similarity of the Senate's structure to that of the Congress of the Confederation would have been clear to any member of the founding generation who read the new Constitution.
	www.law.berkeley.edu /faculty/yooj/articles/federalism.html (17806 words)

	Reading Notes--mostly précis and summary (Site not responding. Last check: 2007-11-05)
		Herbert Wechsler, "Toward Neutral Principles of Constitutional Law," 73 Harvard Law Review 1 (1959).
		In school desegregation, for example, the judgment seems not to have been made upon the facts about, for instance, the way students feel in a segregated environment, but upon the principle that segregation denies "equality to the minority against whom it is directed" (33).
		Here the principle seems to be based on the freedom of association winning out over the freedom from association, which Wechsler intuits to be correct, though he does not see that it has been adequately explained.
	home.uchicago.edu /~ahkissel/williamsj/wechsler.html (243 words)

	Althouse: The long winter break is over.
		The second was particularly memorable, as Professor Wechsler, for the last time, taught the final third of the course.
		Wechsler's diminished hearing made interactions with the class awkward, but his description of the behind the scenes details of New York Times v.
		Wechsler during oral argument in another matter some time after the Sullivan argument--but before the decision was announced--which Wechsler took to mean that Sullivan would go his way).
	althouse.blogspot.com /2005/01/long-winter-break-is-over.html (1000 words)

	Herbert Wechsler -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-11-05)
		Herbert Wechsler (1909—2000) was a legal scholar and former director of the (Click link for more info and facts about American Law Institute) American Law Institute (ALI).
		In 1959 Wechsler delivered a lecture at (Click link for more info and facts about Harvard Law School) Harvard Law School entitled Toward Neutral Principles of Constitutional Law, which is one of the most heavily cited pieces in legal scholarship.
		In 1964 Wechsler argued the seminal case (Click link for more info and facts about New York Times v.
	www.absoluteastronomy.com /encyclopedia/H/He/Herbert_Wechsler.htm (185 words)

	Legends in the Law: Philip Allen Lacovara (Site not responding. Last check: 2007-11-05)
		Wechsler was working on revisions to the Model Penal Code, which eventually became the principal basis for criminal law reform throughout the United States.
		Wechsler was a great teacher and a great mentor, and working with him kept my interest in public law very much alive.
		I can’t pretend to be in the same category as a Herbert Wechsler or a Harold Leventhal or a Thurgood Marshall or an Archibald Cox.
	www.dcbar.org /for_lawyers/washington_lawyer/january_2005/legends.cfm (5735 words)

	WHEN PRINCIPLES GET IN THE WAY
		What troubled Wechsler was that the Justices, in reaching their decision, seemed moved by the practical desire to secure a result they favored (integrated schools) rather than by some general principle whose application would yield that result independently.
		When Wechsler characterizes the choice as being between the rights of those who wish to associate and the rights of those who wish not to, these two wishes have lost all contact with the issue that made their opposition meaningful -- whether the schoolhouse door should be open or shut.
		Like the freedom of association in Wechsler's argument, race-consciousness invoked as an abstraction rides roughshod over history while laying claim to the noblest of motives.
	www.pbs.org /shattering/sfish.html (1043 words)

	Interesting Facts from Brown v. Board of Education
		He even offered a "neutral," if flawed, "principle" of his own to iterate his position, citing the First Amendment's guarantee of "freedom of association," in place of the sociological testimony on which he believed Brown had been built.
		Wechsler was revisiting the controversial, if widely influential lecture that had gone on to publication in the Harvard Law Review.
		An article titled "The Nationalization of Civil Liberties and Civil Rights" found a contemplative Herbert Wechsler examining the then increasing role of the Supreme Court and Congress in defining the rights of U.S. citizens.
	www.law.columbia.edu /focusareas/brownvboard/bvbfacts (1225 words)

	washingtonpost.com: Obituaries
		Wechsler was managing director of international practices with LECG, a legal and economic consulting firm in Washington.
		Wechsler was born in Brooklyn, N.Y., and grew up on Long Island.
		Wechsler was fluent in Swedish and had traveled to more than 60 countries.
	www.washingtonpost.com /ac2/wp-dyn/A16218-2004Jun29?language=printer (1284 words)

	Wechsler - Wechsler/Marsico Associates (Site not responding. Last check: 2007-11-05)
		Risa Wechsler is a Hubble Fellow at the Kavli Institute for Cosmological Physics at the University of Chicago.
		Wechsler was admitted to the bar 1958, New York; Supreme Court; US Court of Appeals, The efforts of Mr.
		Harry Wechsler received the Ph.D. in Computer Science from the University of California, Irvine, in 1975.
	www.azhao.com /az/wechsler.html (179 words)

	AP Online: Renowned Attorney Wechsler Dies@ HighBeam Research (Site not responding. Last check: 2007-11-05)
		NEW YORK (AP) -- Herbert Wechsler, a Columbia Law School professor whose profound influence on the U.S. legal system stretched over half a century, has died.
		Wechsler, who successfully defended The New York Times in a landmark 1964 First Amendment case before the U.S. Supreme Court, died Wednesday at his Manhattan home.
		His other achievements included helping to make state criminal laws more consistent nationwide through creation of a model penal code and serving as chief technical adviser to the U.S. judges at the Nuremberg...
	www.highbeam.com /library/doc0.asp?DOCID=1P1:26244908&refid=ip_encyclopedia_hf (173 words)

