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Topic: Judge Learned Hand


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  Learned Hand - Conservapedia
Learned Hand (1872-1961) was a prominent judge of the Court of Appeals for the Second Circuit (nominated by President Calvin Coolidge), after serving as a federal district judge in New York (at the nomination of President William Howard Taft).
Judge Hand is known as much for his eloquent prose as for his unusual name, and his opinions are widely taught in law schools.
Judge Hand was both a member of the establishment and an iconoclast who urged against conformity.
www.conservapedia.com /Learned_Hand   (472 words)

  
  Learned Hand - Wikipedia, the free encyclopedia
Hand is generally considered to be one of the most influential American judges not to have served on the U.S. Supreme Court.
Hand's cousin, Augustus Noble Hand, was also a judge and also served on both the Southern District and the Second Circuit courts substantially during Learned's tenure at each.
Learned Hand : the man and the judge, with a foreword by Lewis F. Powell, Jr., New York, NY: Knopf.
en.wikipedia.org /wiki/Judge_Learned_Hand   (661 words)

  
 hey marci.com - Some Flamboyance, Lots of Hard Work Mark the Second Circuit
Judge Hand's legacy is a powerful presence in the circuit and one that the court has proudly tried to live up to.
For that seat, Judge Walker says he is hoping for a "good lawyer" who is "hard-working and fully understanding of the very rich traditions of the 2nd Circuit." The court also has nine senior judges who have elected to retire from active service while retaining their office and some judicial responsibilities.
Judges on the 2nd Circuit bench are not particularly flamboyant.
www.heymarci.com /var_articles/ljournal_ct.html   (1384 words)

  
 KIKO'S HOUSE: Judge Learned Hand: An Appreciation
Hand was appointed to the U.S. District Court for the Southern District of New York by President William Howard Taft in 1909 and was promoted to the Second Circuit by President Calvin Coolidge in 1924, where he served for the rest of his life.
His 52 years as a federal judge is a record, and although he never was appointed to the Supreme Court, he is widely considered to have been a greater jurist than all but a few justices.
Hand did lend his voice to ongoing debates over judicial activism and the expansion of constitutional liberties, but his legacy lies less in constitutional law since relatively few constitutional cases came before the Second Circuit, than in contract and tort law.
kikoshouse.blogspot.com /2008/01/judge-learned-hand-appreciation.html   (1135 words)

  
 A Trial Judge's Freedom and Responsibility - 52.07
The ethical test of a judge is not whether his judgments run parallel to the judgments of a moralist, but whether the judge administers his office true to its traditional limitations as well as to its aspirations.
If judges seem to comment on the morality of conduct or the extent of damages, they may discover that the jurors regard their own knowledge as superior to the judges'.
If the trial judge is presented with the claim that a legislative act is unconstitutional, he ought to remind himself that every possible presumption is in favor of the validity of the legislation and that in certain constitutional controversies a district judge has no jurisdiction to act unless he is sitting with two other judges.
www.theatlantic.com /unbound/flashbks/oj/wyzanf.htm   (5082 words)

  
 Legends in the Law: Daniel M. Gribbon
At that time judges on the court of appeals had only one clerk, so Judge Hand was in desperate need of help.
Judges had been suspicious of attorney-client privilege, but the Supreme Court said with much enthusiasm that it was essential to the effective administration of justice.
BR: Your oldest daughter, Diana, is a judge of the Court of Appeals for the Fourth Circuit.
www.dcbar.org /for_lawyers/resources/legends_in_the_law/gribbon.cfm   (4189 words)

  
 JAMS - The Resolution Experts
The Judge Learned Hand Award is presented by The American Jewish Committee to distinguished members of the Bar and the Bench.
This award was created to honor the memory of Judge Learned Hand, a distinguished individual who is recognized as the heir to Justice Oliver Wendell Holmes' legacy as a jurist philosopher and a poet of liberty.
Judge Weinstein founded JAMS Class Action and Mass Tort Settlement Program, which is dedicated to the fair and speedy allocation of settlement funds in large scale matters involving settlements of over 10,000 claims.
www.jamsadr.com /press/show_release.asp?id=109   (795 words)

