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Topic: Robert Bork


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In the News (Mon 30 Nov 09)

  
  Robert Bork - Wikipedia, the free encyclopedia
Bork is best known for his theory that the only way to reconcile the role of the judiciary in American government against what he terms the "Madisonian" or "counter-majoritarian" dilemma of the judiciary making law without popular approval is for constitutional adjudication to be guided by the Framers' original understanding of the United States Constitution.
Bork was a circuit judge for the United States Court of Appeals for the District of Columbia Circuit from 1982 to 1988, and was nominated by President Ronald Reagan to the Supreme Court in 1987.
Bork is currently a fellow at the Hudson Institute, as well as a lecturer at the University of Richmond law school and Ave Maria School of Law in Ann Arbor, Michigan.
en.wikipedia.org /wiki/Robert_Bork   (1343 words)

  
 Robert Heron Bork - dKosopedia
Robert Bork has written: "We are increasingly governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own." Bork's views have influenced the legal opinions of conservative judges such as Antonin Scalia and Chief Justice William Rehnquist.
Bork started in private practice in 1954 and then was a professor at Yale Law School from 1962 to 1975 and 1977 to 1981.
Bork served as Solicitor General in the U.S. Department of Justice from 1972 to 1977, and as acting Attorney General of the United States from 1973 to 1974.
www.dkosopedia.com /index.php/Robert_Bork   (710 words)

  
 A Process of Denial: Bork and Postmodern Conservatism by James Boyle
Bork concludes that the real evil in Taney's opinion is that it introduces the concept of substantive due process, a "concept that has been used countless times since by judges who want to write their personal beliefs into a document that, most inconveniently, does not contain those beliefs" (p.31).
Bork is beginning to challenge the centrality of the problem of value, the problem which has driven him through libertarianism to process theory and natural rights, from natural rights to neutral principles, from neutral principles to economic analysis, and from economic analysis to original intent.
Bork claims to that his constitutional philosophy is objectively correct, that it is neutral in derivation and application and that it does not represent the imposition of a particular set of values onto the Constitutional document.
www.law.duke.edu /boylesite/bork.htm   (19347 words)

  
 Robert Bork
Robert Bork is perhaps best known for his 1987 rejection by US Senate Democrats of his nomination for the US Supreme Court for his conservative ideology and judicial philosophy, including his well-known positions against abortion, affirmative action, and First Amendment protection for nonpolitical speech.
Bork's panacea has all the same issues as the disease it is supposed to cure.
Bork's most recent writings will be surprised to find that in the past he has been, successively, a libertarian, a process theorist, a devotee of judicial restraint, a believer in neutral principles, a "law and economist" and an advocate of two distinct forms of originalism.
www.mediatransparency.org /personprofile.php?personID=10   (751 words)

  
 COSMIC BASEBALL ASSOCIATION Robert Bork 2000 Plate
A relentless media barrage portrayed Bork as a radical conservative and way too far outside the traditional mainstream to be granted a seat on the highest bench in the land.
Bork thinks the resulting legacy of the social upheavals of the 1960s is contemporary liberalism.
Robert Bork was drafted in 1999 from the Conservative League of America where he distinguished himself as a first-rate starting pitcher.
www.cosmicbaseball.com /bork0.html   (1200 words)

  
 Right-Web | Individual Profile | Robert Bork
Robert Bork, the conservative icon and former New Deal liberal who moved to the right while a student at the University of Chicago in the 1950s, was nominated to the Supreme Court by Ronald Reagan in 1987.
Bork's connections to a passel of hard right conservatives--such as Irving Kristol, Antonin Scalia, and Caspar Weinberger--as well as his strong ties to the Federalist Society (which he helped found in the early 1980s) and the American Enterprise Institute helped get him the nomination.
Bork is the father of Ellen Bork, the deputy director of the Project for the New American Century.
rightweb.irc-online.org /ind/bork_r/bork_r.php   (397 words)

  
 34. The Bork Nomination
Throughout his career Bork was highly critical of the judicial activism practiced by the Supreme Court in milestone cases involving abortion, affirmative action and civil rights.
Bork claimed he was a strict constructionist who would exercise "judicial restraint." In his view, too many judges (and Supreme Court justices) had been interpreting the intent of the Constitution much too broadly.
Bork's approach to the hearing was in keeping with the decision by the White House to avoid an ideological fight and tout the nominee as a moderate.
eightiesclub.tripod.com /id320.htm   (1977 words)

  
 ROBERT'S RULES OF ORDER: A Conversation with Robert Bork   (Site not responding. Last check: 2007-10-20)
Robert Bork, Distinguished Visiting Fellow, Hoover Institution; Senior Fellow, American Enterprise Institute; Former Circuit Judge, United States Court of Appeals for the District of Columbia.
Robert Bork, as you'll see, is a champion of the second school.
Robert Bork has taught law at Yale University, served as Solicitor General of the United States and served as a United States Court of Appeals Judge.
www.uncommonknowledge.org /800/811.html   (3986 words)