	540cl27 (Site not responding. Last check: 2007-11-05)
		Herbert Wechsler, Toward Neutral Principles of Constitutional Law (1959) Coursepack pp.
		In fact, to argue that it was because fls could learn better with whites is to argue that fls are inferior and can't learn on their own.
		Herbert Wechsler, Toward Neutral Principles of Constitutional Law (1959)
	www-personal.umich.edu /~ralatham/lawiki/540cl27.html (810 words)

	Tobriner Lecture [UC Hastings College of the Law] (Site not responding. Last check: 2007-11-05)
		That is the question that prompted legal scholar Herbert Wechsler to ask about the lawfulness of the segregation opinions when the Supreme Court produced Brown v.
		Thus the segregation decisions, according to Professor Wechsler, were unlawful because they offended the most basic idea in law—that likes should be treated alike.
		In his rebuke, Yale constitutional law scholar Charles L. Black observed that if the segregation decisions were wrongly decided, that is—if they were unlawful in the words of Professor Wechsler—then dominant professional opinion would result in their undoing, because it would not stand for a major error to remain extant in the law.
	www.uchastings.edu /?pid=1424&menu=off (1336 words)

	Columbia Law Review \| Putting the Politics Back Into the Political Safeguards of Federalism
		Herbert Wechsler, writing in 1954, recognized that aggressive judicial intervention to protect the states from Congress was inconsistent with original understanding and unnecessary.
		However, Wechsler's explanation of "political safeguards" does not explain the system of politics that has accounted for the continued success of American federalism for more than two centuries of practice.
		The Founders believed that any attempt by Congress to usurp state power could and would be thwarted by state officials' mounting popular political appeals.
	www.columbialawreview.org /articles/index.cfm?article_id=47 (198 words)

	Legal reasoning paper
		In 1959, Professor Herbert Wechsler of Columbia wrote the article "Toward Neutral Principles of Constitutional Law" which said that value choices were legitimate if they could be justified by neutral principles.
		The finding that segregated schools were "inherently unequal" was not principled ground for the constitutional ruling because it was fact-specific to the sociological testimony in the particular case.
		Wechsler’s view was that because the judiciary was not elected, it should not upset value choices made by the democratically elected legislature.
	www.ags.uci.edu /~dkieso/legal.htm (2936 words)

	[No title]
		P. (e) The evidence was constitutionally insufficient to support the judgment for respondent, since it failed to support a finding that the statements were made with actual malice or that they related to respondent.
		COUNSEL: Herbert Wechsler argued the cause for petitioner in No. 39.
		With him on the brief were Herbert Brownell, Thomas F. Daly, Louis M. Loeb, T. Eric Embry, Marvin E. Frankel, Ronald S. Diana and Doris Wechsler.
	www.mtsu.edu /~lburriss/nyt_v_su (11937 words)

	Buffalo Criminal Law Center - Herbert Wechsler National Criminal Law Moot Court Competition
		The Buffalo Criminal Law Center and the Buffalo Criminal Law Society are pleased to announce the Eighth Annual Herbert Wechsler National Criminal Law Moot Court Competition, to be hosted by the State University of New York at Buffalo School of Law on Saturday March 4, 2006.
		Named after the drafter of the Model Penal Code, the Wechsler Competition is the only national moot court competition in the United States to focus on topics in substantive criminal law.
		The Wechsler Competition complements the University at Buffalo’s comprehensive effort to advance the study and practice of criminal law, which also includes the Buffalo Criminal Law Review and the Master of Laws in Criminal Law, the only program of its kind in the United States.
	wings.buffalo.edu /law/bclc/moot.htm (235 words)

	February 9 (Site not responding. Last check: 2007-11-05)
		In 1962, the American Law Institute, an association of judges, law professors and practicing lawyers, endorsed a model penal code drawn up by Professor Schwartz of the University of Pennsylvania Law School and Professor Herbert Wechsler of Columbia University.
		Professors Schwartz and Wechsler tried to take a fresh look at state criminal law, which over time had tended to become jumbled, confused and full of contradictions, and set out a clear and consistent framework to which all laws should conform.
		This model penal code proved influential, and resulted in about 35 states' amending or codifying their laws to bring them closer in line with its provisions.
	www.chesslaw.com /louisschwartz.htm (412 words)

	ALI Catalog - Special ALI Publications
		The first installment of the ALI Audiovisual History is an edited transcript of an interview with Director Emeritus Herbert Wechsler.
		The interview, which was videotaped at Professor Wechsler’s residence in New York City on April 23, 1989, was conducted by Paul A. Wolkin.
		It includes Professor Wechsler’s candid reflections on both his years as Chief Reporter for the Institute’s Model Penal Code and his tenure from 1963 to 1984 as the Institute’s third Director.
	www.ali-aba.org /ali/special_ali_pubs.htm (648 words)

	SSRN-Principled Minimalism: Restriking the Balance between Judicial Minimalism and Neutral Principles by Jonathan Molot
		From the time of the Founding right up until Bickel, judicial power was defended based not only on its narrowness, but also on the expectation that judges would base their decisions on law.
		The other half of this tradition, captured by Herbert Wechsler in his famous Neutral Principles article, has been largely overlooked.
		The Article employs institutional and historical analysis both to cast doubt on the wisdom of the recent shift toward minimalism and to support a jurisprudence of principled minimalism in its place.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=590642 (325 words)

	MAIN INDEX
		WECHSLER, HERBERT - EULOGY FOR FRANCIS BIDDLE 1968 Francis B. Biddle Papers
		WECHSLER, HERBERT - REFERENCE BY BIGGS, JOHN JR.
		WECHSLER, HERBERT - REFERENCE BY BIRKETT, NORMAN 1954 Francis B. Biddle Papers
	gulib.lausun.georgetown.edu /dept/speccoll/mi/mi}2041.htm (750 words)

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