  
 Learned Hand - FREE Learned Hand Biography | Encyclopedia.com: Facts, Pictures, Information!
He was a judge of the U.S. District Court for New York's Southern District (1909-24) and of the federal Second Circuit Court of Appeals (1924-51).
Learned Hand, though, was often popularly known as...
Learned Hand was born in Albany, N.Y., on Jan. 27, 1872.
www.encyclopedia.com /doc/1E1-Hand-Lea.html   (914 words)

  
 Learned Hand — B < PL
In the Beeko, n6 Judge Campbell exonerated a power boat which had no watchman on board, which boys had maliciously cast loose from her moorings at the Marine Basin in Brooklyn and which collided with another vessel.
City of New York, n7 the same judge refused to reduce the recovery of a coal hoister, injured at a foul berth, because the engineer was not on board; he had gone home for the night as was apparently his custom.
In The Sadie, n9 we affirmed Judge Coleman's holding n10 that it was actionable negligence to leave without a bargee on board a barge made fast outside another barge, in the face of storm warnings.
www.learnedhand.com   (1944 words)

  
 U.S. MEDIA > Overviews of U.S. Media > The Media's Role in Changing the Face of U.S. Courts
The judges caught on camera were certainly embarrassed when it looked like they were vacationing at taxpayers' expense, exemplifying how expanded media coverage can have a negative effect on the image of the courts.
Judges now have reason to worry about the public perception of the courts when individual cases are treated similarly to sporting events.
Judges are also concerned about the potential for erosion in the public's confidence, because there have been a few cases in U.S. history where media coverage appears to have affected the fundamental fairness of the trial.
usinfo.state.gov /infousa/media/overview/hengstler.html   (2645 words)

  
 THE FORD PINTO CASE:
Although Judge Cardozo concluded that the accident was not foreseeable and therefore unavoidable, the Adams case laid the groundwork for a "balancing" approach to negligence.
Judge Hand attempted to quantify a criteria to determine when leaving a barge unattended was negligence and when it was not.
Judge Hand felt the expected harm (the probability of the accident, multiplied by the cost of the accident) was greater than the justification for a one and a half day absence of a bargee.
www.wfu.edu /~palmitar/Law&Valuation/Papers/1999/Leggett-pinto.html   (11300 words)

  
 Hand Learned: Free Encyclopedia Articles at Questia.com Online Library
He was a judge of the U.S. District Court for New York's Southern District (1909–24) and of the federal Second Circuit Court of Appeals (1924–51).
Here was the means, unexpectedly at hand, to provide the blessings of land and...there is too little to connect to his learned preparations.
Her hand dexterity is poor-- just shuffling through the pages of a book...she said she refused to despair.
www.questia.com /library/encyclopedia/hand-learned.jsp   (1818 words)

  
 Hand, Learned (US judge)
In an era where government and corporations were running amuck with power, he was indeed a “learned hand” in striking down causes or legislation that ran contrary to his view of the American consitution.
Hand refused to follow the “sagesse des foules” and, instead, decided that the proper test was an “incitement test”; whether the material encouraged or incited others to interfere with military operations.
On the Court of Appeals, he joined his cousin Augustus Noble Hand and devised a judgment writing system which promoted independent thought with each judge declaring his opinion on a case in writing and then sharing this opinion with the others, before they met collegially to decide on the Court’s disposition of the appeal.
www.duhaime.org /LegalDictionary/H/HandLearned.aspx   (981 words)

  
 Learned Hand: The Man and the Judge. - book reviews | Insight on the News | Find Articles at BNET.com
Judge Learned Hand was, at least for this century, the most celebrated American jurist never to sit on the Supreme Court.
Hand served for more than 50 years on the federal bench in New York City, first as a district judge, then as a judge of the 2nd Circuit Court of Appeals.
Learned Hand was born to be a judge.
findarticles.com /p/articles/mi_m1571/is_n22_v10/ai_15454376   (881 words)