  
 CQ Press In Context : Future of the Supreme Court
Judge Bork has strongly suggested a reformation in constitutional law, one that will bring a “second wave in constitutional theory.” Although perhaps open to differing interpretations, the committee is concerned that the “second wave” is aimed at reform in the courts—in the decisions courts reach, not just in the classroom as some academic exercise.
Judge Bork's antitrust views, together with the “Bork Paradox”—the willingness of Judge Bork to engage in judicial activism despite his supposed adherence to a philosophy of judicial restraint—are yet further reasons why the committee concludes that his nomination to the Supreme Court should be rejected.
The over-all picture presented by Judge Bork's free speech decisions and his writings on the subject belies the extravagant claim made by some of the proponents of this nomination that he is 'at the forefront' of modern free speech jurisprudence.
www.cqpress.com /incontext/SupremeCourt/bork_confirmation.htm   (11152 words)

  
 [No title]
Bork's unhappiness, or outrage, with Griswold stems, he says, not so much from the outcome (though he does describe it and its progeny as symptoms of "'the rampant individualism of the modern era,"' which asserts that "all individuals are entitled, as a matter of constitutional right, to engage in any form of sexual activity"')
Bork identifies the Griswold case and its progeny as the premier examples of judicial seduction, and yet (as we have seen) close examination of his analytical collar and tie suggests that he has been engaging in a bit of scholarly dalliance of his own.
Bork feels otherwise, but he is able to maintain so only through the hoary trick of slipping the desired conclusion in among the definitions, axioms and assignments of burden so as to produce, as if by magic, the desired result at the end.
instapundit.com /lawrev/sexliesj.htm   (15052 words)

  
 washingtonpost.com - watergate scandal and deep throat update, robert bork
A famous conservative, Robert Bork was Nixon's solicitor general and became acting attorney general during the "Saturday Night Massacre." Nixon, fearing that Special Prosecutor Archibald Cox was close to uncovering the truth about his involvement in Watergate (Cox was requesting tapes of Oval Office conversations), ordered then-Attorney General Elliot Richardson to fire Cox.
Bork went on to become embroiled in further political controversy.
Bork is now a senior fellow at the Hudson Institute.
www.washingtonpost.com /wp-srv/onpolitics/watergate/robert.html   (214 words)

  
 #271: 05-17-05 THE HONORABLE ROBERT H. BORK TO RECEIVE JUSTICE DEPARTMENT'S 2005 JOHN SHERMAN AWARD   (Site not responding. Last check: 2007-10-20)
The John Sherman Award was created in 1994 and is presented by the Department's Antitrust Division to a person or persons in recognition of their outstanding contributions to the field of antitrust law, the protection of American consumers, and the preservation of economic liberty.
Among Judge Bork’s many contributions to the development of antitrust law, he is the author of The Antitrust Paradox.
Judge Bork is a former scholar with the American Enterprise Institute and is currently a Distinguished Senior Fellow at the Hudson Institute.
www.usdoj.gov /opa/pr/2005/May/05_at_271.htm   (426 words)

  
 Bork - Wikipedia, the free encyclopedia
Robert Bork, an American legal scholar and former Supreme Court nominee
Ellen Bork, daughter of Robert Bork and deputy director of Project for the New American Century
"Borking"—Politicizing the nomination process through an organized public campaign that portrays the nominee as a dangerous extremist, named after the infamous incident involving Robert Bork.
en.wikipedia.org /wiki/Bork   (228 words)

  
 Legends in the Law: Robert H. Bork   (Site not responding. Last check: 2007-10-20)
Robert H. Bork has served as solicitor general and acting attorney general of the United States and as a judge on the U.S. Court of Appeals for the D.C. Circuit.
Robert H. Bork: No. I was quite radical when I was young.
In those days the great books program that Robert Hutchins ran at the University of Chicago was a bit controversial, and the followers of John Dewey feuded with Robert Hutchins.
www.dcbar.org /for_lawyers/resources/legends_in_the_law/bork.cfm   (4680 words)

  
 Amazon.com: Coercing Virtue : The Worldwide Rule of Judges: Books: Robert H. Bork   (Site not responding. Last check: 2007-10-20)
Robert Bork's thesis is that "the rule of law has become confused with -- indeed subverted by -- by the rule of judges." This is, he contends, precisely what judidicial activism seeks to accomplish.
Bork is aware of the problem, and he correctly notes that a range of factors might contribute to the apathetic response he witnesses.
Judge Bork is of the caliber to be a Cheif Justice.
www.amazon.com /exec/obidos/tg/detail/-/0844741620?v=glance   (2305 words)

  
 Bork calls Miers nomination a 'disaster' - The Situation with Tucker Carlson - MSNBC.com
It’s odd that Justice  Roberts, who is now the chief justice, and who will probably be an excellent choice in many ways, also had no track record that was easy to follow.
BORK: I think they’re probably pretty high because — and this should give the president some pause — they’re pretty high because the Democrats seem to like her.
BORK: Well, those who are involved in the process have some reason to stick with the White House — not because they believe what the White House has done is wise, but they can’t jump overboard with this decision.  But everybody else I’ve talked to ranges between disapproval and outrage.
www.msnbc.msn.com /id/9623345   (613 words)