  
 Software licensing
Judge Learned Hand, of the Second Circuit Court of Appeals, widely considered the greatest American jurist on intellectual property issues, was faced with the issue in 1940.
The judge held that all of Whitemans rights had passed to RCA Manufacturing Company, Inc., which for that reason was entitled to enjoin the broadcasting of these records; and that Whiteman was also entitled to an injunction against W.B.O. Broadcasting Corporation because it was unfair competition to broadcast his performances without his consent.
Judge Putnam had held the same in 1896 and he was followed by Judge Townsend, Judge Lacombe and Judge Ward.
www.jerrypournelle.com /debates/license.html   (2767 words)

  
 Billings Learned Hand Biography / Biography of Billings Learned Hand Biography
Billings Learned Hand (1872-1961), American jurist, was a senior judge of the Federal Circuit Court of Appeals that had jurisdiction over Vermont, Connecticut, and districts of New York.
Learned Hand was born in Albany, N.Y., on Jan. 27, 1872.
In 1924 Hand was named a judge of the U.S. Circuit Court of Appeals for the Second Judicial Circuit.
www.bookrags.com /biography-billings-learned-hand   (689 words)

  
 SSRN-Hand, Posner, and the Myth of the 'Hand Formula' by Richard Wright
The most famous judicial exposition of the aggregate-risk-utility test is the "Hand formula," which was set forth by federal Second Circuit Judge Learned Hand in a series of opinions that commenced in 1938, four years after the test's adoption in the first Restatement.
Hand was an active participant in the drafting of the first Restatement, and these opinions seem to have been an attempt to stimulate courts' use of the aggregate-risk-utility test.
During the five decades (1909-1961) that Hand served as a federal judge, he mentioned the test in only eleven opinions, between 1938 and 1949, and in none of these opinions did he actually apply the test to resolve the negligence issue.
papers.ssrn.com /sol3/papers.cfm?abstract_id=362800   (669 words)

  
 USDOJ: Office of the Attorney General
Mukasey was appointed to the U.S. District Court for the Southern District of New York by President Ronald Reagan in 1988 and served until 2006, the last six years as chief judge.
Judge Mukasey has received numerous awards over the years, including the Learned Hand Medal for Excellence in Federal Jurisprudence from the Federal Bar Council, the William Tendy Award from the Fiske Association, awards from the Seymour Association, the Respect for Law Alliance, and the Ari Halberstam Award from the Jewish Children's Museum.
Judge Mukasey was nominated to be Attorney General by President George W. Bush on September 17, 2007, and confirmed by the United States Senate on November 8.
www.usdoj.gov /ag   (481 words)

  
 The Volokh Conspiracy - Robert H. Jackson on Learned and Augustus Hand:
Justice Robert Jackson and Judge Learned Hand are probably my two favorite judges, so I was particularly interested to see that Justice Jackson once gave a speech in 1951 on what made Learned Hand and his cousin Augustus Hand so outstanding.
If we are to judge Learned by his decisions, then it seems that this is best done by attributing to him a high capacity for legal or policy decision making - higher than other judges whose judgements are held in less esteem.
Judge Newman may not be as colorful and quotable as Learned Hand, but just as brilliant (maybe he's the modern-day "follow Augustus" judge).
volokh.com /posts/1196902653.shtml   (1766 words)

  
 Taxes
Hand used to describe the banquet as the perfect ending to his first day in heaven.
Hand was born in Albany, N.Y., in 1872, the only son of an intellectually rigorous lawyer and an over-protective, Calvinist mother.
Hand was 14 when his father died, and for the rest of his life he felt inadequate beside his own idealized image of his father.
www.baldwintrustgroup.org /taxes1.htm   (2340 words)

  
 The Volokh Conspiracy - Learned Hand:
I'd always thought Judge Learned Hand's name was mighty cool -- and apt, given his high reputation -- but I've wondered what parents would have the chutzpah to give a boy a name like that.
Learned was apparently a name that ran in the family; his mother was named Lydia Coit Learned Hand.
Learned's cousin Augustus Hand, who was also a Second Circuit judge, was actually Augustus Noble Hand, but he decided to stick with the first name.
volokh.com /posts/1091192714.shtml   (116 words)

  
 MS appeal ruling: Full text | Tech News on ZDNet
Judge Learned Hand spoke of "this America of ours where the passion for publicity is a disease, and where swarms of foolish, tawdry moths dash with rapture into its consuming fire...." Learned Hand, The Spirit of Liberty 132-33 (2d ed.
We recognize that it would be extraordinary to disqualify a judge for bias or appearance of partiality when his remarks arguably reflected what he learned, or what he thought he learned, during the proceedings.
Liljeberg held that a district judge could be disqualified under s 455(a) after entering final judgment in a case, even though the judge was not (but should have been) aware of the grounds for disquali- fication before final judgment.
news.zdnet.com /2100-9595_22-503871-12.html   (1977 words)

  
 This is the Statement of Sen. Patrick Leahy before the Senate Judiciary Committee
A bill to provide that a person closely related to a judge of a court exercising judicial power under article III of the United States Constitution (other than the Supreme Court) may not be appointed as a judge of the same court, and for other purposes.
Chief Judge Winter has been forced to certify the judicial emergency caused by these continuing vacancies, to begin canceling hearing and to take the unprecedented step in the Second Circuit of authorizing 3-judge panels to be composed of two visiting judges and only one Second Circuit Judge.
Judge Sonia Sotomayor is a qualified nominee who was confirmed to the United States District Court for the Southern District of New York in 1992 after being appointed by President Bush.
judiciary.senate.gov /oldsite/pjl1892.htm   (1681 words)

  
 [No title]
The Judge Learned Hand Award is the highest honor the American Jewish Committee bestows on members of the legal profession.
Established in memory of a legendary figure, Judge Learned Hand, Senior Judge of the United States Court of Appeals for the Second Circuit from 1924 to 1951.
Widely admired as a dean among American jurists, Judge Hand was famous for the extensive range of decisions he rendered in more than two thousand cases.
atlinsider.atlanta.net /newsscroller/newstory.aspx?p=http://atlanta.daybooknetwork.com/story/rss_external_view.php?id=10035   (382 words)

  
 LEARNED HAND - AUTOGRAPH LETTER SIGNED 09/07/1956
Learned Hand (1872-1961) received his law degree from Harvard in 1896.
He was a Judge of the U.S. District Court for New York's Southern District (1909-1924) and of the Federal Second Circuit Court of Appeals (1924-1951).
He was noted especially as a defender of free speech and is regarded by many as the greatest judge never to be appointed to the Supreme Court.
www.galleryofhistory.com /archive/6_2002/law/LEARNED_HAND.htm   (481 words)

  
 Situational Ethics, Social Deception, and Lessons of Machiavelli: Office of the President - University of Oregon
One of my own great mentors, the late Elliot Richardson, was a law clerk for the great judge, Learned Hand, and embodied his wisdom and moderation in his own life and actions.
It may be, as some would doubtless argue, that the social science learning I have cited today needs more testing and replication; and that it is dangerous to generalize as broadly as I suggest or imply.
Learned Hand was interested in process and moderation (one of the ways perhaps to avoid self-deception and rationalization).
president.uoregon.edu /speeches/situationalethics.shtml   (4257 words)

  
 Referenced Case
On the plaintiff's exhibit of a note-by-note comparison of the melodies in question Learned Hand drew lines connecting identical pitches occurring at the same points in the two tunes.
Harris (1910), Hand used a similar "comparative method" when he found for the plaintiff because thirteen of seventeen bars were "substantially the same" between the complaining and defending works.
Haas learned of the infringement from Cahalin about the middle of January, and he cannot recover, to the extent of his interest of one-third, after that date, provided the defendant spent substantial sums in exploiting the song thereafter.
ccnmtl.columbia.edu /projects/law/library/cases/case_haasleofeist.html   (1690 words)

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