  
 ProfessorBainbridge.com: Bork Borks Miers   (Site not responding. Last check: 2007-10-20)
To bork is "to seek to obstruct a political appointment or selection; also, to attack a political opponent viciously".
But the worst is that Bork's sole factual basis that she's not qualified is David Brooks' analysis that her Texas Bar Journal President's Columns show no depth.
Judge Bork is a brilliant man, to whom the conservative movement owes a great deal, and his verbal and written punches have always packed a wallop.
www.professorbainbridge.com /2005/10/bork_borks_mier.html   (670 words)

  
 Amazon.com: The TEMPTING OF AMERICA: Books: Robert H. Bork   (Site not responding. Last check: 2007-10-20)
Bork also illustrates the politicization of our law in vivid detail by recounting his nomination for a seat on the Supreme Court and his defeat in the Senate.
Bork's Tempting of America is really three short books combined together: a (conservative) history of constitutional law; a defense of his theory of "original understanding"; and, a memoir of his confirmation battle.
Essentially, Bork argues that the only way to constrain judicial policy-making is to force judges to ground their decisions in the original understanding of the provision at the time of enactment.
www.amazon.com /exec/obidos/tg/detail/-/0684843374?v=glance   (2016 words)

  
 Robert H. Bork on Samuel Alito & Supreme Court on National Review Online
The Federalist Society is in fact far less conservative than the ACLU is liberal, but no one made an issue of Ruth Bader Ginsburg's work as counsel for that organization during her confirmation hearings.
Chief Justice Roberts and Justice Alito will hear a lot about stability in the law, the virtues of stare decisis, and the reliance many women have placed on that decision.
Robert H. Bork, a former judge on the U.S. Court of Appeals (D.C. Circuit), is a fellow at the Hudson Institute, a professor at Ave Maria School of Law, and a visiting professor at the University of Richmond Law School.
www.nationalreview.com /comment/bork200511031121.asp   (954 words)

  
 ROBERT BORK CALLS MIERS NOMINATION "A DISASTER"
If Bork had really wanted to roll Miers under the bus, he should have came out in support of her.
If you are going to use Bork as the yardstick by which all nominees are to be measured in terms of intellect, and Constitutional expertize, then all nominees are going to come up short.
Bork has said he thinks the 2nd amendment is an anachronism, while Harriet Miers considers it a fundamental individual right.
www.freerepublic.com /focus/f-news/1498688/posts   (2070 words)

  
 Slouching Towards Miers [Robert Bork]   (Site not responding. Last check: 2007-10-20)
Bork would concider all the Republican Senators on the Senate Judiciary committee to be lukewarm then.
We cannot know that she is an "originalist." But then, Roberts made clear he was not an originalist in the Scalia paradigm, not am I. Isn't in the Bork universe, one whom one does not know is an orginalist, better than one, one knows one is not?
Bork is a crybaby, crapping in his adult diapers.
www.freerepublic.com /focus/f-news/1505057/posts   (3915 words)

  
 OpinionJournal - Featured Article
With a single stroke--the nomination of Harriet Miers--the president has damaged the prospects for reform of a left-leaning and imperialistic Supreme Court, taken the heart out of a rising generation of constitutional scholars, and widened the fissures within the conservative movement.
A man rose in the audience to say, "You'll keep singing until you get it right." That man should be our model.
Bork is a fellow of the Hudson Institute and editor of "A Country I Do Not Recognize: The Legal Assault on American Values" (Hoover, 2005).
www.opinionjournal.com /editorial/feature.html?id=110007424   (1039 words)

  
 OpinionJournal - Extra
BY ROBERT H. Sunday, July 10, 2005 12:01 a.m.
That will be difficult, but the stakes are the legitimate scope of self-government and an end to judicially imposed moral disorder.
Bork, a former judge of the U.S. Court of Appeals (D.C. Circuit), is a fellow at the Hudson Institute and editor of "A Country I Do Not Recognize: The Legal Assault on American Values," forthcoming from the Hoover Institution Press.
www.opinionjournal.com /extra?id=110006940   (775 words)

  
 Critiques Of Libertarianism: Robert H. Bork Critiques Libertarianism
Libertarians join forces with modern liberals in opposing censorship, though libertarians are far from being modern liberals in other respects.
At a dinner I sat next to a retired Army general who was no a senior corporate executive.
Any serious attempt to root out the worst in our popular culture may be doomed unless the judiciary comes to understand that the First Amendment was adopted for good reasons, and those reasons did not include the furtherance of radical personal autonomy.
world.std.com /~mhuben/bork.html   (920 words)

  
 FT June/July 1999: Thomas More for Our Season   (Site not responding. Last check: 2007-10-20)
Robert Bolt’s A Man for All Seasons got More remarkably right.
In one scene, More, then the Lord Chancellor, argues with family members who are urging him to arrest Richard Rich, the man who was later to betray him.
Robert H. Bork is the John M. Olin Scholar in Legal Studies at the American Enterprise Institute and author of The Tempting of America: The Political Seduction of the Law and Slouching Towards Gomorrah: Modern Liberalism and American Decline.
www.firstthings.com /ftissues/ft9906/articles/bork.html   (3696 words)

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